[Congressional Record Volume 150, Number 126 (Thursday, October 7, 2004)]
[House]
[Pages H8726-H8851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
9/11 RECOMMENDATIONS IMPLEMENTATION ACT
The SPEAKER pro tempore. Pursuant to House Resolution 827 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the further consideration of the bill,
H.R. 10.
{time} 2145
In the Committee of the Whole
Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the further consideration of
the bill (H.R. 10) to provide for reform of the intelligence community,
terrorism prevention and prosecution, border security, and
international cooperation and coordination, and for other purposes,
with Mr. Nethercutt (Chairman pro tempore) in the chair.
The Clerk read the title of the bill.
The CHAIRMAN pro tempore. When the Committee of the Whole rose
earlier today, all time for general debate had expired.
In lieu of the amendments printed in the bill, it shall be in order
to consider as an original bill for the purpose of amendment under the
5-minute rule an amendment in the nature of a substitute consisting of
the text of the Rules Committee print dated October 4, 2004. That
amendment shall be considered read.
The text of the amendment in the nature of a substitute is as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``9/11 Recommendations
Implementation Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A--Establishment of National Intelligence Director
Sec. 1011. Reorganization and improvement of management of intelligence
community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between
Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of National Intelligence Director in appointment of
certain officials responsible for intelligence-related
activities.
Sec. 1015. Initial appointment of the National Intelligence Director.
Sec. 1016. Executive schedule matters.
Sec. 1017. Information sharing.
Subtitle B--National Counterterrorism Center and Civil Liberties
Protections
Sec. 1021. National Counterterrorism Center.
Sec. 1022. Civil Liberties Protection Officer.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Human Intelligence (HUMINT)
Sec. 1041. Human intelligence as an increasingly critical component of
the intelligence community.
Sec. 1042. Improvement of human intelligence capacity.
Subtitle E--Improvement of Education for the Intelligence Community
Sec. 1051. Modification of obligated service requirements under
National Security Education Program.
Sec. 1052. Improvements to the National Flagship Language Initiative.
Sec. 1053. Establishment of scholarship program for English language
studies for heritage community citizens of the United
States within the National Security Education Program.
Sec. 1054. Sense of Congress with respect to language and education for
the intelligence community; reports.
Sec. 1055. Advancement of foreign languages critical to the
intelligence community.
Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
Sec. 1057. Codification of establishment of the National Virtual
Translation Center.
Sec. 1058. Report on recruitment and retention of qualified instructors
of the Defense Language Institute.
Subtitle F--Additional Improvements of Intelligence Activities
Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary
Separation Incentive Program.
Sec. 1062. National Security Agency Emerging Technologies Panel.
Sec. 1063. Service and National Laboratories and the intelligence
community.
Sec. 1064. Improvement in translation and delivery of suspected
terrorist communications.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of National
Intelligence Director and Director of the Central
Intelligence Agency.
[[Page H8727]]
Sec. 1072. Other conforming amendments
Sec. 1073. Elements of intelligence community under National Security
Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 1075. Repeal of superseded authorities.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service
of the Director of the Central Intelligence Agency.
Sec. 1078. Access to Inspector General protections.
Sec. 1079. General references.
Sec. 1080. Application of other laws.
Subtitle H--Transfer, Termination, Transition and Other Provisions
Sec. 1091. Transfer of community management staff.
Sec. 1092. Transfer of terrorist threat integration center.
Sec. 1093. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Transitional authorities.
Sec. 1096. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education
school selection rates for military intelligence
officers.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 2001. Individual terrorists as agents of foreign powers.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 2021. Short title.
Sec. 2022. Hoaxes and recovery costs.
Sec. 2023. Obstruction of justice and false statements in terrorism
cases.
Sec. 2024. Clarification of definition.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act
of 2004
Sec. 2041. Short title.
Sec. 2042. Receiving military-type training from a foreign terrorist
organization.
Sec. 2043. Providing material support to terrorism.
Sec. 2044. Financing of terrorism.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of
2004
Sec. 2051. Short title.
Sec. 2052. Weapons of mass destruction.
Sec. 2053. Participation in nuclear and weapons of mass destruction
threats to the United States.
Subtitle E--Money Laundering and Terrorist Financing
Chapter 1--Funding to Combat Financial Crimes Including Terrorist
Financing
Sec. 2101. Additional authorization for FinCEN.
Sec. 2102. Money laundering and financial crimes strategy
reauthorization.
Chapter 2--Enforcement Tools to Combat Financial Crimes Including
Terrorist Financing
Subchapter A--Money laundering abatement and financial antiterrorism
technical corrections
Sec. 2111. Short title.
Sec. 2112. Technical corrections to Public Law 107-56.
Sec. 2113. Technical corrections to other provisions of law.
Sec. 2114. Repeal of review.
Sec. 2115. Effective date.
Subchapter B--Additional enforcement tools
Sec. 2121. Bureau of Engraving and Printing security printing.
Sec. 2122. Conduct in aid of counterfeiting.
Sec. 2123. Reporting of cross-border transmittal of funds.
Sec. 2124. Enhanced effectiveness of examinations, including anti-money
laundering programs.
Subtitle F--Criminal History Background Checks
Sec. 2141. Short title.
Sec. 2142. Criminal history background checks.
Sec. 2143. Protect Act.
Sec. 2144. Reviews of criminal records of applicants for private
security officer employment.
Sec. 2145. Task force on clearinghouse for IAFIS criminal history
records.
Sec. 2146. Clarification of purpose.
Subtitle G--Protection of United States Aviation System From Terrorist
Attacks
Sec. 2171. Provision for the use of biometric or other technology.
Sec. 2172. Transportation security strategic planning.
Sec. 2173. Next generation airline passenger prescreening.
Sec. 2174. Deployment and use of explosive detection equipment at
airport screening checkpoints.
Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and
baggage containers.
Sec. 2176. Air cargo screening technology.
Sec. 2177. Airport checkpoint screening explosive detection.
Sec. 2178. Next generation security checkpoint.
Sec. 2179. Penalty for failure to secure cockpit door.
Sec. 2180. Federal air marshal anonymity.
Sec. 2181. Federal law enforcement counterterrorism training.
Sec. 2182. Federal flight deck officer weapon carriage pilot program.
Sec. 2183. Registered traveler program.
Sec. 2184. Wireless communication.
Sec. 2185. Secondary flight deck barriers.
Sec. 2186. Extension.
Sec. 2187. Perimeter Security.
Sec. 2188. Definitions.
Subtitle H--Other Matters
Sec. 2191. Grand jury information sharing.
Sec. 2192. Interoperable law enforcement and intelligence data system.
Sec. 2193. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 2194. Authorization and change of COPS program to single grant
program.
Subtitle I--Police Badges
Sec. 2201. Short title.
Sec. 2202. Police badges.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
Chapter 1--General Provisions
Sec. 3001. Eliminating the ``Western Hemisphere'' exception for
citizens.
Sec. 3002. Modification of waiver authority with respect to
documentation requirements for nationals of foreign
contiguous territories and adjacent islands.
Sec. 3003. Increase in full-time border patrol agents.
Sec. 3004. Increase in full-time immigration and customs enforcement
investigators.
Sec. 3005. Alien identification standards.
Sec. 3006. Expedited removal.
Sec. 3007. Preventing terrorists from obtaining asylum.
Sec. 3008. Revocation of visas and other travel documentation.
Sec. 3009. Judicial review of orders of removal.
Chapter 2--Deportation of Terrorists and Supporters of Terrorism
Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Exception to restriction on removal for terrorists and
criminals.
Sec. 3033. Additional removal authorities.
Chapter 3--Preventing Commercial Alien Smuggling
Sec. 3041. Bringing in and harboring certain aliens.
Subtitle B--Identity Management Security
Chapter 1--Improved Security for Drivers' Licenses and Personal
Identification Cards
Sec. 3051. Definitions.
Sec. 3052. Minimum document requirements and issuance standards for
federal recognition.
Sec. 3053. Linking of databases.
Sec. 3054. Trafficking in authentication features for use in false
identification documents.
Sec. 3055. Grants to States.
Sec. 3056. Authority.
Chapter 2--Improved Security for Birth Certificates
Sec. 3061. Definitions.
Sec. 3062. Applicability of minimum standards to local governments.
Sec. 3063. Minimum standards for Federal recognition.
Sec. 3064. Establishment of electronic birth and death registration
systems.
Sec. 3065. Electronic verification of vital events.
Sec. 3066. Grants to States.
Sec. 3067. Authority.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security
Account Numbers
Sec. 3071. Prohibition of the display of social security account
numbers on driver's licenses or motor vehicle
registrations.
Sec. 3072. Independent verification of birth records provided in
support of applications for social security account
numbers.
Sec. 3073. Enumeration at birth.
Sec. 3074. Study relating to use of photographic identification in
connection with applications for benefits, social
security account numbers, and social security cards.
Sec. 3075. Restrictions on issuance of multiple replacement social
security cards.
Sec. 3076. Study relating to modification of the social security
account numbering system to show work authorization
status.
Subtitle C--Targeting Terrorist Travel
Sec. 3081. Studies on machine-readable passports and travel history
database.
Sec. 3082. Expanded preinspection at foreign airports.
Sec. 3083. Immigration security initiative.
Sec. 3084. Responsibilities and functions of consular officers.
Sec. 3085. Increase in penalties for fraud and related activity.
Sec. 3086. Criminal penalty for false claim to citizenship.
[[Page H8728]]
Sec. 3087. Antiterrorism assistance training of the Department of
State.
Sec. 3088. International agreements to track and curtail terrorist
travel through the use of fraudulently obtained
documents.
Sec. 3089. International standards for translation of names into the
Roman alphabet for international travel documents and
name-based watchlist systems.
Sec. 3090. Biometric entry and exit data system.
Sec. 3091. Enhanced responsibilities of the coordinator for
counterterrorism.
Sec. 3092. Establishment of Office of Visa and Passport Security in the
Department of State.
Subtitle D--Terrorist Travel
Sec. 3101. Information sharing and coordination.
Sec. 3102. Terrorist travel program.
Sec. 3103. Training program.
Sec. 3104. Technology acquisition and dissemination plan.
Subtitle E--Maritime Security Requirements
Sec. 3111. Deadlines for implementation of maritime security
requirements.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
Chapter 1--Provisions Relating to terrorist sanctuaries
Sec. 4001. United States policy on terrorist sanctuaries.
Sec. 4002. Reports on terrorist sanctuaries.
Sec. 4003. Amendments to existing law to include terrorist sanctuaries.
Chapter 2--Other Provisions
Sec. 4011. Appointments to fill vacancies in Arms Control and
Nonproliferation Advisory Board.
Sec. 4012. Review of United States policy on proliferation of weapons
of mass destruction and control of strategic weapons.
Sec. 4013. International agreements to interdict acts of international
terrorism.
Sec. 4014. Effective Coalition approach toward detention and humane
treatment of captured terrorists.
Subtitle B--Prevent the Continued Growth of Terrorism
Chapter 1--United States Public Diplomacy
Sec. 4021. Annual review and assessment of public diplomacy strategy.
Sec. 4022. Public diplomacy training.
Sec. 4023. Promoting direct exchanges with Muslim countries.
Sec. 4024. Public diplomacy required for promotion in Foreign Service.
Chapter 2--United States Multilateral Diplomacy
Sec. 4031. Purpose.
Sec. 4032. Support and expansion of Democracy Caucus.
Sec. 4033. Leadership and membership of international organizations.
Sec. 4034. Increased training in multilateral diplomacy.
Sec. 4035. Implementation and establishment of Office on Multilateral
Negotiations.
Chapter 3--Other provisions
Sec. 4041. Pilot program to provide grants to American-sponsored
schools in predominantly Muslim countries to provide
scholarships.
Sec. 4042. Enhancing free and independent media.
Sec. 4043. Combating biased or false foreign media coverage of the
United States.
Sec. 4044. Report on broadcast outreach strategy.
Sec. 4045. Office relocation.
Sec. 4046. Strengthening the Community of Democracies for Muslim
countries.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
Sec. 4051. Designation of foreign terrorist organizations.
Sec. 4052. Inclusion in annual Department of State country reports on
terrorism of information on terrorist groups that seek
weapons of mass destruction and groups that have been
designated as foreign terrorist organizations.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
Sec. 4061. Short title.
Sec. 4062. Coordination of assistance for Afghanistan.
Sec. 4063. General provisions relating to the Afghanistan Freedom
Support Act of 2002.
Sec. 4064. Rule of law and related issues.
Sec. 4065. Monitoring of assistance.
Sec. 4066. United States policy to support disarmament of private
militias and to support expansion of international
peacekeeping and security operations in Afghanistan.
Sec. 4067. Efforts to expand international peacekeeping and security
operations in Afghanistan.
Sec. 4068. Provisions relating to counternarcotics efforts in
Afghanistan.
Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act
of 2002.
Sec. 4070. Repeal.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
Sec. 4081. New United States strategy for relationship with Saudi
Arabia.
Sec. 4082. United States commitment to the future of Pakistan.
Sec. 4083. Extension of Pakistan waivers.
Subtitle F--Oversight Provisions
Sec. 4091. Case-Zablocki Act requirements.
Subtitle G--Additional Protections of United States Aviation System
from Terrorist Attacks
Sec. 4101. International agreements to allow maximum deployment of
Federal flight deck officers.
Sec. 4102. Federal air marshal training.
Sec. 4103. Man-portable air defense systems (MANPADS).
Subtitle H--Improving International Standards and Cooperation to Fight
Terrorist Financing
Sec. 4111. Sense of the Congress regarding success in multilateral
organizations.
Sec. 4112. Expanded reporting and testimony requirements for the
Secretary of the Treasury.
Sec. 4113. Coordination of United States Government efforts.
Sec. 4114. Definitions.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
Sec. 5001. Short title.
Sec. 5002. Findings.
Sec. 5003. Faster and smarter funding for first responders.
Sec. 5004. Coordination of industry efforts.
Sec. 5005. Superseded provision.
Sec. 5006. Sense of Congress regarding interoperable communications.
Sec. 5007. Sense of Congress regarding citizen corps councils.
Sec. 5008. Study regarding nationwide emergency notification system.
Sec. 5009. Required coordination.
Subtitle B--Government Reorganization Authority
Sec. 5021. Authorization of intelligence community reorganization
plans.
Subtitle C--Restructuring Relating to the Department of Homeland
Security and Congressional Oversight
Sec. 5025. Responsibilities of Counternarcotics Office.
Sec. 5026. Use of counternarcotics enforcement activities in certain
employee performance appraisals.
Sec. 5027. Sense of the House of Representatives on addressing homeland
security for the American people.
Sec. 5028. Assistant Secretary for Cybersecurity.
Subtitle D--Improvements to Information Security
Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency
planning for information security needs.
Subtitle E--Personnel Management Improvements
Chapter 1--Appointments Process Reform
Sec. 5041. Appointments to national security positions.
Sec. 5042. Presidential inaugural transitions.
Sec. 5043. Public financial disclosure for the intelligence community.
Sec. 5044. Reduction of positions requiring appointment with Senate
confirmation.
Sec. 5045. Effective dates.
Chapter 2--Federal Bureau of Investigation Revitalization
Sec. 5051. Mandatory separation age.
Sec. 5052. Retention and relocation bonuses.
Sec. 5053. Federal Bureau of Investigation Reserve Service.
Sec. 5054. Critical positions in the Federal Bureau of Investigation
intelligence directorate.
Chapter 3--Reporting Requirement
Sec. 5061. Reporting requirement.
Subtitle F--Security Clearance Modernization
Sec. 5071. Definitions.
Sec. 5072. Security clearance and investigative programs oversight and
administration.
Sec. 5073. Reciprocity of security clearance and access determinations.
Sec. 5074. Establishment of national database .
Sec. 5075. Use of available technology in clearance investigations.
Sec. 5076. Reduction in length of personnel security clearance process.
Sec. 5077. Security clearances for presidential transition.
Sec. 5078. Reports.
Subtitle G--Emergency Financial Preparedness
Chapter 1--Emergency Preparedness for Fiscal Authorities
Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Treasury support for financial services industry
preparedness and response.
Chapter 2--Market Preparedness
Sec. 5084. Short title.
[[Page H8729]]
Sec. 5085. Extension of emergency order authority of the Securities and
Exchange Commission.
Sec. 5086. Parallel authority of the Secretary of the Treasury with
respect to government securities.
Sec. 5087. Joint report on implementation of financial system
resilience recommendations.
Sec. 5088. Private sector preparedness.
Sec. 5089. Report on public/private partnerships.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
Sec. 5091. Requirement that agency rulemaking take into consideration
impacts on individual privacy.
Sec. 5092. Chief privacy officers for agencies with law enforcement or
anti-terrorism functions.
Chapter 2--Mutual Aid and Litigation Management
Sec. 5101. Short title.
Sec. 5102. Mutual aid authorized.
Sec. 5103. Litigation management agreements.
Sec. 5104. Additional provisions.
Sec. 5105. Definitions.
Chapter 3--Miscellaneous Matters
Sec. 5131. Enhancement of public safety communications
interoperability.
Sec. 5132. Sense of Congress regarding the incident command system.
Sec. 5133. Sense of Congress regarding United States Northern Command
plans and strategies.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the ``National Security
Intelligence Improvement Act of 2004''.
Subtitle A--Establishment of National Intelligence Director
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF
INTELLIGENCE COMMUNITY.
(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:
``national intelligence director
``Sec. 102. (a) National Intelligence Director.--(1) There
is a National Intelligence Director who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) The National Intelligence Director shall not be
located within the Executive Office of the President.
``(b) Principal Responsibility.--Subject to the authority,
direction, and control of the President, the National
Intelligence Director shall--
``(1) serve as head of the intelligence community;
``(2) act as the principal adviser to the President, to the
National Security Council, and the Homeland Security Council
for intelligence matters related to the national security;
and
``(3) through the heads of the departments containing
elements of the intelligence community, and the Central
Intelligence Agency, manage and oversee the execution of the
National Intelligence Program and direct the National
Intelligence Program.
``(c) Prohibition on Dual Service.--The individual serving
in the position of National Intelligence Director shall not,
while so serving, also serve as the Director of the Central
Intelligence Agency or as the head of any other element of
the intelligence community.
``responsibilities and authorities of the national intelligence
director
``Sec. 102A. (a) Provision of Intelligence.--(1) Under the
direction of the President, the National Intelligence
Director shall be responsible for ensuring that national
intelligence is provided--
``(A) to the President;
``(B) to the heads of departments and agencies of the
executive branch;
``(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
``(D) where appropriate, to the Senate and House of
Representatives and the committees thereof; and
``(E) to such other persons as the National Intelligence
Director determines to be appropriate.
``(2) Such national intelligence should be timely,
objective, independent of political considerations, and based
upon all sources available to the intelligence community and
other appropriate entities.
``(b) Access to Intelligence.--To the extent approved by
the President, the National Intelligence Director shall have
access to all national intelligence and intelligence related
to the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the National Intelligence
Director.
``(c) Budget Authorities.--(1)(A) The National Intelligence
Director shall develop and present to the President on an
annual basis a budget for intelligence and intelligence-
related activities of the United States.
``(B) In carrying out subparagraph (A) for any fiscal year
for the components of the budget that comprise the National
Intelligence Program, the National Intelligence Director
shall provide guidance to the heads of departments containing
elements of the intelligence community, and to the heads of
the elements of the intelligence community, for development
of budget inputs to the National Intelligence Director.
``(2)(A) The National Intelligence Director shall
participate in the development by the Secretary of Defense of
the annual budgets for the Joint Military Intelligence
Program and for Tactical Intelligence and Related Activities.
``(B) The National Intelligence Director shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
``(3) In carrying out paragraphs (1) and (2), the National
Intelligence Director may, as appropriate, obtain the advice
of the Joint Intelligence Community Council.
``(4) The National Intelligence Director shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
``(5)(A) The National Intelligence Director shall
facilitate the management and execution of funds appropriated
for the National Intelligence Program.
``(B) Notwithstanding any other provision of law, in
receiving funds pursuant to relevant appropriations Acts for
the National Intelligence Program, the Office of Management
and Budget shall apportion funds appropriated for the
National Intelligence Program to the National Intelligence
Director for allocation to the elements of the intelligence
community through the host executive departments that manage
programs and activities that are part of the National
Intelligence Program.
``(C) The National Intelligence Director shall monitor the
implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part
of the National Intelligence Program, which may include
audits and evaluations, as necessary and feasible.
``(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget
and Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
``(7)(A) The National Intelligence Director shall provide a
quarterly report, beginning April 1, 2005, and ending April
1, 2007, to the President and the Congress regarding
implementation of this section.
``(B) The National Intelligence Director shall report to
the President and the Congress not later than 5 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including
permanent statutes, authorization Acts, and appropriations
Acts), or the direction of the National Intelligence
Director, in carrying out the National Intelligence Program.
``(d) Role of National Intelligence Director in
Reprogramming.--(1) No funds made available under the
National Intelligence Program may be transferred or
reprogrammed without the prior approval of the National
Intelligence Director, except in accordance with procedures
prescribed by the National Intelligence Director.
``(2) The Secretary of Defense shall consult with the
National Intelligence Director before transferring or
reprogramming funds made available under the Joint Military
Intelligence Program.
``(e) Transfer of Funds or Personnel Within National
Intelligence Program.--(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--
``(A) may transfer funds appropriated for a program within
the National Intelligence Program to another such program;
and
``(B) in accordance with procedures to be developed by the
National Intelligence Director and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for periods up to one year.
``(2) The amounts available for transfer in the National
Intelligence Program in any given fiscal year, and the terms
and conditions governing such transfers, are subject to the
provisions of annual appropriations Acts and this subsection.
``(3)(A) A transfer of funds or personnel may be made under
this subsection only if--
``(i) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
``(ii) the need for funds or personnel for such activity is
based on unforeseen requirements;
``(iii) the transfer does not involve a transfer of funds
to the Reserve for Contingencies of the Central Intelligence
Agency;
``(iv) in the case of a transfer of funds, the transfer
results in a cumulative transfer of funds out of any
department or agency, as appropriate, funded in the National
Intelligence Program in a single fiscal year--
``(I) that is less than $100,000,000, and
``(II) that is less than 5 percent of amounts available to
a department or agency under the National Intelligence
Program; and
``(v) the transfer does not terminate a program.
``(B) A transfer may be made without regard to a limitation
set forth in clause (iv) or (v) of subparagraph (A) if the
transfer has
[[Page H8730]]
the concurrence of the head of the department or agency
involved. The authority to provide such concurrence may only
be delegated by the head of the department or agency involved
to the deputy of such officer.
``(4) Funds transferred under this subsection shall remain
available for the same period as the appropriations account
to which transferred.
``(5) 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 the date of the
enactment of this subsection.
``(6)(A) The National Intelligence Director shall promptly
submit to--
``(i) the congressional intelligence committees,
``(ii) in the case of the transfer of personnel to or from
the Department of Defense, the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House
of Representatives, and
``(iii) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciary
of the Senate and the House of Representatives,
a report on any transfer of personnel made pursuant to this
subsection.
``(B) 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.
``(f) Tasking and Other Authorities.--(1)(A) The National
Intelligence Director shall--
``(i) develop collection objectives, priorities, and
guidance for the intelligence community to ensure timely and
effective collection, processing, analysis, and dissemination
(including access by users to collected data consistent with
applicable law and, as appropriate, the guidelines referred
to in subsection (b) and analytic products generated by or
within the intelligence community) of national intelligence;
``(ii) determine and establish requirements and priorities
for, and manage and direct the tasking of, collection,
analysis, production, and dissemination of national
intelligence by elements of the intelligence community,
including--
``(I) approving requirements for collection and analysis,
and
``(II) resolving conflicts in collection requirements and
in the tasking of national collection assets of the elements
of the intelligence community; and
``(iii) provide advisory tasking to intelligence elements
of those agencies and departments not within the National
Intelligence Program.
``(B) The authority of the National Intelligence Director
under subparagraph (A) shall not apply--
``(i) insofar as the President so directs;
``(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking
authority under plans or arrangements agreed upon by the
Secretary of Defense and the National Intelligence Director;
or
``(iii) to the direct dissemination of information to State
government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland
Security Act of 2002 (6 U.S.C. 121, 482).
``(2) The National Intelligence Director shall oversee the
National Counterterrorism Center and may establish such other
national intelligence centers as the Director determines
necessary.
``(3)(A) The National Intelligence Director shall prescribe
community-wide personnel policies that--
``(i) facilitate assignments across community elements and
to the intelligence centers;
``(ii) establish overarching standards for intelligence
education and training; and
``(iii) promote the most effective analysis and collection
of intelligence by ensuring a diverse workforce, including
the recruitment and training of women, minorities, and
individuals with diverse, ethnic, and linguistic backgrounds.
``(B) In developing the policies prescribed under
subparagraph (A), the National Intelligence Director shall
consult with the heads of the departments containing the
elements of the intelligence community.
``(C) Policies prescribed under subparagraph (A) shall not
be inconsistent with the personnel policies otherwise
applicable to members of the uniformed services.
``(4) The National Intelligence Director shall ensure
compliance with the Constitution and laws of the United
States by the Central Intelligence Agency and shall ensure
such compliance by other elements of the intelligence
community through the host executive departments that manage
the programs and activities that are part of the National
Intelligence Program.
``(5) The National Intelligence Director shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
``(6) The National Intelligence Director shall perform such
other functions as the President may direct.
``(7) Nothing in this title shall be construed as affecting
the role of the Department of Justice or the Attorney General
with respect to applications under the Foreign Intelligence
Surveillance Act of 1978.
``(g) Intelligence Information Sharing.--(1) The National
Intelligence Director shall have principal authority to
ensure maximum availability of and access to intelligence
information within the intelligence community consistent with
national security requirements. The National Intelligence
Director shall--
``(A) establish uniform security standards and procedures;
``(B) establish common information technology standards,
protocols, and interfaces;
``(C) ensure development of information technology systems
that include multi-level security and intelligence
integration capabilities; and
``(D) establish policies and procedures to resolve
conflicts between the need to share intelligence information
and the need to protect intelligence sources and methods.
``(2) The President shall ensure that the National
Intelligence Director has all necessary support and
authorities to fully and effectively implement paragraph (1).
``(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department
or agency in question, a Federal agency or official shall not
be considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the National
Intelligence Director or the National Counterterrorism
Center.
``(4) Not later than February 1 of each year, the National
Intelligence Director shall submit to the President and to
the Congress an annual report that identifies any statute,
regulation, policy, or practice that the Director believes
impedes the ability of the Director to fully and effectively
implement paragraph (1).
``(h) Analysis.--(1) The National Intelligence Director
shall ensure that all elements of the intelligence community
strive for the most accurate analysis of intelligence derived
from all sources to support national security needs.
``(2) The National Intelligence Director shall ensure that
intelligence analysis generally receives the highest priority
when distributing resources within the intelligence community
and shall carry out duties under this subsection in a manner
that--
``(A) develops all-source analysis techniques;
``(B) ensures competitive analysis;
``(C) ensures that differences in judgment are fully
considered and brought to the attention of policymakers; and
``(D) builds relationships between intelligence collectors
and analysts to facilitate greater understanding of the needs
of analysts.
``(i) Protection of Intelligence Sources and Methods.--(1)
In order to protect intelligence sources and methods from
unauthorized disclosure and, consistent with that protection,
to maximize the dissemination of intelligence, the National
Intelligence Director shall establish and implement
guidelines for the intelligence community for the following
purposes:
``(A) Classification of information.
``(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
``(C) Preparation of intelligence products in such a way
that source information is removed to allow for dissemination
at the lowest level of classification possible or in
unclassified form to the extent practicable.
``(2) The Director may only delegate a duty or authority
given the Director under this subsection to the Deputy
National Intelligence Director.
``(j) Uniform Procedures for Sensitive Compartmented
Information.--The President, acting through the National
Intelligence Director, shall--
``(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any agency or department of the United
States and to employees of contractors of those agencies or
departments;
``(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
``(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by those agencies; and
``(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security.
``(k) Coordination With Foreign Governments.--Under the
direction of the President and 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 the
coordination of 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.
[[Page H8731]]
``(l) Enhanced Personnel Management.--(1)(A) The National
Intelligence Director shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
``(i) on the staff of the National Intelligence Director;
``(ii) on the staff of the national intelligence centers;
``(iii) on the staff of the National Counterterrorism
Center; and
``(iv) in other positions in support of the intelligence
community management functions of the Director.
``(B) Incentives under subparagraph (A) may include
financial incentives, bonuses, and such other awards and
incentives as the Director considers appropriate.
``(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) 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.
``(B) The Director may prescribe regulations to carry out
this section.
``(3)(A) 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, users, and capabilities.
``(B) The mechanisms prescribed under subparagraph (A) may
include the following:
``(i) The establishment of special occupational categories
involving service, over the course of a career, in more than
one element of the intelligence community.
``(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two
or more elements of the intelligence community.
``(iii) The establishment of requirements for education,
training, service, and evaluation that involve service in
more than one element of the intelligence community.
``(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within
the intelligence community the joint officer management
policies established by chapter 38 of title 10, United States
Code, and the other amendments made by title IV of the
Goldwater-Nichols Department of Defense Reorganization Act of
1986 (Public Law 99-433).
``(4)(A) This subsection shall not apply with respect to
personnel of the elements of the intelligence community who
are members of the uniformed services or law enforcement
officers (as that term is defined in section 5541(3) of title
5, United States Code).
``(B) Assignment to the Office of the National Intelligence
Director of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the
joint officer management policies prescribed by chapter 38 of
title 10, United States Code, and other provisions of that
title.
``(m) Additional Authority With Respect to Personnel.--(1)
In addition to the authorities under subsection (f)(3), the
National Intelligence Director may exercise with respect to
the personnel of the Office of the National Intelligence
Director 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 subsection 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.
``(2) Employees and applicants for employment of the Office
of the National Intelligence Director shall have the same
rights and protections under the Office of the National
Intelligence Director 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 subsection.
``(n) Acquisition Authorities.--(1) In carrying out the
responsibilities and authorities under this section, the
National Intelligence Director may exercise the acquisition
authorities referred to in the Central Intelligence Agency
Act of 1949 (50 U.S.C. 403a et seq.).
``(2) For the purpose of the exercise of any authority
referred to in paragraph (1), a reference to the head of an
agency shall be deemed to be a reference to the National
Intelligence Director or the Deputy National Intelligence
Director.
``(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an
agency may be made with respect to individual purchases and
contracts or with respect to classes of purchases or
contracts, and shall be final.
``(B) Except as provided in subparagraph (C), the National
Intelligence Director or the Deputy National Intelligence
Director may, in such official's discretion, delegate to any
officer or other official of the Office of the National
Intelligence Director any authority to make a determination
or decision as the head of the agency under an authority
referred to in paragraph (1).
``(C) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c(d)) shall apply to the exercise by the National
Intelligence Director of an authority referred to in
paragraph (1).
``(D) Each determination or decision required by an
authority referred to in the second sentence of section 3(d)
of the Central Intelligence Agency Act of 1949 shall be based
upon written findings made by the official making such
determination or decision, which findings shall be final and
shall be available within the Office of the National
Intelligence Director for a period of at least six years
following the date of such determination or decision.
``(o) Consideration of Views of Elements of the
Intelligence Community.--In carrying out the duties and
responsibilities under this section, the National
Intelligence Director shall take into account the views of a
head of a department containing an element of the
intelligence community and of the Director of the Central
Intelligence Agency.
``office of the national intelligence director
``Sec. 103. (a) Establishment of Office; Function.--(1)
There is an Office of the National Intelligence Director. The
Office of the National Intelligence Director shall not be
located within the Executive Office of the President.
``(2) The function of the Office is to assist the National
Intelligence Director in carrying out the duties and
responsibilities of the Director under this Act and to carry
out such other duties as may be prescribed by the President
or by law.
``(3) Any authority, power, or function vested by law in
any officer, employee, or part of the Office of the National
Intelligence Director is vested in, or may be exercised by,
the National Intelligence Director.
``(4) Exemptions, exceptions, and exclusions for the
Central Intelligence Agency or for personnel, resources, or
activities of such Agency from otherwise applicable laws,
other than the exception contained in section 104A(c)(1)
shall apply in the same manner to the Office of the National
Intelligence Director and the personnel, resources, or
activities of such Office.
``(b) Office of National Intelligence Director.--(1) The
Office of the National Intelligence Director is composed of
the following:
``(A) The National Intelligence Director.
``(B) The Deputy National Intelligence Director.
``(C) The Deputy National Intelligence Director for
Operations.
``(D) The Deputy National Intelligence Director for
Community Management and Resources.
``(E) The Associate National Intelligence Director for
Military Support.
``(F) The Associate National Intelligence Director for
Domestic Security.
``(G) The Associate National Intelligence Director for
Diplomatic Affairs.
``(H) The Associate National Intelligence Director for
Science and Technology.
``(I) The National Intelligence Council.
``(J) The General Counsel to the National Intelligence
Director.
``(K) Such other offices and officials as may be
established by law or the National Intelligence Director may
establish or designate in the Office.
``(2) 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 staff having expertise in
matters relating to such duties and responsibilities and may
establish permanent positions and appropriate rates of pay
with respect to such staff.
``(c) Deputy National Intelligence Director.--(1) There is
a Deputy National Intelligence Director who shall be
appointed by the President, by and with the advice and
consent of the Senate.
``(2) The Deputy National Intelligence Director shall
assist the National Intelligence Director in carrying out the
responsibilities of the National Intelligence Director under
this Act.
``(3) The Deputy National Intelligence Director shall act
for, and exercise the powers of, the National Intelligence
Director during the absence or disability of the National
Intelligence Director or during a vacancy in the position of
the National Intelligence Director.
``(4) The Deputy National Intelligence Director takes
precedence in the Office of the National Intelligence
Director immediately after the National Intelligence
Director.
``(d) Deputy National Intelligence Director for
Operations.--(1) There is a Deputy National Intelligence
Director for Operations.
``(2) The Deputy National Intelligence Director for
Operations shall--
``(A) assist the National Intelligence Director in all
aspects of intelligence operations, including intelligence
tasking, requirements, collection, and analysis;
``(B) assist the National Intelligence Director in
overseeing the national intelligence centers; and
``(C) perform such other duties and exercise such powers as
National Intelligence Director may prescribe.
``(e) Deputy National Intelligence Director for Community
Management and Resources.--(1) There is a Deputy National
Intelligence Director for Community Management and Resources.
[[Page H8732]]
``(2) The Deputy National Intelligence Director for
Community Management and Resources shall--
``(A) assist the National Intelligence Director in all
aspects of management and resources, including
administration, budgeting, information security, personnel,
training, and programmatic functions; and
``(B) perform such other duties and exercise such powers as
the National Intelligence Director may prescribe.
``(f) Associate National Intelligence Director for Military
Support.--(1) There is an Associate National Intelligence
Director for Military Support who shall be appointed by the
National Intelligence Director, in consultation with the
Secretary of Defense.
``(2) The Associate National Intelligence Director for
Military Support shall--
``(A) ensure that the intelligence needs of the Department
of Defense are met; and
``(B) perform such other duties and exercise such powers as
the National Intelligence Director may prescribe.
``(g) Associate National Intelligence Director for Domestic
Security.--(1) There is an Associate National Intelligence
Director for Domestic Security who shall be appointed by the
National Intelligence Director in consultation with the
Attorney General and the Secretary of Homeland Security.
``(2) The Associate National Intelligence Director for
Domestic Security shall--
``(A) ensure that the intelligence needs of the Department
of Justice, the Department of Homeland Security, and other
relevant executive departments and agencies are met; and
``(B) perform such other duties and exercise such powers as
the National Intelligence Director may prescribe, except that
the National Intelligence Director may not make such officer
responsible for disseminating any domestic or homeland
security information to State government or local government
officials or any private sector entity.
``(h) Associate National Intelligence Director for
Diplomatic Affairs.--(1) There is an Associate National
Intelligence Director for Diplomatic Affairs who shall be
appointed by the National Intelligence Director in
consultation with the Secretary of State.
``(2) The Associate National Intelligence Director for
Diplomatic Affairs shall--
``(A) ensure that the intelligence needs of the Department
of State are met; and
``(B) perform such other duties and exercise such powers as
the National Intelligence Director may prescribe.
``(i) Associate National Intelligence Director for Science
and Technology.--(1) There is an Associate National
Intelligence Director for Science and Technology who shall be
appointed by the National Intelligence Director.
``(2) The Associate National Intelligence Director for
Science and Technology shall--
``(A) advise the National Intelligence Director regarding
research and development efforts and priorities in support of
the intelligence mission, to ensure that the science and
technology needs of the National Intelligence Program will be
met;
``(B) develop in consultation with appropriate agencies and
the Associate National Intelligence Directors for Military
Support, Domestic Security, and Diplomatic Affairs a
strategic plan to support United States leadership in science
and technology to facilitate intelligence missions; and
``(C) perform such other duties and exercise such powers as
the National Intelligence Director may prescribe.
``(j) Military Status of Director and Deputy Directors.--
(1) Not more than one of the individuals serving in the
positions specified in paragraph (2) may be a commissioned
officer of the Armed Forces in active status.
``(2) The positions referred to in this paragraph are the
following:
``(A) The National Intelligence Director.
``(B) The Deputy National Intelligence Director.
``(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals
serving in the positions specified in paragraph (2)--
``(A) be a commissioned officer of the Armed Forces, in
active status; or
``(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.
``(4) A commissioned officer of the Armed Forces, while
serving in a position specified in paragraph (2)--
``(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the
Department of Defense;
``(B) shall not exercise, by reason of the officer's status
as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the
Department of Defense except as otherwise authorized by law;
and
``(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of
such officer authorized for the military department of that
officer.
``(5) Except as provided in subparagraph (A) or (B) of
paragraph (4), the appointment of an officer of the Armed
Forces to a position specified in paragraph (2) shall not
affect the status, position, rank, or grade of such officer
in the Armed Forces, or any emolument, perquisite, right,
privilege, or benefit incident to or arising out of such
status, position, rank, or grade.
``(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph
(2), while serving in such position and while remaining on
active duty, shall continue to receive military pay and
allowances and shall not receive the pay prescribed for such
position. Funds from which such pay and allowances are paid
shall be reimbursed from funds available to the National
Intelligence Director.
``(k) National Intelligence Council.--(1) There is a
National Intelligence Council.
``(2)(A) 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.
``(B) 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.
``(3) The National Intelligence Council shall--
``(A) produce national intelligence estimates for the
United States Government, including alternative views held by
elements of the intelligence community;
``(B) evaluate 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.
``(4) 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.
``(5) Subject to the direction and control of the National
Intelligence Director, the National Intelligence Council may
carry out its responsibilities under this subsection by
contract, including contracts for substantive experts
necessary to assist the Council with particular assessments
under this subsection.
``(6) The National Intelligence Director shall make
available to the National Intelligence Council such personnel
as may be necessary to permit the Council to carry out its
responsibilities under this subsection.
``(7)(A) 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.
``(B) The Council shall be readily accessible to
policymaking officials and other appropriate individuals not
otherwise associated with the intelligence community.
``(8) 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.
``(l) General Counsel to the National Intelligence
Director.--(1) There is a General Counsel to the National
Intelligence Director.
``(2) The individual serving in the position of General
Counsel to the National Intelligence Director may not, while
so serving, also serve as the General Counsel of any other
agency or department of the United States.
``(3) The General Counsel to the National Intelligence
Director is the chief legal officer for the National
Intelligence Director.
``(4) The General Counsel to the National Intelligence
Director shall perform such functions as the National
Intelligence Director may prescribe.
``(m) Intelligence Community Information Technology
Officer.--(1) There is an Intelligence Community Information
Technology Officer who shall be appointed by the National
Intelligence Director.
``(2) The mission of the Intelligence Community Information
Technology Officer is to assist the National Intelligence
Director in ensuring the sharing of information in the
fullest and most prompt manner between and among elements of
the intelligence community consistent with section 102A(g).
``(3) The Intelligence Community Information Technology
Officer shall--
``(A) consult with the National Intelligence Director who
shall provide guidance to the heads of the department
containing elements of the intelligence community and heads
of the elements of the intelligence community as appropriate;
``(B) assist the Deputy National Intelligence Director for
Community Management and Resources in developing and
implementing the Information Sharing Environment (ISE)
established under section 1017 of the 9/11 Recommendations
Implementation Act;
``(C) develop an enterprise architecture for the
intelligence community and assist the National Intelligence
Director through the Deputy National Intelligence Director
for Community Management and Resources in ensuring that
elements of the intelligence community comply with such
architecture;
[[Page H8733]]
``(D) have procurement approval authority over all
enterprise architecture-related information technology items
funded in the National Intelligence Program;
``(E) ensure that all such elements have the most direct
and continuous electronic access to all information
(including unevaluated intelligence consistent with existing
laws and the guidelines referred to in section 102A(b))
necessary for appropriately cleared analysts to conduct
comprehensive all-source analysis and for appropriately
cleared policymakers to perform their duties--
``(i) directly, in the case of the elements of the
intelligence community within the National Intelligence
Program, and
``(ii) in conjunction with the Secretary of Defense and
other applicable heads of departments with intelligence
elements outside the National Intelligence Program;
``(F) review and provide recommendations to the Deputy
National Intelligence Director for Community Management and
Resources on National Intelligence Program budget requests
for information technology and national security systems;
``(G) assist the Deputy National Intelligence Director for
Community Management and Resources in promulgating and
enforcing standards on information technology and national
security systems that apply throughout the elements of the
intelligence community;
``(H) ensure that within and between the elements of the
National Intelligence Program, duplicative and unnecessary
information technology and national security systems are
eliminated; and
``(I) pursuant to the direction of the National
Intelligence Director, consult with the Director of the
Office of Management and Budget to ensure that the Office of
the National Intelligence Director coordinates and complies
with national security requirements consistent with
applicable law, Executive orders, and guidance; and
``(J) perform such other duties with respect to the
information systems and information technology of the Office
of the National Intelligence Director as may be prescribed by
the Deputy National Intelligence Director for Community
Management and Resources or specified by law.
``(n) Counterintelligence Officer to the National
Intelligence Director.--(1) There is a Counterintelligence
Officer to the National Intelligence Director who shall be
appointed by the National Intelligence Director.
``(2) The mission of the Counterintelligence Officer to the
National Intelligence Director is to assist the National
Intelligence Director in reducing the threats of disclosure
or loss of classified or sensitive information or penetration
of national intelligence functions that may be potentiated by
increased information sharing, enterprise architectures, or
other activities under this Act.
``(3) The Counterintelligence Officer to the National
Intelligence Director shall--
``(A) assist the Deputy National Intelligence Director for
Community Management and Resources in developing and
implementing counterintelligence policies for the functions
of the Office of the National Intelligence Director, in
consultation with the Associate National Intelligence
Directors;
``(B) ensure that policies under subparagraph (A) and the
implementation of those policies are coordinated with
counterintelligence activities of appropriate agencies and
elements of the National Intelligence Program, and with the
activities of the Intelligence Community Information Officer;
``(C) review resource requirements to support the mission
of the Counterintelligence Officer under this subsection and
make recommendations to the Deputy National Intelligence
Director for Community Management and Resources with respect
to those requirements; and
``(D) perform such other duties as the National
Intelligence Director shall prescribe.
``central intelligence agency
``Sec. 104. (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 104A(c).
``director of the Central Intelligence Agency
``Sec. 104A. (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. The Director shall be under the
authority, direction, and control of the National
Intelligence Director, except as otherwise determined by the
President.
``(b) Duties.--In the capacity as Director of the Central
Intelligence Agency, the Director of the Central Intelligence
Agency shall--
``(1) carry out the responsibilities specified in
subsection (c); and
``(2) serve as the head of the Central Intelligence Agency.
``(c) Responsibilities.--The Director of the Central
Intelligence Agency shall--
``(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the
Central Intelligence Agency shall have no police, subpoena,
or law enforcement powers or internal security functions;
``(2) provide overall direction for the collection of
national intelligence overseas or outside the United States
through human sources by elements of the intelligence
community authorized to undertake such collection and, in
coordination with other agencies of the Government which are
authorized to undertake such collection, ensure that the most
effective use is made of resources and that the risks to the
United States and those involved in such collection are
minimized;
``(3) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of
such intelligence;
``(4) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the National Intelligence Director determines can be
more efficiently accomplished centrally; and
``(5) perform such other functions and duties related to
intelligence affecting the national security as the President
or the National Intelligence Director may direct.
``(d) Deputy Director of the Central Intelligence Agency.--
There is a Deputy Director of the Central Intelligence Agency
who shall be appointed by the President. The Deputy Director
shall perform such functions as the Director may prescribe
and shall perform the duties of the Director during the
Director's absence or disability or during a vacancy in the
position of the Director of the Central Intelligence Agency.
``(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.''.
(b) First Director.--(1) When the Senate receives the
nomination of a person for the initial appointment by the
President for the position of National Intelligence Director,
it shall consider and dispose of such nomination within a
period of 30 legislative days.
(2) If the Senate does not dispose of such nomination
referred to in paragraph (1) within such period--
(A) Senate confirmation is not required; and
(B) the appointment of such nominee as National
Intelligence Director takes effect upon administration of the
oath of office.
(3) For the purposes of this subsection, the term
``legislative day'' means a day on which the Senate is in
session.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
``(5) The terms `national intelligence' and `intelligence
related to national security' refer to all intelligence,
regardless of the source from which derived and including
information gathered within or outside the United States,
that--
``(A) pertains, as determined consistent with any guidance
issued by the President, to more than one United States
Government agency; and
``(B) that involves--
``(i) threats to the United States, its people, property,
or interests;
``(ii) the development, proliferation, or use of weapons of
mass destruction; or
``(iii) any other matter bearing on United States national
or homeland security.''.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION
BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL
INTELLIGENCE AGENCY.
(a) Development of Procedures.--The National Intelligence
Director, in consultation with the Secretary of Defense and
the Director of the Central Intelligence Agency, shall
develop joint procedures to be used by the Department of
Defense and the Central Intelligence Agency to improve the
coordination and deconfliction of operations that involve
elements of both the Armed Forces and the Central
Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those
procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution,
and sustainment of operations, including, as a minimum--
(A) information exchange between senior officials of the
Central Intelligence Agency and senior officers and officials
of the Department of Defense when planning for such an
operation commences by either organization; and
(B) exchange of information between the Secretary and the
Director of the Central Intelligence Agency to ensure that
senior operational officials in both the Department of
Defense and the Central Intelligence Agency have knowledge of
the existence of the ongoing operations of the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting
separate missions in the same geographical area, mutual
[[Page H8734]]
agreement on the tactical and strategic objectives for the
region and a clear delineation of operational
responsibilities to prevent conflict and duplication of
effort.
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of the Act, the National
Intelligence Director shall submit to the congressional
defense committees (as defined in section 101 of title 10,
United States Code) and the congressional intelligence
committees (as defined in section 3(7) of the National
Security Act of 1947 (50 U.S.C. 401a(7))) a report describing
the procedures established pursuant to subsection (a) and the
status of the implementation of those procedures.
SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN
APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE
FOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403-6) is amended by striking all after the heading and
inserting the following:
``(a) Recommendation of NID in Certain Appointments.--(1)
In the event of a vacancy in a position referred to in
paragraph (2), the National Intelligence Director shall
recommend to the President an individual for nomination to
fill the vacancy.
``(2) Paragraph (1) applies to the following positions:
``(A) The Deputy National Intelligence Director.
``(B) The Director of the Central Intelligence Agency.
``(b) Concurrence of NID in Appointments to Positions in
the Intelligence Community.--(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 not fill the vacancy or make the
recommendation to the President (as the case may be). In the
case in which the National Intelligence Director does not
concur in such a recommendation, the Director and the head of
the department or agency concerned may advise the President
directly of the intention to withhold concurrence or to make
a recommendation, as the case may be.
``(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) Consultation With National Intelligence Director in
Certain Positions.--(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 consult with 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.
``(2) Paragraph (1) applies to the following positions:
``(A) The Director of the Defense Intelligence Agency.
``(B) The Assistant Secretary of State for Intelligence and
Research.
``(C) The Director of the Office of Intelligence of the
Department of Energy.
``(D) The Director of the Office of Counterintelligence of
the Department of Energy.
``(E) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
``(F) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation or successor.
``(G) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection.
``(H) The Deputy Assistant Commandant of the Coast Guard
for Intelligence.
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE
DIRECTOR.
(a) Initial Appointment of the National Intelligence
Director.--Notwithstanding section 102(a)(1) of the National
Security Act of 1947, as added by section 1011(a), the
individual serving as the Director of Central Intelligence on
the date immediately preceding the date of the enactment of
this Act may, at the discretion of the President, become the
initial National Intelligence Director.
(b) General References.--(1) Any reference to the Director
of Central Intelligence in the Director's capacity as the
head of the intelligence community in any law, regulation,
document, paper, or other record of the United States shall
be deemed to be a reference to the National Intelligence
Director.
(2) Any reference to the Director of Central Intelligence
in the Director's capacity as the head of the Central
Intelligence Agency in any law, regulation, document, paper,
or other record of the United States shall be deemed to be a
reference to the Director of the Central Intelligence Agency.
(3) Any reference to the Deputy Director of Central
Intelligence in the Deputy Director's capacity as deputy to
the head of the intelligence community in any law,
regulation, document, paper, or other record of the United
States shall be deemed to be a reference to the Deputy
National Intelligence Director.
(4) Any reference to 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 Deputy National
Intelligence Director for Community Management and Resources.
SEC. 1016. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5,
United States Code, is amended by adding the end the
following new item:
``National Intelligence Director.''.
(b) Executive Schedule Level II.--Section 5313 of title 5,
United States Code, is amended by adding at the end the
following new items:
``Deputy National Intelligence Director.
``Director of the National Counterterrorism Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5,
United States Code, is amended by striking the item relating
to the Assistant Directors of Central Intelligence.
SEC. 1017. INFORMATION SHARING.
(a) Findings.--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.
(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.
(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) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated
``need to know'' before sharing.
(5) The National Intelligence Director should pursue
setting an executable government-wide security mode policy of
``right-to-share,'' one based on a proven blend of both
integrity and access control models and supported by
applicable law. No single agency can create a meaningful
government-wide information sharing system on its own.
(b) Establishment of Information Sharing Environment.--The
President shall establish a secure information sharing
environment (ISE) for the sharing of intelligence and related
information in a manner consistent with national security and
the protection of privacy and civil liberties. The
information sharing environment (ISE) shall be based on
clearly defined and consistently applied policies and
procedures, and valid investigative, analytical, and
operational requirements.
Subtitle B--National Counterterrorism Center and Civil Liberties
Protections
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end
the following new section:
``national counterterrorism center
``Sec. 119. (a) Establishment of Center.--There is within
the Office of the National Intelligence Director a National
Counterterrorism Center.
``(b) Director of National Counterterrorism Center.--There
is a Director of the National Counterterrorism Center, who
shall be the head of the National Counterterrorism Center,
who shall be appointed by National Intelligence Director.
``(c) Supervision.--The Director of the National
Counterterrorism Center shall report to the National
Intelligence Director on--
``(1) the budget and programs of the National
Counterterrorism Center;
``(2) the activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (h);
``(3) the conduct of intelligence operations implemented by
other elements of the intelligence community; and
``(4) the planning and progress of joint counterterrorism
operations (other than intelligence operations).
The National Intelligence Director shall carry out this
section through the Deputy National Intelligence Director for
Operations.
``(d) Primary Missions.--The primary missions of the
National Counterterrorism Center shall be as follows:
``(1) To serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to terrorism and counterterrorism,
excepting intelligence pertaining exclusively to domestic
terrorists and domestic counterterrorism.
``(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of
national power, including diplomatic, financial, military,
intelligence, homeland security, and law enforcement
activities within and among agencies.
``(3) To assign roles and missions responsibilities as part
of the its strategic operational planning duties to lead
Departments or agencies, as appropriate, for counterterrorism
activities that are consistent with applicable law and that
support counterterrorism strategic plans, but shall not
direct the execution of any resulting operations.
``(4) To ensure that agencies, as appropriate, have access
to and receive all-source
[[Page H8735]]
intelligence support needed to execute their counterterrorism
plans or perform independent, alternative analysis.
``(5) To ensure that such agencies have access to and
receive intelligence needed to accomplish their assigned
activities.
``(6) To serve as the central and shared knowledge bank on
known and suspected terrorists and international terror
groups, as well as their goals, strategies, capabilities, and
networks of contacts and support.
``(e) Domestic Counterterrorism Intelligence.--(1) The
Center may, consistent with applicable law, the direction of
the President, and the guidelines referred to in section
102A(b), receive intelligence pertaining exclusively to
domestic counterterrorism from any Federal, State, or local
government or other source necessary to fulfill its
responsibilities and retain and disseminate such
intelligence.
``(2) Any agency authorized to conduct counterterrorism
activities may request information from the Center to assist
it in its responsibilities, consistent with applicable law
and the guidelines referred to in section 102A(b).
``(f) Duties and Responsibilities of Director.--The
Director of the National Counterterrorism Center shall--
``(1) serve as the principal adviser to the National
Intelligence Director on intelligence operations relating to
counterterrorism;
``(2) provide strategic guidance and plans for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration of
counterterrorism intelligence and operations across agency
boundaries, both inside and outside the United States;
``(3) advise the 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;
``(4) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice
President, the Secretaries of State, Defense, and Homeland
Security, the Attorney General, the Director of the Central
Intelligence Agency, and other officials of the executive
branch as appropriate, and to the appropriate committees of
Congress;
``(5) support the Department of Justice and the Department
of Homeland Security, and other appropriate agencies, in
fulfillment of their responsibilities to disseminate
terrorism information, consistent with applicable law,
guidelines referred to in section 102A(b), Executive Orders
and other Presidential guidance, to State and local
government officials, and other entities, and coordinate
dissemination of terrorism information to foreign governments
as approved by the National Intelligence Director;
``(6) consistent with priorities approved by the President,
assist the National Intelligence Director in establishing
requirements for the intelligence community for the
collection of terrorism information; and
``(7) perform such other duties as the National
Intelligence Director may prescribe or are prescribed by law.
``(g) Limitation.--The Director of the National
Counterterrorism Center may not direct the execution of
counterterrorism operations.
``(h) Resolution of Disputes.--The National Intelligence
Director shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency,
or element of the United States Government on designations,
assignments, plans, or responsibilities. The head of such a
department, agency, or element may appeal the resolution of
the disagreement by the National Intelligence Director to the
President.
``(i) Directorate of Intelligence.--The Director of the
National Counterterrorism Center shall establish and maintain
within the National Counterterrorism Center a Directorate of
Intelligence which shall have primary responsibility within
the United States Government for analysis of terrorism and
terrorist organizations (except for purely domestic terrorism
and domestic terrorist organizations) from all sources of
intelligence, whether collected inside or outside the United
States.
``(j) Directorate of Strategic Planning.--The Director of
the National Counterterrorism Center shall establish and
maintain within the National Counterterrorism Center a
Directorate of Strategic Planning which shall provide
strategic guidance and plans for counterterrorism operations
conducted by the United States Government.''.
(b) Clerical Amendment.--The table of sections for the
National Security Act of 1947 is amended by inserting after
the item relating to section 118 the following new item:
``Sec. 119. National Counterterrorism Center.''.
SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.
(a) Civil Liberties Protection Officer.--(1) Within the
Office of the National Intelligence Director, there is a
Civil Liberties Protection Officer who shall be appointed by
the National Intelligence Director.
(2) The Civil Liberties Protection Officer shall report
directly to the National Intelligence Director.
(b) Duties.--The Civil Liberties Protection Officer shall--
(1) ensure that the protection of civil liberties and
privacy is appropriately incorporated in the policies and
procedures developed for and implemented by the Office of the
National Intelligence Director and the elements of the
intelligence community within the National Intelligence
Program;
(2) oversee compliance by the Office and the National
Intelligence Director with requirements under the
Constitution and all laws, regulations, Executive orders, and
implementing guidelines relating to civil liberties and
privacy;
(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in
the administration of the programs and operations of the
Office and the National Intelligence Director and, as
appropriate, investigate any such complaint or information;
(4) ensure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(5) ensure that personal information contained in a system
of records subject to section 552a of title 5, United States
Code (popularly referred to as the `Privacy Act'), is handled
in full compliance with fair information practices as set out
in that section;
(6) conduct privacy impact assessments when appropriate or
as required by law; and
(7) perform such other duties as may be prescribed by the
National Intelligence Director or specified by law.
(c) Use of Agency Inspectors General.--When appropriate,
the Civil Liberties Protection Officer may refer complaints
to the Office of Inspector General having responsibility for
the affected element of the department or agency of the
intelligence community to conduct an investigation under
paragraph (3) of subsection (b).
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Establishment.--(1) There is hereby established a Joint
Intelligence Community Council.
(b) Functions.--(1) The Joint Intelligence Community
Council shall provide advice to the National Intelligence
Director as appropriate.
(2) The National Intelligence Director shall consult with
the Joint Intelligence Community Council in developing
guidance for the development of the annual National
Intelligence Program budget.
(c) Membership.--The Joint Intelligence Community Council
shall consist of the following:
(1) The National Intelligence Director, who shall chair the
Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officials of the executive branch as the
President may designate.
Subtitle D--Improvement of Human Intelligence (HUMINT)
SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL
COMPONENT OF THE INTELLIGENCE COMMUNITY.
It is a sense of Congress that--
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the face
of great personal dangers;
(2) during an extended period of unprecedented investment
and improvements in technical collection means, the human
intelligence capabilities of the United States have not
received the necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly
important capability to provide information on the asymmetric
threats to the national security of the United States;
(4) the continued development and improvement of a robust
and empowered and flexible human intelligence work force is
critical to identifying, understanding, and countering the
plans and intentions of the adversaries of the United States;
and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence
capabilities of the United States intelligence community must
be among the top priorities of the National Intelligence
Director.
SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.
Not later than 6 months after the date of the enactment of
this Act, the National Intelligence Director shall submit to
Congress a report on existing human intelligence (HUMINT)
capacity which shall include a plan to implement changes, as
necessary, to accelerate improvements to, and increase the
capacity of, HUMINT across the intelligence community.
Subtitle E--Improvement of Education for the Intelligence Community
SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS
UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General.--(1) Subsection (b)(2) of section 802 of
the David L. Boren National Security Education Act of 1991
(50 U.S.C. 1902) is amended to read as follows:
``(2) will meet the requirements for obligated service
described in subsection (j); and''.
(2) Such section is further amended by adding at the end
the following new subsection:
[[Page H8736]]
``(j) Requirements for Obligated Service in the
Government.--(1) Each recipient of a scholarship or a
fellowship under the program shall work in a specified
national security position. In this subsection, the term
`specified national security position' means a position of a
department or agency of the United States that the Secretary
certifies is appropriate to use the unique language and
region expertise acquired by the recipient pursuant to the
study for which scholarship or fellowship assistance (as the
case may be) was provided under the program.
``(2) Each such recipient shall commence work in a
specified national security position as soon as practicable
but in no case later than two years after the completion by
the recipient of the study for which scholarship or
fellowship assistance (as the case may be) was provided under
the program.
``(3) Each such recipient shall work in a specified
national security position for a period specified by the
Secretary, which period shall include--
``(A) in the case of a recipient of a scholarship, one year
of service for each year, or portion thereof, for which such
scholarship assistance was provided, and
``(B) in the case of a recipient of a fellowship, not less
than one nor more than three years for each year, or portion
thereof, for which such fellowship assistance was provided.
``(4) Recipients shall seek specified national security
positions as follows:
``(A) In the Department of Defense or in any element of the
intelligence community.
``(B) In the Department of State or in the Department of
Homeland Security, if the recipient demonstrates to the
Secretary that no position is available in the Department of
Defense or in any element of the intelligence community.
``(C) In any other Federal department or agency not
referred to in subparagraphs (A) and (B), if the recipient
demonstrates to the Secretary that no position is available
in a Federal department or agency specified in such
paragraphs.''.
(b) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out subsection (j) of section 802 of the
David L. Boren National Security Education Act of 1991, as
added by subsection (a). In prescribing such regulations, the
Secretary shall establish standards that recipients of
scholarship and fellowship assistance under the program under
section 802 of the David L. Boren National Security Education
Act of 1991 are required to demonstrate in order to satisfy
the requirement of a good faith effort to gain employment as
required under such subsection.
(c) Applicability.--(1) The amendments made by subsection
(a) shall apply with respect to service agreements entered
into under the David L. Boren National Security Education Act
of 1991 on or after the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not affect
the force, validity, or terms of any service agreement
entered into under the David L. Boren National Security
Education Act of 1991 before the date of the enactment of
this Act that is in force as of that date.
SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE
INITIATIVE.
(a) Increase in Annual Authorization of Appropriations.--
(1) Title VIII of the Intelligence Authorization Act for
Fiscal Year 1992 (Public Law 102-183; 105 Stat. 1271), as
amended by section 311(c) of the Intelligence Authorization
Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2037)
and by section 333(b) of the Intelligence Authorization Act
for Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2397), is
amended in subsection (a) of section 811 by striking ``there
is authorized to be appropriated to the Secretary for each
fiscal year, beginning with fiscal year 2003, $10,000,000,''
and inserting ``there is authorized to be appropriated to the
Secretary for each of fiscal years 2003 and 2004,
$10,000,000, and for fiscal year 2005 and each subsequent
fiscal year, $12,000,000,''.
(2) Subsection (b) of such section is amended by inserting
``for fiscal years 2003 and 2004 only'' after ``authorization
of appropriations under subsection (a)''.
(b) Requirement for Employment Agreements.--(1) Section
802(i) of the David L. Boren National Security Education Act
of 1991 (50 U.S.C. 1902(i)) is amended by adding at the end
the following new paragraph:
``(5)(A) In the case of an undergraduate or graduate
student that participates in training in programs under
paragraph (1), the student shall enter into an agreement
described in subsection (b), other than such a student who
has entered into such an agreement pursuant to subparagraph
(A)(ii) or (B)(ii) of section 802(a)(1).
``(B) In the case of an employee of an agency or department
of the Federal Government that participates in training in
programs under paragraph (1), the employee shall agree in
writing--
``(i) to continue in the service of the agency or
department of the Federal Government employing the employee
for the period of such training;
``(ii) to continue in the service of such agency or
department employing the employee following completion of
such training for a period of two years for each year, or
part of the year, of such training;
``(iii) to reimburse the United States for the total cost
of such training (excluding the employee's pay and
allowances) provided to the employee if, before the
completion by the employee of the training, the employment of
the employee by the agency or department is terminated due to
misconduct by the employee or by the employee voluntarily;
and
``(iv) to reimburse the United States if, after completing
such training, the employment of the employee by the agency
or department is terminated either by the agency or
department due to misconduct by the employee or by the
employee voluntarily, before the completion by the employee
of the period of service required in clause (ii), in an
amount that bears the same ratio to the total cost of the
training (excluding the employee's pay and allowances)
provided to the employee as the unserved portion of such
period of service bears to the total period of service under
clause (ii).
``(C) Subject to subparagraph (D), the obligation to
reimburse the United States under an agreement under
subparagraph (A) is for all purposes a debt owing the United
States.
``(D) The head of an element of the intelligence community
may release an employee, in whole or in part, from the
obligation to reimburse the United States under an agreement
under subparagraph (A) when, in the discretion of the head of
the element, the head of the element determines that equity
or the interests of the United States so require.''.
(2) The amendment made by paragraph (1) shall apply to
training that begins on or after the date that is 90 days
after the date of the enactment of this Act.
(c) Increase in the Number of Participating Educational
Institutions.--The Secretary of Defense shall take such steps
as the Secretary determines will increase the number of
qualified educational institutions that receive grants under
the National Flagship Language Initiative to establish,
operate, or improve activities designed to train students in
programs in a range of disciplines to achieve advanced levels
of proficiency in those foreign languages that the Secretary
identifies as being the most critical in the interests of the
national security of the United States.
(d) Clarification of Authority to Support Studies Abroad.--
Educational institutions that receive grants under the
National Flagship Language Initiative may support students
who pursue total immersion foreign language studies overseas
of foreign languages that are critical to the national
security of the United States.
SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH
LANGUAGE STUDIES FOR HERITAGE COMMUNITY
CITIZENS OF THE UNITED STATES WITHIN THE
NATIONAL SECURITY EDUCATION PROGRAM.
(a) Scholarship Program for English Language Studies for
Heritage Community Citizens of the United States.--(1)
Subsection (a)(1) of section 802 of the David L. Boren
National Security Education Act of 1991 (50 U.S.C. 1902) is
amended--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D)
and inserting ``; and''; and
(C) by adding at the end the following new subparagraph:
``(E) awarding scholarships to students who--
``(i) are United States citizens who--
``(I) are native speakers (commonly referred to as heritage
community residents) of a foreign language that is identified
as critical to the national security interests of the United
States who should be actively recruited for employment by
Federal security agencies with a need for linguists; and
``(II) are not proficient at a professional level in the
English language with respect to reading, writing, and
interpersonal skills required to carry out the national
security interests of the United States, as determined by the
Secretary,
to enable such students to pursue English language studies at
an institution of higher education of the United States to
attain proficiency in those skills; and
``(ii) enter into an agreement to work in a national
security position or work in the field of education in the
area of study for which the scholarship was awarded in a
similar manner (as determined by the Secretary) as agreements
entered into pursuant to subsection (b)(2)(A).''.
(2) The matter following subsection (a)(2) of such section
is amended--
(A) in the first sentence, by inserting ``or for the
scholarship program under paragraph (1)(E)'' after ``under
paragraph (1)(D) for the National Flagship Language
Initiative described in subsection (i)''; and
(B) by adding at the end the following: ``For the
authorization of appropriations for the scholarship program
under paragraph (1)(E), see section 812.''.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C.
1903(d)(4)(E)) is amended by inserting before the period the
following: ``and section 802(a)(1)(E) (relating to
scholarship programs for advanced English language studies by
heritage community residents)''.
(b) Funding.--The David L. Boren National Security
Education Act of 1991 (50 U.S.C. 1901 et seq.) is amended by
adding at the end the following new section:
``SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN
HERITAGE COMMUNITY RESIDENTS.
``There is authorized to be appropriated to the Secretary
for each fiscal year, beginning with fiscal year 2005,
$4,000,000, to carry out the scholarship programs for English
language studies by certain heritage community residents
under section 802(a)(1)(E).
[[Page H8737]]
SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND
EDUCATION FOR THE INTELLIGENCE COMMUNITY;
REPORTS.
(a) Sense of Congress.--It is the sense of Congress that
there should be within the Office of the National
Intelligence Director a senior official responsible to assist
the National Intelligence Director in carrying out the
Director's responsibilities for establishing policies and
procedure for foreign language education and training of the
intelligence community. The duties of such official should
include the following:
(1) Overseeing and coordinating requirements for foreign
language education and training of the intelligence
community.
(2) Establishing policy, standards, and priorities relating
to such requirements.
(3) Identifying languages that are critical to the
capability of the intelligence community to carry out
national security activities of the United States.
(4) Monitoring the allocation of resources for foreign
language education and training in order to ensure the
requirements of the intelligence community with respect to
foreign language proficiency are met.
(b) Reports.--Not later than one year after the date of the
enactment of this Act, the National Intelligence Director
shall submit to Congress the following reports:
(1) A report that identifies--
(A) skills and processes involved in learning a foreign
language; and
(B) characteristics and teaching techniques that are most
effective in teaching foreign languages.
(2)(A) A report that identifies foreign language heritage
communities, particularly such communities that include
speakers of languages that are critical to the national
security of the United States.
(B) For purposes of subparagraph (A), the term ``foreign
language heritage community'' means a community of residents
or citizens of the United States--
(i) who are native speakers of, or who have fluency in, a
foreign language; and
(ii) who should be actively recruited for employment by
Federal security agencies with a need for linguists.
(3) A report on--
(A) the estimated cost of establishing a program under
which the heads of elements of the intelligence community
agree to repay employees of the intelligence community for
any student loan taken out by that employee for the study of
foreign languages critical for the national security of the
United States; and
(B) the effectiveness of such a program in recruiting and
retaining highly qualified personnel in the intelligence
community.
SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE
INTELLIGENCE COMMUNITY.
(a) In General.--Title X of the National Security Act of
1947 (50 U.S.C.) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the
following:
``Subtitle A--Science and Technology'';
and
(2) by adding at the end the following new subtitles:
``Subtitle B--Foreign Languages Program
``program on advancement of foreign languages critical to the
intelligence community
``Sec. 1011. (a) Establishment of Program.--The Secretary
of Defense and the National Intelligence Director may jointly
establish a program to advance foreign languages skills in
languages that are critical to the capability of the
intelligence community to carry out national security
activities of the United States (hereinafter in this subtitle
referred to as the `Foreign Languages Program').
``(b) Identification of Requisite Actions.--In order to
carry out the Foreign Languages Program, the Secretary of
Defense and the National Intelligence Director shall jointly
determine actions required to improve the education of
personnel in the intelligence community in foreign languages
that are critical to the capability of the intelligence
community to carry out national security activities of the
United States to meet the long-term intelligence needs of the
United States.
``education partnerships
``Sec. 1012. (a) In General.--In carrying out the Foreign
Languages Program, the head of a department or agency
containing an element of an intelligence community entity may
enter into one or more education partnership agreements with
educational institutions in the United States in order to
encourage and enhance the study of foreign languages that are
critical to the capability of the intelligence community to
carry out national security activities of the United States
in educational institutions.
``(b) Assistance Provided Under Educational Partnership
Agreements.--Under an educational partnership agreement
entered into with an educational institution pursuant to this
section, the head of an element of an intelligence community
entity may provide the following assistance to the
educational institution:
``(1) The loan of equipment and instructional materials of
the element of the intelligence community entity to the
educational institution for any purpose and duration that the
head determines to be appropriate.
``(2) Notwithstanding any other provision of law relating
to transfers of surplus property, the transfer to the
educational institution of any computer equipment, or other
equipment, that is--
``(A) commonly used by educational institutions;
``(B) surplus to the needs of the entity; and
``(C) determined by the head of the element to be
appropriate for support of such agreement.
``(3) The provision of dedicated personnel to the
educational institution--
``(A) to teach courses in foreign languages that are
critical to the capability of the intelligence community to
carry out national security activities of the United States;
or
``(B) to assist in the development of such courses and
materials for the institution.
``(4) The involvement of faculty and students of the
educational institution in research projects of the element
of the intelligence community entity.
``(5) Cooperation with the educational institution in
developing a program under which students receive academic
credit at the educational institution for work on research
projects of the element of the intelligence community entity.
``(6) The provision of academic and career advice and
assistance to students of the educational institution.
``(7) The provision of cash awards and other items that the
head of the element of the intelligence community entity
determines to be appropriate.
``voluntary services
``Sec. 1013. (a) Authority To Accept Services.--
Notwithstanding section 1342 of title 31, United States Code,
and subject to subsection (b), the Foreign Languages Program
under section 1011 shall include authority for the head of an
element of an intelligence community entity to accept from
any individual who is dedicated personnel (as defined in
section 1016(3)) voluntary services in support of the
activities authorized by this subtitle.
``(b) Requirements and Limitations.--(1) In accepting
voluntary services from an individual under subsection (a),
the head of the element shall--
``(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee of
that element providing similar services; and
``(B) ensure that the individual is licensed, privileged,
has appropriate educational or experiential credentials, or
is otherwise qualified under applicable law or regulations to
provide such services.
``(2) In accepting voluntary services from an individual
under subsection (a), the head of an element of the
intelligence community entity may not--
``(A) place the individual in a policymaking position, or
other position performing inherently government functions; or
``(B) compensate the individual for the provision of such
services.
``(c) Authority To Recruit and Train Individuals Providing
Services.--The head of an element of an intelligence
community entity may recruit and train individuals to provide
voluntary services accepted under subsection (a).
``(d) Status of Individuals Providing Services.--(1)
Subject to paragraph (2), while providing voluntary services
accepted under subsection (a) or receiving training under
subsection (c), an individual shall be considered to be an
employee of the Federal Government only for purposes of the
following provisions of law:
``(A) Section 552a of title 5, United States Code (relating
to maintenance of records on individuals).
``(B) Chapter 11 of title 18, United States Code (relating
to conflicts of interest).
``(2)(A) With respect to voluntary services accepted under
paragraph (1) provided by an individual that are within the
scope of the services so accepted, the individual is deemed
to be a volunteer of a governmental entity or nonprofit
institution for purposes of the Volunteer Protection Act of
1997 (42 U.S.C. 14501 et seq.).
``(B) In the case of any claim against such an individual
with respect to the provision of such services, section 4(d)
of such Act (42 U.S.C. 14503(d)) shall not apply.
``(3) Acceptance of voluntary services under this section
shall have no bearing on the issuance or renewal of a
security clearance.
``(e) Reimbursement of Incidental Expenses.--(1) The head
of an element of the intelligence community entity may
reimburse an individual for incidental expenses incurred by
the individual in providing voluntary services accepted under
subsection (a). The head of an element of the intelligence
community entity shall determine which expenses are eligible
for reimbursement under this subsection.
``(2) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(f) Authority To Install Equipment.--(1) The head of an
element of the intelligence community may install telephone
lines and any necessary telecommunication equipment in the
private residences of individuals who provide voluntary
services accepted under subsection (a).
``(2) The head of an element of the intelligence community
may pay the charges incurred for the use of equipment
installed under paragraph (1) for authorized purposes.
``(3) Notwithstanding section 1348 of title 31, United
States Code, the head of an element of the intelligence
community entity may use appropriated funds or
nonappropriated funds of the element in carrying out this
subsection.
[[Page H8738]]
``regulations
``Sec. 1014. (a) In General.--The Secretary of Defense and
the National Intelligence Director jointly shall promulgate
regulations necessary to carry out the Foreign Languages
Program authorized under this subtitle.
``(b) Elements of the Intelligence Community.--Each head of
an element of an intelligence community entity shall
prescribe regulations to carry out sections 1012 and 1013
with respect to that element including the following:
``(1) Procedures to be utilized for the acceptance of
voluntary services under section 1013.
``(2) Procedures and requirements relating to the
installation of equipment under section 1013(g).
``Definitions
``Sec. 1015. In this subtitle:
``(1) The term `intelligence community entity' means an
agency, office, bureau, or element referred to in
subparagraphs (B) through (K) of section 3(4).
``(2) The term `educational institution' means--
``(A) a local educational agency (as that term is defined
in section 9101(26) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(26))),
``(B) an institution of higher education (as defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002) other than institutions referred to in subsection
(a)(1)(C) of such section), or
``(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are
critical to the capability of the intelligence community to
carry out national security activities of the United States.
``(3) The term `dedicated personnel' means employees of the
intelligence community and private citizens (including former
civilian employees of the Federal Government who have been
voluntarily separated, and members of the United States Armed
Forces who have been honorably discharged or generally
discharged under honorable circumstances, and rehired on a
voluntary basis specifically to perform the activities
authorized under this subtitle).
``Subtitle C--Additional Education Provisions
``assignment of intelligence community personnel as language students
``Sec. 1021. (a) In General.--(1) The National Intelligence
Director, acting through the heads of the elements of the
intelligence community, may provide for the assignment of
military and civilian personnel described in paragraph (2) as
students at accredited professional, technical, or other
institutions of higher education for training at the graduate
or undergraduate level in foreign languages required for the
conduct of duties and responsibilities of such positions.
``(2) Personnel referred to in paragraph (1) are personnel
of the elements of the intelligence community who serve in
analysts positions in such elements and who require foreign
language expertise required for the conduct of duties and
responsibilities of such positions.
``(b) Authority for Reimbursement of Costs of Tuition and
Training.--(1) The Director may reimburse an employee
assigned under subsection (a) for the total cost of the
training described in subsection (a), including costs of
educational and supplementary reading materials.
``(2) The authority under paragraph (1) shall apply to
employees who are assigned on a full-time or part-time basis.
``(3) Reimbursement under paragraph (1) may be made from
appropriated or nonappropriated funds.
``(c) Relationship to Compensation as an Analyst.--
Reimbursement under this section to an employee who is an
analyst is in addition to any benefits, allowances, travels,
or other compensation the employee is entitled to by reason
of serving in such an analyst position.''.
(b) Clerical Amendment.--The table of contents for the
National Security Act of 1947 is amended by striking the item
relating to section 1001 and inserting the following new
items:
``Subtitle A--Science and Technology
``Sec. 1001. Scholarships and work-study for pursuit of graduate
degrees in science and technology.
``Subtitle B--Foreign Languages Program
``Sec. 1011. Program on advancement of foreign languages critical to
the intelligence community.
``Sec. 1012. Education partnerships.
``Sec. 1013. Voluntary services.
``Sec. 1014. Regulations.
``Sec. 1015. Definitions.
``Subtitle C--Additional Education Provisions
``Sec. 1021. Assignment of intelligence community personnel as language
students.''.
SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.
(a) Pilot Project.--The National Intelligence Director
shall conduct a pilot project to establish a Civilian
Linguist Reserve Corps comprised of United States citizens
with advanced levels of proficiency in foreign languages who
would be available upon a call of the President to perform
such service or duties with respect to such foreign languages
in the Federal Government as the President may specify.
(b) Conduct of Project.--Taking into account the findings
and recommendations contained in the report required under
section 325 of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2393), in conducting
the pilot project under subsection (a) the National
Intelligence Director shall--
(1) identify several foreign languages that are critical
for the national security of the United States;
(2) identify United States citizens with advanced levels of
proficiency in those foreign languages who would be available
to perform the services and duties referred to in subsection
(a); and
(3) implement a call for the performance of such services
and duties.
(c) Duration of Project.--The pilot project under
subsection (a) shall be conducted for a three-year period.
(d) Authority To Enter Into Contracts.--The National
Intelligence Director may enter into contracts with
appropriate agencies or entities to carry out the pilot
project under subsection (a).
(e) Reports.--(1) The National Intelligence Director shall
submit to Congress an initial and a final report on the pilot
project conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the
success of the pilot project in carrying out the objectives
of the establishment of a Civilian Linguist Reserve Corps,
and recommendations for the continuation or expansion of the
pilot project.
(3) The final report shall be submitted not later than 6
months after the completion of the project.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the National Intelligence Director such
sums as are necessary for each of fiscal years 2005, 2006,
and 2007 in order to carry out the pilot project under
subsection (a).
SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL
VIRTUAL TRANSLATION CENTER.
(a) In General.--Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 1021(a),
is further amended by adding at the end the following new
section:
``national virtual translation center
``Sec. 120. (a) In General.--There is an element of the
intelligence community known as the National Virtual
Translation Center under the direction of the National
Intelligence Director.
``(b) Function.--The National Virtual Translation Center
shall provide for timely and accurate translations of foreign
intelligence for all other elements of the intelligence
community.
``(c) Facilitating Access to Translations.--In order to
minimize the need for a central facility for the National
Virtual Translation Center, the Center shall--
``(1) use state-of-the-art communications technology;
``(2) integrate existing translation capabilities in the
intelligence community; and
``(3) use remote-connection capacities.
``(d) Use of Secure Facilities.--Personnel of the National
Virtual Translation Center may carry out duties of the Center
at any location that--
``(1) has been certified as a secure facility by an agency
or department of the United States; and
``(2) the National Intelligence Director determines to be
appropriate for such purpose.''.
(b) Clerical Amendment.--The table of sections for that
Act, as amended by section 1021(b), is further amended by
inserting after the item relating to section 119 the
following new item:
``Sec. 120. National Virtual Translation Center.''.
SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED
INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.
(a) Study.--The Secretary of Defense shall conduct a study
on methods to improve the recruitment and retention of
qualified foreign language instructors at the Foreign
Language Center of the Defense Language Institute. In
conducting the study, the Secretary shall consider, in the
case of a foreign language instructor who is an alien, to
expeditiously adjust the status of the alien from a temporary
status to that of an alien lawfully admitted for permanent
residence.
(b) Report.--(1) Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the study conducted under subsection (a), and shall
include in that report recommendations for such changes in
legislation and regulation as the Secretary determines to be
appropriate.
(2) Definition.--In this subsection, the term ``appropriate
congressional committees'' means the following:
(A) The Select Committee on Intelligence and the Committee
on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
Subtitle F--Additional Improvements of Intelligence Activities
SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) Extension of Program.--Section 2 of the Central
Intelligence Agency Voluntary
[[Page H8739]]
Separation Pay Act (50 U.S.C. 403-4 note) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively.
(b) Termination of Funds Remittance Requirement.--(1)
Section 2 of such Act (50 U.S.C. 403-4 note) is further
amended by striking subsection (i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by
striking ``, or section 2 of the Central Intelligence Agency
Voluntary Separation Pay Act (Public Law 103-36; 107 Stat.
104)''.
SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES
PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402
note) is amended by adding at the end the following new
section:
``Sec. 19. (a) There is established the National Security
Agency Emerging Technologies Panel. The panel is a standing
panel of the National Security Agency. The panel shall be
appointed by, and shall report directly to, the Director.
``(b) The National Security Agency Emerging Technologies
Panel shall study and assess, and periodically advise the
Director on, the research, development, and application of
existing and emerging science and technology advances,
advances on encryption, and other topics.
``(c) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the National Security Agency
Emerging Technologies Panel.''.
SEC. 1063. SERVICE AND NATIONAL LABORATORIES AND THE
INTELLIGENCE COMMUNITY.
The National Intelligence Director, in cooperation with the
Secretary of Defense and the Secretary of Energy, should seek
to ensure that each service laboratory of the Department of
Defense and each national laboratory of the Department of
Energy may, acting through the relevant Secretary and in a
manner consistent with the missions and commitments of the
laboratory--
(1) assist the National Intelligence Director in all
aspects of technical intelligence, including research,
applied sciences, analysis, technology evaluation and
assessment, and any other aspect that the relevant Secretary
considers appropriate; and
(2) make available to the intelligence community, on a
community-wide basis--
(A) the analysis and production services of the service and
national laboratories, in a manner that maximizes the
capacity and services of such laboratories; and
(B) the facilities and human resources of the service and
national laboratories, in a manner that improves the
technological capabilities of the intelligence community.
SEC. 1064. IMPROVEMENT IN TRANSLATION AND DELIVERY OF
SUSPECTED TERRORIST COMMUNICATIONS.
(a) Requirement for Prompt Translation and Transmission.--
The National Intelligence Director shall develop and transmit
to the appropriate agencies guidelines to ensure that all
suspected terrorist communications, including transmissions,
are translated and delivered in a manner consistent with
timelines contained in regulations of the Federal Bureau of
Investigations to the extent practicable.
(b) Prevention of Deletion of Terrorist Communications.--
The National Intelligence Director shall take such steps as
are necessary to ensure that terrorist communications are not
deleted or discarded before those communications are
translated.
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF
NATIONAL INTELLIGENCE DIRECTOR AND DIRECTOR OF
THE CENTRAL INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place
it appears.
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(DD) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(EE) Section 603(a) (50 U.S.C. 423(a)).
(FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(GG) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(JJ) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(MM) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(OO) Section 1001(a) (50 U.S.C. 441g(a)).
(PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(SS) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following
provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place
it appears.
(3) That Act is further amended by striking ``Director''
each place it appears in the following provisions and
inserting ``National Intelligence Director'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking ``Director of Central Intelligence'' and
inserting ``National Intelligence Director, the Director of
the Central Intelligence Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of
the Central Intelligence Agency may be exempted by the
Director of Central Intelligence'' and inserting ``The
Director of the Central Intelligence Agency, with the
coordination of the National Intelligence Director, may
exempt operational files of the Central Intelligence
Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency and the National Intelligence Director''.
(7) The heading for section 114 of that Act (50 U.S.C.
404i) is amended to read as follows:
``additional annual reports from the national intelligence director''.
(b) Central Intelligence Agency Act of 1949.--(1) The
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(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)).
(3) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``Director of the Central
Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section
101 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2001) is amended by striking paragraph (2) and
inserting the following new paragraph (2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 2001 note) is amended to read
as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) is amended by striking ``Director of Central
Intelligence'' each place it appears and inserting ``National
Intelligence Director''.
[[Page H8740]]
(f) Classified Information Procedures Act.--Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is
amended by striking ``Director of Central Intelligence'' and
inserting ``National Intelligence Director''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359) is amended by striking
``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(2) Public law 107-306.--(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by
striking ``Director of Central Intelligence, acting as the
head of the intelligence community,'' each place it appears
in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
(ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iv) Section 904(h) (50 U.S.C. 402c(h)), each place it
appears.
(v) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended
by striking ``Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the
Central Intelligence Agency'' and inserting ``National
Intelligence Director shall establish within the Central
Intelligence Agency''.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is
amended by striking ``Director'' and inserting ``National
Intelligence Director''.
(3) Public law 108-177.--(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it
appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears
and inserting ``National Intelligence Director''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is
amended by striking ``Deputy Director of Central
Intelligence'' and inserting ``Deputy National Intelligence
Director''.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking ``section 103(c)(6) of this Act'' and
inserting ``section 102A(g) of this Act''.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking ``to the Deputy Director of Central
Intelligence, or with respect to employees of the Central
Intelligence Agency, the Director may delegate such authority
to the Deputy Director for Operations'' and inserting ``to
the Deputy National Intelligence Director, or with respect to
employees of the Central Intelligence Agency, to the Director
of the Central Intelligence Agency''.
(4) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking ``Office of the Deputy Director of
Central Intelligence'' and inserting ``Office of the National
Intelligence Director''.
(5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking ``Office of the Director of Central
Intelligence'' and inserting ``Office of the National
Intelligence Director''.
(6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking ``Assistant Director of Central
Intelligence for Administration'' and inserting ``Office of
the National Intelligence Director''.
(b) Central Intelligence Act of 1949.--Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is
amended by striking ``section 103(c)(7) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting
``section 102A(g) of the National Security Act of 1947''.
(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 102A(g) of the National Security Act
of 1947 (50 U.S.C. 403-3(c)(1)) that the National
Intelligence Director''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 50 U.S.C. 404n-2(c)) is amended by striking
``section 103(c)(6) of the National Security Act of 1947 (50
U.S.C. 403-3((c)(6))'' and inserting ``section 102A(g) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)(1))''.
(B) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking ``Office of the Director
of Central Intelligence'' and inserting ``Office of the
National Intelligence Director''; and
(ii) in subsection (l), by striking ``Office of the
Director of Central Intelligence'' and inserting ``Office of
the National Intelligence Director''.
(2) Public law 108-177.--Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177;
50 U.S.C. 403-3 note) is amended--
(A) in subsection (g), by striking ``Assistant Director of
Central Intelligence for Analysis and Production'' and
inserting ``Deputy National Intelligence Director''; and
(B) in subsection (h)(2)(C), by striking ``Assistant
Director'' and inserting ``Deputy National Intelligence
Director''.
SEC. 1073. 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 Office of the National Intelligence Director.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department of Defense for
the collection of specialized national intelligence through
reconnaissance programs.
``(H) The intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of the
Department of State.
``(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
``(K) The elements of the Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
``(L) Such other elements of any other department or agency
as may be designated by the President, or designated jointly
by the National Intelligence Director and the head of the
department or agency concerned, as an element of the
intelligence community.''.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE
PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a) is amended by
striking ``Foreign''.
(b) Conforming Amendments.--(1) Section 506(a) of the
National Security Act of 1947 (50 U.S.C. 415a(a)) is amended
by striking ``National Foreign Intelligence Program'' and
inserting ``National Intelligence Program''.
(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 Amendment.--The heading of section 506 of that
Act is amended by striking ``foreign''.
SEC. 1075. 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. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF
1947.
The table of contents for the National Security Act of 1947
is amended--
(1) by striking the items relating to sections 102 through
104 and inserting the following new items:
``Sec. 102. National Intelligence Director.
``Sec. 102A. Responsibilities and authorities of National Intelligence
Director.
``Sec. 103. Office of the National Intelligence Director.
``Sec. 104. Central Intelligence Agency.
``Sec. 104A. Director of the Central Intelligence Agency.''; and
(2) 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
(3) 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. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL
SERVICE OF THE DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as
paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central
Intelligence Agency; and''.
[[Page H8741]]
SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTECTIONS.
Section 17(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(a)(1)) is amended by inserting before
the semicolon at the end the following: ``and to programs and
operations of the Office of the National Intelligence
Director''.
SEC. 1079. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of
Intelligence Community.--Any reference to the Director of
Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of
the intelligence community in any law, regulation, document,
paper, or other record of the United States shall be deemed
to be a reference to the National Intelligence Director.
(b) Director of Central Intelligence as Head of CIA.--Any
reference to the Director of Central Intelligence or the
Director of the Central Intelligence Agency in the Director's
capacity as the head of the Central Intelligence Agency in
any law, regulation, document, paper, or other record of the
United States shall be deemed to be a reference to the
Director of the Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the
Community Management Staff in any law, regulation, document,
paper, or other record of the United States shall be deemed
to be a reference to the staff of the Office of the National
Intelligence Director.
SEC. 1080. APPLICATION OF OTHER LAWS.
(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 Office of the National Intelligence Director;
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 Office of the
National Intelligence Director, 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 Office of the National
Intelligence Director,'' before ``the Central Intelligence
Agency''.
Subtitle H--Transfer, Termination, Transition and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of
the National Intelligence Director the staff of the Community
Management Staff as of the date of the enactment of this Act,
including all functions and activities discharged by the
Community Management Staff as of that date.
(b) Administration.--The National Intelligence Director
shall administer the Community Management Staff after the
date of the enactment of this Act as a component of the
Office of the National Intelligence Director under section
103(b) of the National Security Act of 1947, as amended by
section 1011(a).
SEC. 1092. 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 119(i) of the
National Security Act of 1947, as added by section 1021(a).
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF
CENTRAL INTELLIGENCE.
(a) Termination.--The positions within the Central
Intelligence Agency referred to in subsection (b) are hereby
abolished.
(b) Covered Positions.--The positions within the Central
Intelligence Agency referred to in this subsection are as
follows:
(1) The Assistant Director of Central Intelligence for
Collection.
(2) The Assistant Director of Central Intelligence for
Analysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 1094. IMPLEMENTATION PLAN.
(a) Submission of Plan.--The President shall transmit to
Congress a plan for the implementation of this title and the
amendments made by this title. The plan shall address, at a
minimum, the following:
(1) The transfer of personnel, assets, and obligations to
the National Intelligence Director pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of
activities transferred to the National Intelligence Director
pursuant to this title.
(3) The establishment of offices within the Office of the
National Intelligence Director to implement the duties and
responsibilities of the National Intelligence Director as
described in this title.
(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations to be transferred to the National Intelligence
Director.
(5) Recommendations for additional legislative or
administrative action as the Director considers appropriate.
(b) Sense of Congress.--It is the sense of Congress that
the permanent location for the headquarters for the Office of
the National Intelligence Director, should be at a location
other than the George Bush Center for Intelligence in
Langley, Virginia.
SEC. 1095. TRANSITIONAL AUTHORITIES.
Upon the request of the National Intelligence Director, the
head of any executive agency may, on a reimbursable basis,
provide services or detail personnel to the National
Intelligence Director.
SEC. 1096. EFFECTIVE DATES.
(a) In General.--Except as otherwise expressly provided in
this Act, this title and the amendments made by this title
shall take effect on the date of the enactment of this Act.
(b) Specific Effective Dates.--(1)(A) Not later than 60
days after the date of the enactment of this Act, the
National Intelligence Director shall first appoint
individuals to positions within the Office of the National
Intelligence Director.
(B) Subparagraph (A) shall not apply with respect to the
Deputy National Intelligence Director.
(2) Not later than 180 days after the date of the enactment
of this Act, the President shall transmit to Congress the
implementation plan required under section 1904.
(3) Not later than one year after the date of the enactment
of this Act, the National Intelligence Director shall
prescribe regulations, policies, procedures, standards, and
guidelines required under section 102A of the National
Security Act of 1947, as amended by section 1011(a).
Subtitle I--Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY
EDUCATION SCHOOL SELECTION RATES FOR MILITARY
INTELLIGENCE OFFICERS.
(a) Study.--The Secretary of Defense shall conduct a study
of the promotion selection rates, and the selection rates for
attendance at professional military education schools, of
intelligence officers of the Armed Forces, particularly in
comparison to the rates for other officers of the same Armed
Force who are in the same grade and competitive category.
(b) Report.--The Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representatives
a report providing the Secretary's findings resulting from
the study under subsection (a) and the Secretary's
recommendations (if any) for such changes in law as the
Secretary considers needed to ensure that intelligence
officers, as a group, are selected for promotion, and for
attendance at professional military education schools, at
rates not less than the rates for all line (or the
equivalent) officers of the same Armed Force (both in the
zone and below the zone) in the same grade. The report shall
be submitted not later than April 1, 2005.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SEC. 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) In General.--Section 101(b)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1))
is amended by adding at the end the following new
subparagraph:
``(C) engages in international terrorism or activities in
preparation therefor; or''.
(b) Sunset.--The amendment made by subsection (a) shall be
subject to the sunset provision in section 224 of Public Law
107-56 (115 Stat. 295), including the exception provided in
subsection (b) of such section 224.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
SEC. 2021. SHORT TITLE.
This subtitle may be cited as the ``Stop Terrorist and
Military Hoaxes Act of 2004''.
SEC. 2022. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes.--Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the
following:
``Sec. 1038. False information and hoaxes
``(a) Criminal Violation.--
``(1) In general.--Whoever engages in any conduct with
intent to convey false or misleading information under
circumstances where such information may reasonably be
believed and where such information indicates that an
activity has taken, is taking, or will take place that would
constitute a violation of chapter 2, 10, 11B, 39, 40, 44,
111, or 113B of this title, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), or section 46502, the second
sentence of section 46504, section 46505 (b)(3) or (c),
section 46506 if homicide or attempted homicide is involved,
or section 60123(b) of title 49 shall--
``(A) be fined under this title or imprisoned not more than
5 years, or both;
[[Page H8742]]
``(B) if serious bodily injury results, be fined under this
title or imprisoned not more than 25 years, or both; and
``(C) if death results, be fined under this title or
imprisoned for any number of years up to life, or both.
``(2) Armed forces.--Whoever, without lawful authority,
makes a false statement, with intent to convey false or
misleading information, about the death, injury, capture, or
disappearance of a member of the Armed Forces of the United
States during a war or armed conflict in which the United
States is engaged, shall--
``(A) be fined under this title or imprisoned not more than
5 years, or both;
``(B) if serious bodily injury results, be fined under this
title or imprisoned not more than 25 years, or both; and
``(C) if death results, be fined under this title or
imprisoned for any number of years up to life, or both.
``(b) Civil Action.--Whoever knowingly engages in any
conduct with intent to convey false or misleading information
under circumstances where such information may reasonably be
believed and where such information indicates that an
activity has taken, is taking, or will take place that would
constitute a violation of chapter 2, 10, 11B, 39, 40, 44,
111, or 113B of this title, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), or section 46502, the second
sentence of section 46504, section 46505 (b)(3) or (c),
section 46506 if homicide or attempted homicide is involved,
or section 60123(b) of title 49 is liable in a civil action
to any party incurring expenses incident to any emergency or
investigative response to that conduct, for those expenses.
``(c) Reimbursement.--
``(1) In general.--The court, in imposing a sentence on a
defendant who has been convicted of an offense under
subsection (a), shall order the defendant to reimburse any
state or local government, or private not-for-profit
organization that provides fire or rescue service incurring
expenses incident to any emergency or investigative response
to that conduct, for those expenses.
``(2) Liability.--A person ordered to make reimbursement
under this subsection shall be jointly and severally liable
for such expenses with each other person, if any, who is
ordered to make reimbursement under this subsection for the
same expenses.
``(3) Civil judgment.--An order of reimbursement under this
subsection shall, for the purposes of enforcement, be treated
as a civil judgment.
``(d) Activities of Law Enforcement.--This section does not
prohibit any lawfully authorized investigative, protective,
or intelligence activity of a law enforcement agency of the
United States, a State, or political subdivision of a State,
or of an intelligence agency of the United States.''.
(b) Clerical Amendment.--The table of sections as the
beginning of chapter 47 of title 18, United States Code, is
amended by adding after the item for section 1037 the
following:
``1038. False information and hoaxes.''.
SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN
TERRORISM CASES.
(a) Enhanced Penalty.--Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United
States Code, are amended by striking ``be fined under this
title or imprisoned not more than 5 years, or both'' and
inserting ``be fined under this title, imprisoned not more
than 5 years or, if the matter relates to international or
domestic terrorism (as defined in section 2331), imprisoned
not more than 10 years, or both''.
(b) Sentencing Guidelines.--Not later than 30 days of the
enactment of this section, the United States Sentencing
Commission shall amend the Sentencing Guidelines to provide
for an increased offense level for an offense under sections
1001(a) and 1505 of title 18, United States Code, if the
offense involves a matter relating to international or
domestic terrorism, as defined in section 2331 of such title.
SEC. 2024. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``facility in'' and
inserting ``facility of''; and
(2) in subsection (b)(2), by inserting ``or foreign'' after
``interstate''.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act
of 2004
SEC. 2041. SHORT TITLE.
This subtitle may be cited as the ``Material Support to
Terrorism Prohibition Enhancement Act of 2004''.
SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by
adding after section 2339C the following new section:
``Sec. 2339D. Receiving military-type training from a foreign
terrorist organization
``(a) Offense.--Whoever knowingly receives military-type
training from or on behalf of any organization designated at
the time of the training by the Secretary of State under
section 219(a)(1) of the Immigration and Nationality Act as a
foreign terrorist organization shall be fined under this
title or imprisoned for ten years, or both. To violate this
subsection, a person must have knowledge that the
organization is a designated terrorist organization (as
defined in subsection (c)(4)), that the organization has
engaged or engages in terrorist activity (as defined in
section 212 of the Immigration and Nationality Act), or that
the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
``(b) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section. There is jurisdiction over an offense under
subsection (a) if--
``(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act)
or an alien lawfully admitted for permanent residence in the
United States (as defined in section 101(a)(20) of the
Immigration and Nationality Act);
``(2) an offender is a stateless person whose habitual
residence is in the United States;
``(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States;
``(4) the offense occurs in whole or in part within the
United States;
``(5) the offense occurs in or affects interstate or
foreign commerce;
``(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person
over whom jurisdiction exists under this paragraph to commit
an offense under subsection (a).
``(c) Definitions.--As used in this section--
``(1) the term `military-type training' includes training
in means or methods that can cause death or serious bodily
injury, destroy or damage property, or disrupt services to
critical infrastructure, or training on the use, storage,
production, or assembly of any explosive, firearm or other
weapon, including any weapon of mass destruction (as defined
in section 2232a(c)(2));
``(2) the term `serious bodily injury' has the meaning
given that term in section 1365(h)(3);
``(3) the term `critical infrastructure' means systems and
assets vital to national defense, national security, economic
security, public health or safety including both regional and
national infrastructure. Critical infrastructure may be
publicly or privately owned; examples of critical
infrastructure include gas and oil production, storage, or
delivery systems, water supply systems, telecommunications
networks, electrical power generation or delivery systems,
financing and banking systems, emergency services (including
medical, police, fire, and rescue services), and
transportation systems and services (including highways, mass
transit, airlines, and airports); and
``(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under
section 219(a)(1) of the Immigration and Nationality Act.''.
SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) Additions to Offense of Providing Material Support to
Terrorists.--Section 2339A(a) of title 18, United States
Code, is amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (3);
(3) by inserting after paragraph (1) as so designated by
this subsection the following:
``(2) (A) Whoever in a circumstance described in
subparagraph (B) provides material support or resources or
conceals or disguises the nature, location, source, or
ownership of material support or resources, knowing or
intending that they are to be used in preparation for, or in
carrying out, an act of international or domestic terrorism
(as defined in section 2331), or in preparation for, or in
carrying out, the concealment or escape from the commission
of any such act, or attempts or conspires to do so, shall be
punished as provided under paragraph (1) for an offense under
that paragraph.
``(B) The circumstances referred to in subparagraph (A) are
any of the following:
``(i) The offense occurs in or affects interstate or
foreign commerce.
``(ii) The act of terrorism is an act of international or
domestic terrorism that violates the criminal law of the
United States.
``(iii) The act of terrorism is an act of domestic
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government.
``(iv) An offender, acting within the United States or
outside the territorial jurisdiction of the United States, is
a national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act, an alien
lawfully admitted for permanent residence in the United
States (as defined in section 101(a)(20) of the Immigration
and Nationality Act , or a stateless person whose habitual
residence is in the United States, and the act of terrorism
is an act of international terrorism that appears to be
intended to influence the policy, or affect the conduct, of
the Government of the United States or a foreign government.
``(v) An offender, acting within the United States, is an
alien, and the act of terrorism is an act of international
terrorism that appears to be intended to influence the
policy, or affect the conduct, of the Government of the
United States or a foreign government.
``(vi) An offender, acting outside the territorial
jurisdiction of the United States, is an alien and the act of
terrorism is an act of international terrorism that appears
to be
[[Page H8743]]
intended to influence the policy of, or affect the conduct
of, the Government of the United States.
``(vii) An offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under this paragraph or conspires with any person
over whom jurisdiction exists under this paragraph to commit
an offense under this paragraph.''; and
(4) by inserting ``act or'' after ``underlying''.
(b) Definitions.--Section 2339A(b) of title 18, United
States Code, is amended--
(1) by striking ``In this'' and inserting ``(1) In this'';
(2) by inserting ``any property, tangible or intangible, or
service, including'' after ``means'';
(3) by inserting ``(one or more individuals who may be or
include oneself)'' after ``personnel'';
(4) by inserting ``and'' before ``transportation'';
(5) by striking ``and other physical assets''; and
(6) by adding at the end the following:
``(2) As used in this subsection, the term `training' means
instruction or teaching designed to impart a specific skill,
as opposed to general knowledge, and the term `expert advice
or assistance' means advice or assistance derived from
scientific, technical or other specialized knowledge.''.
(c) Addition to Offense of Providing Material Support to
Terrorist Organizations.--Section 2339B(a)(1) of title 18,
United States Code, is amended--
(1) by striking ``, within the United States or subject to
the jurisdiction of the United States,'' and inserting ``in a
circumstance described in paragraph (2)'' ; and
(2) by adding at the end the following: ``To violate this
paragraph, a person must have knowledge that the organization
is a designated terrorist organization (as defined in
subsection (g)(6)), that the organization has engaged or
engages in terrorist activity (as defined in section
212(a)(3)(B) of the Immigration and Nationality Act, or that
the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989.''.
(d) Federal Authority.--Section 2339B(d) of title 18 is
amended--
(1) by inserting ``(1)'' before ``There''; and
(2) by adding at the end the following:
``(2) The circumstances referred to in paragraph (1) are
any of the following:
``(A) An offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)) or an alien lawfully
admitted for permanent residence in the United States (as
defined in section 101(a)(20) of the Immigration and
Nationality Act.
``(B) An offender is a stateless person whose habitual
residence is in the United States.
``(C) After the conduct required for the offense occurs an
offender is brought into or found in the United States, even
if the conduct required for the offense occurs outside the
United States.
``(D) The offense occurs in whole or in part within the
United States.
``(E) The offense occurs in or affects interstate or
foreign commerce.
``(F) An offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an
offense under subsection (a) or conspires with any person
over whom jurisdiction exists under this paragraph to commit
an offense under subsection (a).''.
(e) Definition.--Paragraph (4) of section 2339B(g) of title
18, United States Code, is amended to read as follows:
``(4) the term `material support or resources' has the same
meaning given that term in section 2339A;''.
(f) Additional Provisions.--Section 2339B of title 18,
United States Code, is amended by adding at the end the
following:
``(h) Provision of Personnel.--No person may be prosecuted
under this section in connection with the term `personnel'
unless that person has knowingly provided, attempted to
provide, or conspired to provide a foreign terrorist
organization with one or more individuals (who may be or
include himself) to work under that terrorist organization's
direction or control or to organize, manage, supervise, or
otherwise direct the operation of that organization.
Individuals who act entirely independently of the foreign
terrorist organization to advance its goals or objectives
shall not be considered to be working under the foreign
terrorist organization's direction and control.
``(i) Rule of Construction.--Nothing in this section shall
be construed or applied so as to abridge the exercise of
rights guaranteed under the First Amendment to the
Constitution of the United States.''.
SEC. 2044. FINANCING OF TERRORISM.
(a) Financing Terrorism.--Section 2339c(c)(2) of title 18,
United States Code, is amended--
(1) by striking ``, resources, or funds'' and inserting
``or resources, or any funds or proceeds of such funds'';
(2) in subparagraph (A), by striking ``were provided'' and
inserting ``are to be provided, or knowing that the support
or resources were provided,''; and
(3) in subparagraph (B)--
(A) by striking ``or any proceeds of such funds''; and
(B) by striking ``were provided or collected'' and
inserting ``are to be provided or collected, or knowing that
the funds were provided or collected,''.
(b) Definitions.--Section 2339c(e) of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
``(13) the term `material support or resources' has the
same meaning given that term in section 2339B(g)(4) of this
title; and''.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of
2004
SEC. 2051. SHORT TITLE.
This subtitle may be cited as the ``Weapons of Mass
Destruction Prohibition Improvement Act of 2004''.
SEC. 2052. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope.--Section
2332a of title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as
follows:
``(2) against any person or property within the United
States, and
``(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
``(B) such property is used in interstate or foreign
commerce or in an activity that affects interstate or foreign
commerce;
``(C) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtherance of
the offense; or
``(D) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce;'';
(2) in paragraph (3) of subsection (a), by striking the
comma at the end and inserting ``; or'';
(3) in subsection (a), by adding the following at the end:
``(4) against any property within the United States that is
owned, leased, or used by a foreign government,'';
(4) at the end of subsection (c)(1), by striking``and'';
(5) in subsection (c)(2), by striking the period at the end
and inserting ``; and''; and
(6) in subsection (c), by adding at the end the following:
``(3) the term `property' includes all real and personal
property.''.
(b) Restoration of the Coverage of Chemical Weapons.--
Section 2332a of title 18, United States Code, as amended by
subsection (a), is further amended--
(1) in the section heading, by striking ``certain'';
(2) in subsection (a), by striking ``(other than a chemical
weapon as that term is defined in section 229F)''; and
(3) in subsection (b), by striking ``(other than a chemical
weapon (as that term is defined in section 229F))''.
(c) Expansion of Categories of Restricted Persons Subject
to Prohibitions Relating to Select Agents.--Section
175b(d)(2) of title 18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting ``(i)'' after ``(G)'';
(B) inserting ``, or (ii) acts for or on behalf of, or
operates subject to the direction or control of, a government
or official of a country described in this subparagraph''
after ``terrorism''; and
(C) striking ``or'' after the semicolon.
(2) in subparagraph (H) by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(I) is a member of, acts for or on behalf of, or operates
subject to the direction or control of, a terrorist
organization as defined in section 212(a)(3)(B)(vi) of the
Immigration and Nationality Act (8 U.S.C.
1182(a)(3)(B)(vi)).''.
(d) Conforming Amendment to Regulations.--
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ``as a select agent in Appendix A'' and
all that follows and inserting the following: ``as a non-
overlap or overlap select biological agent or toxin in
sections 73.4 and 73.5 of title 42, Code of Federal
Regulations, pursuant to section 351A of the Public Health
Service Act, and is not excluded under sections 73.4 and 73.5
or exempted under section 73.6 of title 42, Code of Federal
Regulations.''.
(2) The amendment made by paragraph (1) shall take effect
at the same time that sections 73.4, 73.5, and 73.6 of title
42, Code of Federal Regulations, become effective.
(e) Enhancing Prosecution of Weapons of Mass Destruction
Offenses.--Section 1961(1)(B) of title 18, United States
Code, is amended by adding at the end the following:
``sections 175-178 (relating to biological weapons), sections
229-229F (relating to chemical weapons), section 831
(relating to nuclear materials),''.
SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended by striking ``in the production of
any special nuclear material'' and inserting ``or participate
in the development or production of any special nuclear
material or atomic weapon''.
(b) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of chapter
39, by inserting after the item relating to section 831 the
following:
[[Page H8744]]
``832. Participation in nuclear and weapons of mass destruction threats
to the United States.'';
(2) by inserting after section 831 the following:
``Sec. 832. Participation in nuclear and weapons of mass
destruction threats to the United States
``(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in
or provides material support or resources (as defined in
section 2339A) to a nuclear weapons program or other weapons
of mass destruction program of a foreign terrorist power, or
attempts or conspires to do so, shall be imprisoned for not
more than 20 years.
``(b) There is extraterritorial Federal jurisdiction over
an offense under this section.
``(c) Whoever without lawful authority develops, possesses,
or attempts or conspires to develop or possess a radiological
weapon, or threatens to use or uses a radiological weapon
against any person within the United States, or a national of
the United States while such national is outside the United
States or against any property that is owned, leased, funded
or used by the United States, whether that property is within
or outside the United States, shall be imprisoned for any
term of years or for life, and if death results, shall be
punished by death or imprisoned for any term of years or for
life.
``(d) As used in this section--
``(1) `nuclear weapons program' means a program or plan for
the development, acquisition, or production of any nuclear
weapon or weapons;
``(2) `weapons of mass destruction program' means a program
or plan for the development, acquisition, or production of
any weapon or weapons of mass destruction (as defined in
section 2332a(c));
``(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the Immigration
and Nationality Act, or a state sponsor of terrorism
designated under section 6(j) of the Export Administration
Act of 1979 or section 620A of the Foreign Assistance Act of
1961; and
``(4) `nuclear weapon' means any weapon that contains or
uses nuclear material as defined in section 831(f)(1).''; and
(3) in section 2332b(g)(5)(B)(i), by inserting after
``nuclear materials),'' the following: ``832 (relating to
participation in nuclear and weapons of mass destruction
threats to the United States)''.
Subtitle E--Money Laundering and Terrorist Financing
CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST
FINANCING
SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States
Code, is amended----
(1) by striking ``appropriations.--There are authorized''
and inserting ``Appropriations.--
``(1) In general.--There are authorized''; and
(2) by adding at the end the following new paragraph:
``(2) Authorization for funding key technological
improvements in mission-critical fincen systems.--There are
authorized to be appropriated for fiscal year 2005 the
following amounts, which are authorized to remain available
until expended:
``(A) BSA direct.--For technological improvements to
provide authorized law enforcement and financial regulatory
agencies with Web-based access to FinCEN data, to fully
develop and implement the highly secure network required
under section 362 of Public Law 107-56 to expedite the filing
of, and reduce the filing costs for, financial institution
reports, including suspicious activity reports, collected by
FinCEN under chapter 53 and related provisions of law, and
enable FinCEN to immediately alert financial institutions
about suspicious activities that warrant immediate and
enhanced scrutiny, and to provide and upgrade advanced
information-sharing technologies to materially improve the
Government's ability to exploit the information in the FinCEN
databanks, $16,500,000.
``(B) Advanced analytical technologies.--To provide
advanced analytical tools needed to ensure that the data
collected by FinCEN under chapter 53 and related provisions
of law are utilized fully and appropriately in safeguarding
financial institutions and supporting the war on terrorism,
$5,000,000.
``(C) Data networking modernization.--To improve the
telecommunications infrastructure to support the improved
capabilities of the FinCEN systems, $3,000,000.
``(D) Enhanced compliance capability.--To improve the
effectiveness of the Office of Compliance in FinCEN,
$3,000,000.
``(E) Detection and prevention of financial crimes and
terrorism.--To provide development of, and training in the
use of, technology to detect and prevent financial crimes and
terrorism within and without the United States,
$8,000,000.''.
SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) Program.--Section 5341(a)(2) of title 31, United States
Code, is amended by striking ``and 2003,'' and inserting
``2003, and 2005,''.
(b) Reauthorization of Appropriations.--Section 5355 of
title 31, United States Code, is amended by adding at the end
the following:
$15,000,000............................................................
$15,000,000.''.........................................................
CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING
TERRORIST FINANCING
Subchapter A--Money laundering abatement and financial antiterrorism
technical corrections
SEC. 2111. SHORT TITLE.
This subchapter may be cited as the ``Money Laundering
Abatement and Financial Antiterrorism Technical Corrections
Act of 2004''.
SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is
amended to read as follows:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(b) The table of contents of Public Law 107-56 is amended
by striking the item relating to title III and inserting the
following new item:
``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL
ANTITERRORISM ACT OF 2001''.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma after
``movement of criminal funds'';
(2) in subsection (b)(7), by inserting ``or types of
accounts'' after ``classes of international transactions'';
and
(3) in subsection (b)(10), by striking ``subchapters II and
III'' and inserting ``subchapter II''.
(d) Section 303(a) of Public Law 107-56 is amended by
striking ``Anti-Terrorist Financing Act'' and inserting
``Financial Antiterrorism Act''.
(e) The heading for section 311 of Public Law 107-56 is
amended by striking ``or international transactions'' and
inserting ``international transactions, or types of
accounts''.
(f) Section 314 of Public Law 107-56 is amended--
(1) in paragraph (1)--
(A) by inserting a comma after ``organizations engaged
in''; and
(B) by inserting a comma after ``credible evidence of
engaging in'';
(2) in paragraph (2)(A)--
(A) by striking ``and'' after ``nongovernmental
organizations,''; and
(B) by inserting a comma after ``unwittingly involved in
such finances'';
(3) in paragraph (3)(A)--
(A) by striking ``to monitor accounts of'' and inserting
``monitor accounts of,''; and
(B) by striking the comma after ``organizations
identified''; and
(4) in paragraph (3)(B), by inserting ``financial'' after
``size, and nature of the''.
(g) Section 321 of Public Law 107-56 is amended by striking
``5312(2)'' and inserting ``5312(a)(2)''.
(h) Section 325 of Public Law 107-56 is amended by striking
``as amended by section 202 of this title,'' and inserting
``as amended by section 352,''.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public
Law 107-56 are each amended by inserting a period after
``December 31, 2001'' and striking all that follows through
the period at the end of each such subsection.
(j) Section 356(c)(4) of Public Law 107-56 is amended by
striking ``or business or other grantor trust'' and inserting
``, business trust, or other grantor trust''.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking ``Section 123(a)'' and inserting ``That
portion of section 123(a)'';
(2) by striking ``is amended to read'' and inserting ``that
precedes paragraph (1) of such section is amended to read'';
and
(3) by striking ``.'.'' at the end of such section and
inserting ``--' ''.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting ``the'' after
``utilization of the funds of''; and
(2) in subsection (b), by striking ``at such institutions''
and inserting ``at such institution''.
(m) Section 362(a)(1) of Public Law 107-56 is amended by
striking ``subchapter II or III'' and inserting ``subchapter
II''.
(n) Section 365 of Public Law 107--56 is amended --
(1) by redesignating the 2nd of the 2 subsections
designated as subsection (c) (relating to a clerical
amendment) as subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated
by subsection (n) of this section) is amended by striking
``section 5332 (as added by section 112 of this title)'' and
inserting ``section 5330''.
SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is
amended by striking ``the Network'' each place such term
appears and inserting ``FinCEN''.
(b) Section 5312(a)(3)(C) of title 31, United States Code,
is amended by striking ``sections 5333 and 5316'' and
inserting ``sections 5316 and 5331''.
(c) Section 5318(i) of title 31, United States Code, is
amended--
(1) in paragraph (3)(B), by inserting a comma after
``foreign political figure'' the 2nd place such term appears;
and
(2) in the heading of paragraph (4), by striking
``Definition'' and inserting ``Definitions''.
[[Page H8745]]
(d) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking ``section 5318A(f)(1)(B)'' and
inserting ``section 5318A(e)(1)(B)''.
(e) The heading for section 5318A of title 31, United
States Code, is amended to read as follows:
``Sec. 5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types of
accounts of primary money laundering concern''.
(f) Section 5318A of title 31, United States Code, is
amended--
(1) in subsection (a)(4)(A), by striking ``, as defined in
section 3 of the Federal Deposit Insurance Act,'' and
inserting `` (as defined in section 3 of the Federal Deposit
Insurance Act)'';
(2) in subsection (a)(4)(B)(iii), by striking ``or class of
transactions'' and inserting ``class of transactions, or type
of account'';
(3) in subsection (b)(1)(A), by striking ``or class of
transactions to be'' and inserting ``class of transactions,
or type of account to be''; and
(4) in subsection (e)(3), by inserting ``or subsection (i)
or (j) of section 5318'' after ``identification of
individuals under this section''.
(g) Section 5324(b) of title 31, United States Code, is
amended by striking ``5333'' each place such term appears and
inserting ``5331''.
(h) Section 5332 of title 31, United States Code, is
amended--
(1) in subsection (b)(2), by striking ``, subject to
subsection (d) of this section''; and
(2) in subsection (c)(1), by striking ``, subject to
subsection (d) of this section,''.
(i) The table of sections for subchapter II of chapter 53
of title 31, United States Code, is amended by striking the
item relating to section 5318A and inserting the following
new item:
``5318A. Special measures for jurisdictions, financial institutions,
international transactions, or types of accounts of
primary money laundering concern.''.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(w)(3)) is amended by inserting a comma after
``agent of such institution''.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1829b(a)(2)) is amended by striking ``recognizes
that'' and inserting ``recognizing that''.
(l) Section 626(e) of the Fair Credit Reporting Act (15
U.S.C. 1681v(e)) is amended by striking ``governmental
agency'' and inserting ``government agency''.
SEC. 2114. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking
section 303 (31 U.S.C. 5311 note).
SEC. 2115. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107-
56, the United States Code, the Federal Deposit Insurance
Act, and any other provision of law shall take effect as if
such amendments had been included in Public Law 107-56, as of
the date of the enactment of such Public Law, and no
amendment made by such Public Law that is inconsistent with
an amendment made by this subchapter shall be deemed to have
taken effect.
Subchapter B--Additional enforcement tools
SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECURITY
PRINTING.
(a) Production of Documents.--Section 5114(a) of title 31,
United States Code (relating to engraving and printing
currency and security documents), is amended--
(1) by striking ``(a) The Secretary of the Treasury'' and
inserting:
``(a) Authority to Engrave and Print.--
``(1) In general.--The Secretary of the Treasury''; and
(2) by adding at the end the following new paragraphs:
``(2) Engraving and printing for other governments.--The
Secretary of the Treasury may produce currency, postage
stamps, and other security documents for foreign governments
if--
``(A) the Secretary of the Treasury determines that such
production will not interfere with engraving and printing
needs of the United States; and
``(B) the Secretary of State determines that such
production would be consistent with the foreign policy of the
United States.
``(3) Procurement guidelines.--Articles, material, and
supplies procured for use in the production of currency,
postage stamps, and other security documents for foreign
governments pursuant to paragraph (2) shall be treated in the
same manner as articles, material, and supplies procured for
public use within the United States for purposes of title III
of the Act of March 3, 1933 (41 U.S.C. 10a et seq.; commonly
referred to as the Buy American Act).''.
(b) Reimbursement.--Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of
Engraving and Printing), is amended--
(1) in the first sentence, by inserting ``or to a foreign
government under section 5114'' after ``agency'';
(2) in the second sentence, by inserting ``and other''
after ``including administrative''; and
(3) in the last sentence, by inserting ``, and the
Secretary shall take such action, in coordination with the
Secretary of State, as may be appropriate to ensure prompt
payment by a foreign government of any invoice or statement
of account submitted by the Secretary with respect to
services rendered under section 5114'' before the period at
the end.
SEC. 2122. CONDUCT IN AID OF COUNTERFEITING.
(a) In General.--Section 474(a) of title 18, United States
Code, is amended by inserting after the paragraph beginning
``Whoever has in his control, custody, or possession any
plate'' the following:
`` Whoever, with intent to defraud, has in his custody,
control, or possession any material that can be used to make,
alter, forge or counterfeit any obligations and other
securities of the United States or any part of such
securities and obligations, except under the authority of the
Secretary of the Treasury; or''.
(b) Foreign Obligations and Securities.--Section 481 of
title 18, United States Code, is amended by inserting after
the paragraph beginning ``Whoever, with intent to defraud''
the following:
`` Whoever, with intent to defraud, has in his custody,
control, or possession any material that can be used to make,
alter, forge or counterfeit any obligation or other security
of any foreign government, bank or corporation; or''.
(c) Counterfeit Acts.--Section 470 of title 18, United
States Code, is amended by striking ``or 474'' and inserting
``474, or 474A''.
(d) Materials Used in Counterfeiting.--Section 474A(b) of
title 18, United States Code, is amended by striking ``any
essentially identical'' and inserting ``any thing or material
made after or in the similitude of any''.
SEC. 2123. REPORTING OF CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by
adding at the end the following new subsection:
``(n) Reporting of Cross-Border Transmittal of Funds.--
``(1) In general.--Subject to paragraph (3), the Secretary
shall prescribe regulations requiring such financial
institutions as the Secretary determines to be appropriate to
report to the Financial Crimes Enforcement Network certain
cross-border electronic transmittals of funds relevant to
efforts of the Secretary against money laundering and
terrorist financing.
``(2) Form and manner of reports.--In prescribing the
regulations required under paragraph (1), the Secretary shall
determine the appropriate form, manner, content and frequency
of filing of the required reports.
``(3) Feasibility report.--Before prescribing the
regulations required under paragraph (1), and as soon as is
practicable after the date of enactment of the 9/11
Recommendations Implementation Act, the Secretary shall
delegate to the Bank Secrecy Act Advisory Group established
by the Secretary the task of producing a report for the
Secretary and the Congress that--
``(A) identifies the information in cross-border electronic
transmittals of funds that is relevant to efforts against
money laundering and terrorist financing;
``(B) makes recommendations regarding the appropriate form,
manner, content and frequency of filing of the required
reports; and
``(C) identifies the technology necessary for the Financial
Crimes Enforcement Network to receive, keep, exploit and
disseminate information from reports of cross-border
electronic transmittals of funds to law enforcement and other
entities engaged in efforts against money laundering and
terrorist financing.
The report shall be submitted to the Secretary and the
Congress no later than the end of the 1-year period beginning
on the date of enactment of such Act.
``(4) Regulations.--
``(A) In general.--Subject to subparagraph (B), the
regulations required by paragraph (1) shall be prescribed in
final form by the Secretary, in consultation with the Board
of Governors of the Federal Reserve System, before the end of
the 3-year period beginning on the date of the enactment of
the 9/11 Recommendations Implementation Act.
``(B) Technological feasibility.--No regulations shall be
prescribed under this subsection before the Secretary
certifies to the Congress that the Financial Crimes
Enforcement Network has the technological systems in place to
effectively and efficiently receive, keep, exploit, and
disseminate information from reports of cross-border
electronic transmittals of funds to law enforcement and other
entities engaged in efforts against money laundering and
terrorist financing.
``(5) Recordkeeping.--No financial institution required to
submit reports on certain cross-border electronic
transmittals of funds to the Financial Crimes Enforcement
Network under this subsection shall be subject to the
recordkeeping requirement under section 21(b)(3) of the
Federal Deposit Insurance Act with respect to such
transmittals of funds.''.
SEC. 2124. ENHANCED EFFECTIVENESS OF EXAMINATIONS, INCLUDING
ANTI-MONEY LAUNDERING PROGRAMS.
(a) Depository Institutions and Depository Institution
Holding Companies.--Section 10 of the Federal Deposit
Insurance Act (12 U.S.C. 1820) is amended by adding at the
end the following new subsection:
``(k) Post-Employment Limitations on Leading Bank
Examiners.--
``(1) In general.--In the case of any person who--
[[Page H8746]]
``(A) was an officer or employee (including any special
Government employee) of a Federal banking agency or a Federal
reserve bank; and
``(B) served 2 or more months during the final 18 months of
such person's employment with such agency or entity as the
examiner-in-charge (or a functionally equivalent position) of
a depository institution or depository institution holding
company with dedicated, overall, continuous, and ongoing
responsibility for the examination (or inspection) and
supervision of that depository institution or depository
institution holding company,
such person may not hold any office, position, or employment
at any such depository institution or depository institution
holding company, become a controlling shareholder in, a
consultant for, a joint-venture partner with, or an
independent contractor for (including as attorney, appraiser,
or accountant) any such depository institution or holding
company, or any other company that controls such depository
institution, or otherwise participate in the conduct of the
affairs of any such depository institution or holding
company, during the 1-year period beginning on the date such
person ceases to be an officer or employee (including any
special Government employee) of the Federal banking agency or
Federal reserve bank.
``(2) Violators subject to industry-wide prohibition
orders.--
``(A) In general.--In addition to any other penalty which
may apply, whenever a Federal banking agency determines that
a person subject to paragraph (1) has violated the
prohibition in such paragraph by becoming associated with any
insured depository institution, depository institution
holding company, or other company for which such agency
serves as the appropriate Federal banking agency, the agency
shall serve a written notice or order, in accordance with and
subject to the provisions of section 8(e)(4) for written
notices or orders under paragraphs (1) or (2) of section
8(e), upon such person of the agency's intention to--
``(i) remove such person from office in any capacity
described in paragraph (1) for a period of 5 years; and
``(ii) prohibit any further participation by such person,
in any manner, in the conduct of the affairs of any insured
depository institution, depository institution holding
company, or other company that controls an insured depository
institution for a period of 5 years.
``(B) Scope of prohibition order.--Any person subject to an
order issued under this subsection shall be subject to
paragraphs (6) and (7) of section 8(e) in the same manner and
to the same extent as a person subject to an order issued
under such section and subsections (i) and (j) of section 8
and any other provision of this Act applicable to orders
issued under subsection (e) shall apply with respect to such
order.
``(3) Regulations.--
``(A) In general.--The Federal banking agencies shall
prescribe regulations to implement this subsection, to
determine which persons are referred to in paragraph (1)(B)
taking into account--
``(i) the manner in which examiners and other persons who
participate in the regulation, examination, or monitoring of
depository institutions or depository institution holding
companies are distributed among such institutions or
companies by such agency, including the number of examiners
and other persons assigned to each institution or holding
company, the depth and structure of any group so assigned
within such distribution, and the factors giving rise to that
distribution;
``(ii) the number of institutions or companies each such
examiner or other person is so involved with in any given
period of assignment;
``(iii) the period of time for which each such examiner or
other person is assigned to an institution or company, or a
group of institutions or companies, before reassignment;
``(iv) the size of the institutions or holding companies
for which each such person is responsible and the amount of
time devoted to each such institution or holding company
during each examination period; and
``(v) such other factors as the agency determines to be
appropriate.
``(B) Determination of applicability.--The regulations
prescribed or orders issued under this subparagraph by an
appropriate Federal banking agency shall include a process,
initiated by application or otherwise, for determining
whether any person who ceases to be, or intends to cease to
be, an examiner of insured depository institutions or
depository institution holding companies for or on behalf of
such agency is subject to the limitations of this subsection
with respect to any particular insured depository institution
or depository institution holding company.
``(C) Consultation.--The Federal banking agencies shall
consult with each other for the purpose of assuring that the
rules and regulations issued by the agencies under
subparagraph (A) are, to the extent possible, consistent,
comparable, and practicable, taking into account any
differences in the supervisory programs utilized by the
agencies for the supervision of depository institutions and
depository institution holding companies.
``(4) Waiver.--A Federal banking agency may waive, on a
case-by-case basis, the restrictions imposed by this
subsection if--
``(A) the head of the agency certifies in writing that the
grant of such waiver would not be inconsistent with the
public interest; and
``(B) the waiver is provided in advance before the person
becomes affiliated in any way with the depository
institution, depository institution holding company, or other
company.
``(5) Definitions and rules of construction.--For purposes
of this subsection, the following definitions and rules shall
apply:
``(A) Depository institution.--The term `depository
institution' includes an uninsured branch or agency of a
foreign bank if such branch or agency is located in any
State.
``(B) Depository institution holding company.--The term
`depository institution holding company' includes any foreign
bank or company described in section 8(a) of the
International Banking Act of 1978.
``(C) Head of the agency.--The term `the head of the
agency' means--
``(i) the Comptroller of the Currency, in the case of the
Office of the Comptroller of the Currency;
``(ii) the Chairman of the Board of Governors of the
Federal Reserve System, in the case of the Board of Governors
of the Federal Reserve System;
``(iii) the Chairperson of the Board of Directors, in the
case of the Federal Deposit Insurance Corporation; and
``(iv) the Director, in the case of the Office of Thrift
Supervision.
``(D) Rule of construction for consultants and independent
contractors.--A person shall be deemed to act as a consultant
or independent contractor (including as an attorney,
appraiser, or accountant) for a depository institution,
depository holding company, or other company only if such
person directly works on matters for, or on behalf of, such
depository institution, depository holding company, or other
company.
``(E) Appropriate agency for certain other companies.--The
term `appropriate Federal banking agency' means, with respect
to a company that is not a depository institution or
depository institution holding company, the Federal banking
agency on whose behalf the person described in paragraph (1)
performed the functions described in paragraph (1)(B), as
implemented by regulations prescribed under paragraph (3).''.
(b) Credit Unions.--Section 206 of the Federal Credit Union
Act (12 U.S.C. 1786) is amended by adding at the end the
following new subsection:
``(w) Post-Employment Limitations on Examiners.--
``(1) Regulations required.--The Board shall consult with
the Federal banking agencies and prescribe regulations
imposing the same limitations on persons employed by or on
behalf of the Board as leading examiners of, or functionally
equivalent positions with respect to, credit unions as are
applicable under section 10(k) of the Federal Deposit
Insurance Act, taking into account all the requirements and
factors described in paragraphs (3) and (4) of such section.
``(2) Enforcement.--The Board shall issue orders under
subsection (g) with respect to any person who violates any
regulation prescribed pursuant to paragraph (1) to--
``(A) remove such person from office in any capacity with
respect to a credit union; and
``(B) prohibit any further participation by such person, in
any manner, in the conduct of the affairs of any credit union
for a period of 5 years.
``(3) Scope of prohibition order.--Any person subject to an
order issued under this subsection shall be subject to
paragraphs (5) and (7) of subsection (g) in the same manner
and to the same extent as a person subject to an order issued
under such subsection and subsection (l) and any other
provision of this Act applicable to orders issued under
subsection (g) shall apply with respect to such order.''.
(c) Study of Examiner Hiring and Retention.--
(1) Study required.--The Board of Directors of the Federal
Deposit Insurance Corporation, the Comptroller of the
Currency, the Director of the Office of Thrift Supervision,
the Board of Governors of the Federal Reserve System, and the
National Credit Union Administration Board, acting through
the Financial Institutions Examination Council, shall conduct
a study of efforts and proposals for--
(A) retaining the services of experienced and highly
qualified examiners and supervisors already employed by such
agencies; and
(B) continuing to attract such examiners and supervisors on
an-ongoing basis to the extent necessary to fulfill the
agencies' obligations to maintain the safety and soundness of
the Nation's depository institutions.
(2) Report.--Before the end of the 1-year period beginning
on the date of the enactment of this Act, the agencies
conducting the study under paragraph (1) shall submit a
report containing the findings and conclusions of such
agencies with respect to such study, together with such
recommendations for administrative or legislative changes as
the agencies determine to be appropriate.
Subtitle F--Criminal History Background Checks
SEC. 2141. SHORT TITLE.
This subtitle may be cited as the ``Criminal History Access
Means Protection of Infrastructures and Our Nation Act''.
[[Page H8747]]
SEC. 2142. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) In General.--Section 534 of title 28, United States
Code, is amended by adding at the end the following:
``(f)(1) Under rules prescribed by the Attorney General,
the Attorney General shall, within 60 days after the date of
enactment, initiate a 180-day pilot program to establish and
maintain a system for providing to an employer criminal
history information that--
``(A) is in the possession of the Attorney General; and
``(B) is requested by an employer as part of an employee
criminal history investigation that has been authorized by
the State where the employee works or where the employer has
their principal place of business;
in order to ensure that a prospective employee is suitable
for certain employment positions.
``(2) The Attorney General shall require that an employer
seeking criminal history information of an employee request
such information and submit fingerprints or other biometric
identifiers as approved by the Attorney General to provide a
positive and reliable identification of such prospective
employee.
``(3) The Director of the Federal Bureau of Investigation
may require an employer to pay a reasonable fee for such
information.
``(4) Upon receipt of fingerprints or other biometric
identifiers, the Attorney General shall conduct an Integrated
Fingerprint Identification System of the Federal Bureau of
Investigation (IAFIS) check and provide the results of such
check to the requester.
``(5) As used in this subsection,
``(A) the term `criminal history information' and `criminal
history records' includes----
``(i) an identifying description of the individual to whom
it pertains;
``(ii) notations of arrests, detentions, indictments, or
other formal criminal charges pertaining to such individual;
and
``(iii) any disposition to a notation revealed in
subparagraph (B), including acquittal, sentencing,
correctional supervision, or release.
``(B) the term `Integrated Automated Fingerprint
Identification System of the Federal Bureau of Investigation
(IAFIS)' means the national depository for fingerprint,
biometric, and criminal history information, through which
fingerprints are processed electronically.
``(6) Nothing in this subsection shall preclude the
Attorney General from authorizing or requiring criminal
history record checks on individuals employed or seeking
employment in positions vital to the Nation's critical
infrastructure or key resources as those terms are defined in
section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)) and
section 2(9) of the Homeland Security Act of 2002 (6 U.S.C.
101(9)), if pursuant to a law or executive order.''.
(b) Report to Congress.--
(1) In general.--Not later than 60 days after the
conclusion of the pilot program, the Attorney General shall
report to the appropriate committees of Congress regarding
all statutory requirements for criminal history record checks
that are required to be conducted by the Department of
Justice or any of its components.
(2) Identification of information.--The Attorney General
shall identify the number of records requested, including the
type of information requested, usage of different terms and
definitions regarding criminal history information, and the
variation in fees charged for such information and who pays
such fees.
(3) Recommendations.--The Attorney General shall make
recommendations for consolidating the existing procedures
into a unified procedure consistent with that provided in
section 534(f) of title 28, United States Code, as amended by
this subtitle. In making the recommendations to Congress, the
Attorney General shall consider--
(A) the effectiveness of utilizing commercially available
databases as a supplement to IAFIS criminal history
information checks;
(B) the effectiveness of utilizing State databases as a
supplement to IAFIS criminal history information checks;
(C) any feasibility studies by the Department of Justice of
the FBI's resources and structure to establish a system to
provide criminal history information; and
(D) privacy rights and other employee protections to
include employee consent, access to the records used if
employment was denied, an appeal mechanism, and penalties for
misuse of the information.
SEC. 2143. PROTECT ACT.
Public law 108-21 is amended--
(1) in section 108(a)(2)(A) by striking ``an 18 month'' and
inserting ``a 30-month''; and
(2) in section 108(a)(3)(A) by striking ``an 18-month'' and
inserting ``a 30-month''.
SEC. 2144. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR
PRIVATE SECURITY OFFICER EMPLOYMENT.
(a) Short Title.--This section may be cited as the
``Private Security Officer Employment Authorization Act of
2004''.
(b) Findings.--Congress finds that--
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to,
but not a replacement for, public law enforcement by helping
to reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection
to such diverse operations as banks, hospitals, research and
development centers, manufacturing facilities, defense and
aerospace contractors, high technology businesses, nuclear
power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, office
complexes, schools, residential properties, apartment
complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public
areas, and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for
the protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,
including terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an
adjunct to sworn law enforcement officers; and
(9) private security officers and applicants for private
security officer positions should be thoroughly screen and
trained.
(c) Definitions.--In this Act:
(1) Employee.--The term ``employee'' includes both a
current employee and an applicant for employment as a private
security officer.
(2) Authorized employer.--The term ``authorized employer''
means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record
information search of an employee through a State
identification bureau pursuant to this section.
(3) Private security officer.--The term ``private security
officer'--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty is to
perform security services, full- or part-time, for
consideration, whether armed or unarmed and in uniform or
plain clothes (except for services excluded from coverage
under this Act if the Attorney General determines by
regulation that such exclusion would serve the public
interest); but
(B) does not include--
(i) employees whose duties are primarily internal audit or
credit functions;
(ii) employees of electronic security system companies
acting as technicians or monitors; or
(iii) employees whose duties primarily involve the secure
movement of prisoners.
(4) Security services.--The term ``security services''
means acts to protect people or property as defined by
regulations promulgated by the Attorney General.
(5) State identification bureau.--The term ``State
identification bureau'' means the State entity designated by
the Attorney General for the submission and receipt of
criminal history record information.
(d) Criminal History Record Information Search.--
(1) In general.--
(A) Submission of fingerprints.--An authorized employer may
submit to the State identification bureau of a participating
State, fingerprints or other means of positive
identification, as determined by the Attorney General, of an
employee of such employer for purposes of a criminal history
record information search pursuant to this Act.
(B) Employee rights.--
(i) Permission.--An authorized employer shall obtain
written consent from an employee to submit to the State
identification bureau of a participating State the request to
search the criminal history record information of the
employee under this Act.
(ii) Access.--An authorized employer shall provide to the
employee confidential access to any information relating to
the employee received by the authorized employer pursuant to
this Act.
(C) Providing information to the state identification
bureau.--Upon receipt of a request for a criminal history
record information search from an authorized employer
pursuant to this Act, submitted through the State
identification bureau of a participating State, the Attorney
General shall--
(i) search the appropriate records of the Criminal Justice
Information Services Division of the Federal Bureau of
Investigation; and
(ii) promptly provide any resulting identification and
criminal history record information to the submitting State
identification bureau requesting the information.
(D) Use of information.--
(i) In general.--Upon receipt of the criminal history
record information from the Attorney General by the State
identification bureau, the information shall be used only as
provided in clause (ii).
(ii) Terms.--In the case of--
(I) a participating State that has no State standards for
qualification to be a private security officer, the State
shall notify an authorized employer as to the fact of whether
an employee has been--
(aa) convicted of a felony, an offense involving dishonesty
or a false statement if the conviction occurred during the
previous 10 years, or an offense involving the use or
attempted use of physical force against the
[[Page H8748]]
person of another if the conviction occurred during the
previous 10 years; or
(bb) charged with a criminal felony for which there has
been no resolution during the preceding 365 days; or
(II) a participating State that has State standards for
qualification to be a private security officer, the State
shall use the information received pursuant to this Act in
applying the State standards and shall only notify the
employer of the results of the application of the State
standards.
(E) Frequency of requests.--An authorized employer may
request a criminal history record information search for an
employee only once every 12 months of continuous employment
by that employee unless the authorized employer has good
cause to submit additional requests.
(2) Regulations.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue such
final or interim final regulations as may be necessary to
carry out this Act, including--
(A) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction of
information and audits, and record keeping;
(B) standards for qualification as an authorized employer;
and
(C) the imposition of reasonable fees necessary for
conducting the background checks.
(3) Criminal penalties for use of information.--Whoever
knowingly and intentionally uses any information obtained
pursuant to this Act other than for the purpose of
determining the suitability of an individual for employment
as a private security officer shall be fined under title 18,
United States Code, or imprisoned for not more than 2 years,
or both.
(4) User fees.--
(A) In general.--The Director of the Federal Bureau of
Investigation may--
(i) collect fees to process background checks provided for
by this Act; and
(ii) establish such fees at a level to include an
additional amount to defray expenses for the automation of
fingerprint identification and criminal justice information
services and associated costs.
(B) Limitations.--Any fee collected under this subsection--
(i) shall, consistent with Public Law 101-515 and Public
Law 104-99, be credited to the appropriation to be used for
salaries and other expenses incurred through providing the
services described in such Public Laws and in subparagraph
(A);
(ii) shall be available for expenditure only to pay the
costs of such activities and services; and
(iii) shall remain available until expended.
(C) State costs.--Nothing in this Act shall be construed as
restricting the right of a State to assess a reasonable fee
on an authorized employer for the costs to the State of
administering this Act.
(5) State opt out.--A State may decline to participate in
the background check system authorized by this Act by
enacting a law or issuing an order by the Governor (if
consistent with State law) providing that the State is
declining to participate pursuant to this subsection.
SEC. 2145. TASK FORCE ON CLEARINGHOUSE FOR IAFIS CRIMINAL
HISTORY RECORDS.
Not later than 60 days after the date of enactment of this
Act, the Attorney General shall establish a task force to
examine the establishment of a national clearinghouse to
process IAFIS criminal history record requests received
directly from employers providing private security guard
services with respect to critical infrastructure (as defined
in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)))
and other private security guard services. Members of this
task force shall include representatives of the Department of
Justice and the Federal Bureau of Investigation, in
consultation with representatives of the security guard
industry. Not later than 90 days after the establishment of
the task force, the Attorney General shall submit to Congress
a report outlining how the national clearinghouse shall be
established, and specifying a date certain (within one year
of the enactment of this Act) by which the national
clearinghouse will begin operations.
SEC. 2146. CLARIFICATION OF PURPOSE.
The clearinghouse described in section 2145 shall only
process criminal history record requests pertaining to
employees or prospective employees of the private security
guard service making the request pursuant to that section.
Subtitle G--Protection of United States Aviation System From Terrorist
Attacks
SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER
TECHNOLOGY.
(a) Use of Biometric Technology.--Section 44903(h) of title
49, United States Code, is amended--
(1) in paragraph (4)(E) by striking ``may provide for'' and
inserting ``shall issue, not later than 120 days after the
date of enactment of paragraph (5), guidance for''; and
(2) by adding at the end the following:
``(5) Use of biometric technology in airport access control
systems.--In issuing guidance under paragraph (4)(E), the
Assistant Secretary of Homeland Security (Transportation
Security Administration), in consultation with the Attorney
General, representatives of the aviation industry, the
biometrics industry, and the National Institute of Standards
and Technology, shall establish, at a minimum--
``(A) comprehensive technical and operational system
requirements and performance standards for the use of
biometrics in airport access control systems (including
airport perimeter access control systems) to ensure that the
biometric systems are effective, reliable, and secure;
``(B) a list of products and vendors that meet such
requirements and standards;
``(C) procedures for implementing biometric systems--
``(i) to ensure that individuals do not use an assumed
identity to enroll in a biometric system; and
``(ii) to resolve failures to enroll, false matches, and
false non-matches; and
``(D) best practices for incorporating biometric technology
into airport access control systems in the most effective
manner, including a process to best utilize existing airport
access control systems, facilities, and equipment and
existing data networks connecting airports.
``(6) Use of biometric technology for law enforcement
officer travel.--
``(A) In general.--Not later than 120 days after the date
of enactment of this paragraph, the Assistant Secretary in
consultation with the Attorney General shall--
``(i) establish a law enforcement officer travel credential
that incorporates biometrics and is uniform across all
Federal, State, and local government law enforcement
agencies;
``(ii) establish a process by which the travel credential
will be used to verify the identity of a Federal, State, or
local government law enforcement officer seeking to carry a
weapon on board an aircraft, without unnecessarily disclosing
to the public that the individual is a law enforcement
officer;
``(iii) establish procedures--
``(I) to ensure that only Federal, State, and local
government law enforcement officers are issued the travel
credential;
``(II) to resolve failures to enroll, false matches, and
false non-matches relating to use of the travel credential;
and
``(III) to invalidate any travel credential that is lost,
stolen, or no longer authorized for use;
``(iv) begin issuance of the travel credential to each
Federal, State, and local government law enforcement officer
authorized by the Assistant Secretary to carry a weapon on
board an aircraft; and
``(v) take such other actions with respect to the travel
credential as the Secretary considers appropriate.
``(B) Funding.--There are authorized to be appropriated
such sums as may be necessary to carry out this paragraph.
``(7) Definitions.--In this subsection, the following
definitions apply:
``(A) Biometric information.--The term `biometric
information' means the distinct physical or behavioral
characteristics that are used for identification, or
verification of the identity, of an individual.
``(B) Biometrics.--The term `biometrics' means a technology
that enables the automated identification, or verification of
the identity, of an individual based on biometric
information.
``(C) Failure to enroll.--The term `failure to enroll'
means the inability of an individual to enroll in a biometric
system due to an insufficiently distinctive biometric sample,
the lack of a body part necessary to provide the biometric
sample, a system design that makes it difficult to provide
consistent biometric information, or other factors.
``(D) False match.--The term `false match' means the
incorrect matching of one individual's biometric information
to another individual's biometric information by a biometric
system.
``(E) False non-match.--The term `false non-match' means
the rejection of a valid identity by a biometric system.
``(F) Secure area of an airport.--The term `secure area of
an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).''.
(b) Funding for Use of Biometric Technology in Airport
Access Control Systems.--
(1) Grant authority.--Section 44923(a) of title 49, United
States Code, is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) for projects to implement biometric technologies in
accordance with guidance issued under section 44903(h)(4)(E);
and''.
(2) Authorization of appropriations.--Section 44923(i)(1)
of such title is amended by striking ``$250,000,000 for each
of fiscal years 2004 through 2007'' and inserting
``$250,000,000 for fiscal year 2004, $345,000,000 for fiscal
year 2005, and $250,000,000 for each of fiscal years 2006 and
2007''.
SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLANNING.
Section 44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
``(c) Transportation Security Strategic Planning.--
``(1) In general.--The Secretary of Homeland Security shall
prepare and update, as needed, a transportation sector
specific plan and transportation modal security plans in
accordance with this section.
[[Page H8749]]
``(2) Contents.--At a minimum, the modal security plan for
aviation prepared under paragraph (1) shall--
``(A) set risk-based priorities for defending aviation
assets;
``(B) select the most practical and cost-effective methods
for defending aviation assets;
``(C) assign roles and missions to Federal, State,
regional, and local authorities and to stakeholders;
``(D) establish a damage mitigation and recovery plan for
the aviation system in the event of a terrorist attack; and
``(E) include a threat matrix document that outlines each
threat to the United States civil aviation system and the
corresponding layers of security in place to address such
threat.
``(3) Reports.--Not later than 180 days after the date of
enactment of the subsection and annually thereafter, the
Secretary shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the plans prepared under paragraph
(1), including any updates to the plans. The report may be
submitted in a classified format.
``(d) Operational Criteria.--Not later than 90 days after
the date of submission of the report under subsection (c)(3),
the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue operational criteria to
protect airport infrastructure and operations against the
threats identified in the plans prepared under subsection
(c)(1) and shall approve best practices guidelines for
airport assets.''.
SEC. 2173. NEXT GENERATION AIRLINE PASSENGER PRESCREENING.
(a) In General.--Section 44903(j)(2) of title 49, United
States Code, is amended by adding at the end the following:
``(C) Next generation airline passenger prescreening.--
``(i) Commencement of testing.--Not later than November 1,
2004, the Assistant Secretary of Homeland Security
(Transportation Security Administration), or the designee of
the Assistant Secretary, shall commence testing of a next
generation passenger prescreening system that will allow the
Department of Homeland Security to assume the performance of
comparing passenger name records to the automatic selectee
and no fly lists, utilizing all appropriate records in the
consolidated and integrated terrorist watchlist maintained by
the Federal Government.
``(ii) Assumption of function.--Not later than 180 days
after completion of testing under clause (i), the Assistant
Secretary, or the designee of the Assistant Secretary, shall
assume the performance of the passenger prescreening function
of comparing passenger name records to the automatic selectee
and no fly lists and utilize all appropriate records in the
consolidated and integrated terrorist watchlist maintained by
the Federal Government in performing that function.
``(iii) Requirements.--In assuming performance of the
function under clause (i), the Assistant Secretary shall--
``(I) establish a procedure to enable airline passengers,
who are delayed or prohibited from boarding a flight because
the next generation passenger prescreening system determined
that they might pose a security threat, to appeal such
determination and correct information contained in the
system;
``(II) ensure that Federal Government databases that will
be used to establish the identity of a passenger under the
system will not produce a large number of false positives;
``(III) establish an internal oversight board to oversee
and monitor the manner in which the system is being
implemented;
``(IV) establish sufficient operational safeguards to
reduce the opportunities for abuse;
``(V) implement substantial security measures to protect
the system from unauthorized access;
``(VI) adopt policies establishing effective oversight of
the use and operation of the system; and
``(VII) ensure that there are no specific privacy concerns
with the technological architecture of the system.
``(iv) Passenger name records.--Not later than 60 days
after the completion of the testing of the next generation
passenger prescreening system, the Assistant Secretary shall
require air carriers to supply to the Assistant Secretary the
passenger name records needed to begin implementing the next
generation passenger prescreening system.
``(D) Screening of employees against watchlist.--The
Assistant Secretary of Homeland Security (Transportation
Security Administration), in coordination with the Secretary
of Transportation and the Administrator of the Federal
Aviation Administration, shall ensure that individuals are
screened against all appropriate records in the consolidated
and integrated terrorist watchlist maintained by the Federal
Government before--
``(i) being certificated by the Federal Aviation
Administration;
``(ii) being issued a credential for access to the secure
area of an airport; or
``(iii) being issued a credential for access to the air
operations area (as defined in section 1540.5 of title 49,
Code of Federal Regulations, or any successor regulation to
such section) of an airport.
``(E) Appeal procedures.--The Assistant Secretary shall
establish a timely and fair process for individuals
identified as a threat under subparagraph (D) to appeal the
determination and correct any erroneous information.
``(F) Definition.--In this paragraph, the term `secure area
of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).''.
(b) GAO Report.--
(1) In general.--Not later than 90 days after the date on
which the Assistant Secretary of Homeland Security
(Transportation Security Administration) assumes performance
of the passenger prescreening function under section
44903(j)(2)(C)(ii) of title 49, United States Code, the
Comptroller General shall submit to the appropriate
congressional committees a report on the assumption of such
function. The report may be submitted in a classified format.
(2) Contents.--The report under paragraph (1) shall
address--
(A) whether a system exists in the next generation
passenger prescreening system whereby aviation passengers,
determined to pose a threat and either delayed or prohibited
from boarding their scheduled flights by the Transportation
Security Administration, may appeal such a decision and
correct erroneous information;
(B) the sufficiency of identifying information contained in
passenger name records and any government databases for
ensuring that a large number of false positives will not
result under the next generation passenger prescreening
system in a significant number of passengers being treated as
a threat mistakenly or in security resources being diverted;
(C) whether the Transportation Security Administration
stress tested the next generation passenger prescreening
system;
(D) whether an internal oversight board has been
established in the Department of Homeland Security to monitor
the next generation passenger prescreening system;
(E) whether sufficient operational safeguards have been
established to prevent the opportunities for abuse of the
system;
(F) whether substantial security measures are in place to
protect the passenger prescreening database from unauthorized
access;
(G) whether policies have been adopted for the effective
oversight of the use and operation of the system;
(H) whether specific privacy concerns still exist with the
system; and
(I) whether appropriate life cycle cost estimates have been
developed, and a benefit and cost analysis has been
performed, for the system.
SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION
EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.
(a) Nonmetallic Weapons and Explosives.--In order to
improve security, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall give
priority to developing, testing, improving, and deploying
technology at screening checkpoints at airports that will
detect nonmetallic weapons and explosives on the person of
individuals, in their clothing, or in their carry-on baggage
or personal property and shall ensure that the equipment
alone, or as part of an integrated system, can detect under
realistic operating conditions the types of nonmetallic
weapons and explosives that terrorists would likely try to
smuggle aboard an air carrier aircraft.
(b) Strategic Plan for Deployment and Use of Explosive
Detection Equipment at Airport Screening Checkpoints.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary shall transmit
to the appropriate congressional committees a strategic plan
to promote the optimal utilization and deployment of
explosive detection systems at airports to screen individuals
and their carry-on baggage or personal property, including
walk-through explosive detection portals, document scanners,
shoe scanners, and any other explosive detection equipment
for use at a screening checkpoint. The plan may be
transmitted in a classified format.
(2) Contents.--The strategic plan shall include
descriptions of the operational applications of explosive
detection equipment at airport screening checkpoints, a
deployment schedule and quantities of equipment needed to
implement the plan, and funding needs for implementation of
the plan, including a financing plan that provides for
leveraging non-Federal funding.
SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST-RESISTANT
CARGO AND BAGGAGE CONTAINERS.
(a) In General.--Beginning not later than 180 days after
the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration)
shall carry out a pilot program to evaluate the use of blast-
resistant containers for cargo and baggage on passenger
aircraft to minimize the potential effects of detonation of
an explosive device.
(b) Incentives for Participation in Pilot Program.--
(1) In general.--As part of the pilot program, the
Assistant Secretary shall provide incentives to air carriers
to volunteer to test the use of blast-resistant containers
for cargo and baggage on passenger aircraft.
(2) Applications.--To volunteer to participate in the
incentive program, an air carrier
[[Page H8750]]
shall submit to the Assistant Secretary an application that
is in such form and contains such information as the
Assistant Secretary requires.
(3) Types of assistance.--Assistance provided by the
Assistant Secretary to air carriers that volunteer to
participate in the pilot program shall include the use of
blast-resistant containers and financial assistance to cover
increased costs to the carriers associated with the use and
maintenance of the containers, including increased fuel
costs.
(c) Report.--Not later than one year after the date of
enactment of this Act, the Assistant Secretary shall submit
to appropriate congressional committees a report on the
results of the pilot program.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000. Such
sums shall remain available until expended.
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.
The Transportation Security Administration shall develop
technology to better identify, track, and screen air cargo.
SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended
by adding at the end the following:
``(i) Checkpoint Screening Security Fund.--
``(1) Establishment.--There is established in the
Department of Homeland Security a fund to be known as the
`Checkpoint Screening Security Fund'.
``(2) Deposits.--In each of fiscal years 2005 and 2006,
after amounts are made available under section 44923(h), the
next $30,000,000 derived from fees received under subsection
(a)(1) shall be available to be deposited in the Fund.
``(3) Fees.--The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to
collect at least $30,000,000 in each of fiscal years 2005 and
2006 for deposit into the Fund.
``(4) Availability of amounts.--Amounts in the Fund shall
be available for the purchase, deployment, and installation
of equipment to improve the ability of security screening
personnel at screening checkpoints to detect explosives.''.
SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.
(a) Pilot Program.--The Transportation Security
Administration shall develop, not later than 120 days after
the date of enactment of this Act, and conduct a pilot
program to test, integrate, and deploy next generation
security checkpoint screening technology at not less than 5
airports in the United States.
(b) Human Factor Studies.--The Administration shall conduct
human factors studies to improve screener performance as part
of the pilot program under subsection (a).
SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT DOOR.
(a) Civil Penalty.--Section 46301(a) of title 49, United
States Code, is amended by adding at the end the following:
``(6) Penalty for failure to secure flight deck door.--Any
person holding a part 119 certificate under part of title 14,
Code of Federal Regulations, is liable to the Government for
a civil penalty of not more than $25,000 for each violation,
by the pilot in command of an aircraft owned or operated by
such person, of any Federal regulation that requires that the
flight deck door be closed and locked when the aircraft is
being operated.''.
(b) Technical Corrections.--
(1) Compromise and setoff for false information.--Section
46302(b)(1) of such title is amended by striking ``Secretary
of Transportation'' and inserting ``Secretary of Homeland
Security and, for a violation relating to section 46504, the
Secretary of Transportation,''.
(2) Carrying a weapon.--Section 46303 of such title is
amended--
(A) in subsection (b)(1) by striking ``Secretary of
Transportation'' and inserting ``Secretary of Homeland
Security''; and
(B) in subsection (c)(2) by striking ``Under Secretary of
Transportation for Security'' and inserting ``Secretary of
Homeland Security''.
(3) Administrative imposition of penalties.--Section
46301(d) of such title is amended--
(A) in the first sentence of paragraph (2) by striking
``46302, 46303,'' and inserting ``46302 (for a violation
relating to section 46504),'';
(B) in the second sentence of paragraph (2)--
(i) by striking ``Under Secretary of Transportation for
Security'' and inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``44909)'' and inserting ``44909), 46302
(except for a violation relating to section 46504), 46303,'';
(C) in each of paragraphs (2), (3), and (4) by striking
``Under Secretary or'' and inserting ``Secretary of Homeland
Security or''; and
(D) in paragraph (4)(A) by moving clauses (i), (ii), and
(iii) 2 ems to the left.
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.
The Director of the Federal Air Marshal Service of the
Department of Homeland Security shall continue to develop
operational initiatives to protect the anonymity of Federal
air marshals.
SEC. 2181. FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING.
(a) The Assistant Secretary for Immigration and Customs
Enforcement and the Director of Federal Air Marshal Service
of the Department of Homeland Security, in coordination with
the Assistant Secretary of Homeland Security (Transportation
Security Administration), shall make available appropriate
in-flight counterterrorism and weapons handling procedures
and tactics training to Federal law enforcement officers who
fly while on duty.
(b) The Assistant Secretary for Immigration and Customs
Enforcement and the Director of Federal Air Marshal Service
of the Department of Homeland Security, in coordination with
the Assistant Secretary of Homeland Security (Transportation
Security Administration), shall ensure that Transportation
Security Administration screeners and Federal Air Marshals
receive training in identifying fraudulent identification
documents, including fraudulent or expired Visas and
Passports. Such training shall also be made available to
other Federal law enforcement agencies and local law
enforcement agencies located in border states.
SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT
PROGRAM.
(a) In General.--Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall
implement a pilot program to allow pilots participating in
the Federal flight deck officer program to transport their
firearms on their persons. The Assistant Secretary may
prescribe any training, equipment, or procedures including
procedures for reporting of missing, lost or stolen firearms,
that the Assistant Secretary determines necessary to ensure
safety and maximize weapon retention.
(b) Review.--Not later than 1 year after the date of
initiation of the pilot program, the Assistant Secretary
shall conduct a review of the safety record of the pilot
program and transmit a report on the results of the review to
the appropriate congressional committees.
(c) Option.--If the Assistant Secretary as part of the
review under subsection (b) determines that the safety level
obtained under the pilot program is comparable to the safety
level determined under existing methods of pilots carrying
firearms on aircraft, the Assistant Secretary shall allow all
pilots participating in the Federal flight deck officer
program the option of carrying their firearm on their person
subject to such requirements as the Assistant Secretary
determines appropriate.
SEC. 2183. REGISTERED TRAVELER PROGRAM.
The Transportation Security Administration shall expedite
implementation of the registered traveler program.
SEC. 2184. WIRELESS COMMUNICATION.
(a) Study.--The Transportation Security Administration, in
consultation with the Federal Aviation Administration, shall
conduct a study to determine the viability of providing
devices or methods, including wireless methods, to enable a
flight crew to discreetly notify the pilot in the case of a
security breach or safety issue occurring in the cabin.
(b) Matters to Be Considered.--In conducting the study, the
Transportation Security Administration and the Federal
Aviation Administration shall consider technology that is
readily available and can be quickly integrated and
customized for use aboard aircraft for flight crew
communication.
(c) Report.--Not later than 180 days after the date of
enactment of this Act, the Transportation Security
Administration shall submit to the appropriate congressional
committees a report on the results of the study.
SEC. 2185. SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of enactment of this
Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall transmit to
the appropriate congressional committees a report on the
costs and benefits associated with the use of secondary
flight deck barriers and whether the use of such barriers
should be mandated for all air carriers. The Assistant
Secretary may transmit the report in a classified format.
SEC. 2186. EXTENSION.
Section 48301(a) of title 49, United States Code, is
amended by striking ``and 2005'' and inserting ``2005, and
2006''.
SEC. 2187. PERIMETER SECURITY.
(a) Report.--Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration), in
consultation with airport operators and law enforcement
authorities, shall develop and submit to the appropriate
congressional committee a report on airport perimeter
security. The report may be submitted in a classified format.
(b) Contents.--The report shall include--
(1) an examination of the feasibility of access control
technologies and procedures, including the use of biometrics
and other methods of positively identifying individuals prior
to entry into secure areas of airports, and provide best
practices for enhanced perimeter access control techniques;
and
(2) an assessment of the feasibility of physically
screening all individuals prior to entry into secure areas of
an airport and additional methods for strengthening the
background vetting process for all individuals credentialed
to gain access to secure areas of airports.
SEC. 2188. DEFINITIONS.
In this title, the following definitions apply:
[[Page H8751]]
(1) Appropriate congressional committee.--The term
``appropriate congressional committees'' means the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Air carrier.--The term ``air carrier'' has the meaning
such term has under section 40102 of title 49, United States
Code.
(3) Secure area of an airport.--The term ``secure area of
an airport'' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are
defined in section 1540.5 of title 49, Code of Federal
Regulations, or any successor regulation to such section).
Subtitle H--Other Matters
SEC. 2191. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments.--Rule 6(e) of the Federal Rules of
Criminal Procedure is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)(ii), by striking ``or state
subdivision or of an Indian tribe'' and inserting ``, state
subdivision, Indian tribe, or foreign government'';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the following:
``An attorney for the government may also disclose any grand-
jury matter involving a threat of actual or potential attack
or other grave hostile acts of a foreign power or an agent of
a foreign power, domestic or international sabotage, domestic
or international terrorism, or clandestine intelligence
gathering activities by an intelligence service or network of
a foreign power or by an agent of a foreign power, within the
United States or elsewhere, to any appropriate Federal,
State, state subdivision, Indian tribal, or foreign
government official for the purpose of preventing or
responding to such a threat.''; and
(ii) in clause (i)--
(I) by striking ``federal''; and
(II) by adding at the end the following: ``Any State, state
subdivision, Indian tribal, or foreign government official
who receives information under Rule 6(e)(3)(D) may use the
information only consistent with such guidelines as the
Attorney General and the National Intelligence Director shall
jointly issue.''; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively;
(ii) by inserting after clause (ii) the following:
``(iii) at the request of the government, when sought by a
foreign court or prosecutor for use in an official criminal
investigation;''; and
(iii) in clause (iv), as redesignated--
(I) by striking ``state or Indian tribal'' and inserting
``State, Indian tribal, or foreign''; and
(II) by striking ``or Indian tribal official'' and
inserting ``Indian tribal, or foreign government official'';
and
(2) in paragraph (7), by inserting ``, or of guidelines
jointly issued by the Attorney General and Director of
Central Intelligence pursuant to Rule 6,'' after ``Rule 6''.
(b) Conforming Amendment.--Section 203(c) of Public Law
107-56 (18 U.S.C. 2517 note) is amended by striking ``Rule
6(e)(3)(C)(i)(V) and (VI)'' and inserting ``Rule
6(e)(3)(D)''.
SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE
DATA SYSTEM.
(a) Findings.--The Congress finds as follows:
(1) The interoperable electronic data system know as the
``Chimera system'', and required to be developed and
implemented by section 202(a)(2) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1722(a)(2)), has not in any way been implemented.
(2) Little progress has been made since the enactment of
such Act with regard to establishing a process to connect
existing trusted systems operated independently by the
respective intelligence agencies.
(3) It is advisable, therefore, to assign such
responsibility to the National Intelligence Director.
(4) The National Intelligence Director should, pursuant to
the amendments made by subsection (c), begin systems planning
immediately upon assuming office to deliver an interim system
not later than 1 year after the date of the enactment of this
Act, and to deliver the fully functional Chimera system not
later than September 11, 2007.
(5) Both the interim system, and the fully functional
Chimera system, should be designed so that intelligence
officers, Federal law enforcement agencies (as defined in
section 2 of such Act (8 U.S.C. 1701)), operational counter-
terror support center personnel, consular officers, and
Department of Homeland Security enforcement officers have
access to them.
(b) Purposes.--The purposes of this section are as follows:
(1) To provide the National Intelligence Director with the
necessary authority and resources to establish both an
interim data system and, subsequently, a fully functional
Chimera system, to collect and share intelligence and
operational information with the intelligence community (as
defined in section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
(2) To require the National Intelligence Director to
establish a state-of-the-art Chimera system with both
biometric identification and linguistic capabilities
satisfying the best technology standards.
(3) To ensure that the National Intelligence Center will
have a fully functional capability, not later than September
11, 2007, for interoperable data and intelligence exchange
with the agencies of the intelligence community (as so
defined).
(c) Amendments.--
(1) In general.--Title II of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et seq.) is
amended--
(A) in section 202(a)--
(i) by amending paragraphs (1) and (2) to read as follows:
``(1) Interim interoperable intelligence data exchange
system.--Not later than 1 year after assuming office, the
National Intelligence Director shall establish an interim
interoperable intelligence data exchange system that will
connect the data systems operated independently by the
entities in the intelligence community and by the National
Counterterrorism Center, so as to permit automated data
exchange among all of these entities. Immediately upon
assuming office, the National Intelligence Director shall
begin the plans necessary to establish such interim system.
``(2) Chimera system.--Not later than September 11, 2007,
the National Intelligence Director shall establish a fully
functional interoperable law enforcement and intelligence
electronic data system within the National Counterterrorism
Center to provide immediate access to information in
databases of Federal law enforcement agencies and the
intelligence community that is necessary to identify
terrorists, and organizations and individuals that support
terrorism. The system established under this paragraph shall
referred to as the `Chimera system'. '';
(ii) in paragraph (3)--
(I) by striking ``President'' and inserting ``National
Intelligence Director''; and
(II) by striking ``the data system'' and inserting ``the
interim system described in paragraph (1) and the Chimera
system described in paragraph (2)'';
(iii) in paragraph (4)(A), by striking ``The data system''
and all that follows through ``(2),'' and inserting ``The
interim system described in paragraph (1) and the Chimera
system described in paragraph (2)'';
(iv) in paragraph (5)--
(I) in the matter preceding subparagraph (A), by striking
``data system under this subsection'' and inserting ``Chimera
system described in paragraph (2)'';
(II) in subparagraph (B), by striking ``and'' at the end;
(III) in subparagraph (C), by striking the period at the
end and inserting ``; and''; and
(IV) by adding at the end the following:
``(D) to any Federal law enforcement or intelligence
officer authorized to assist in the investigation,
identification, or prosecution of terrorists, alleged
terrorists, individuals supporting terrorist activities, and
individuals alleged to support terrorist activities. ''; and
(v) in paragraph (6)--
(I) by striking ``President'' and inserting ``National
Intelligence Director'';
(II) by striking ``the data system'' and all that follows
through ``(2),'' and inserting ``the interim system described
in paragraph (1) and the Chimera system described in
paragraph (2)'';
(B) in section 202(b)--
(i) in paragraph (1), by striking ``The interoperable'' and
all that follows through ``subsection (a)'' and inserting
``the Chimera system described in subsection (a)(2)'';
(ii) in paragraph (2), by striking ``interoperable
electronic database'' and inserting ``Chimera system
described in subsection (a)(2)''; and
(iii) by amending paragraph (4) to read as follows:
``(4) Interim reports.--Not later than 6 months after
assuming office, the National Intelligence Director shall
submit a report to the appropriate committees of Congress on
the progress in implementing each requirement of this
section.'';
(C) in section 204--
(i) by striking ``Attorney General'' each place such term
appears and inserting ``National Intelligence Director'';
(ii) in subsection (d)(1), by striking ``Attorney
General's'' and inserting ``National Intelligence
Director's''; and
(D) by striking section 203 and redesignating section 204
as section 203.
(2) Clerical amendment.--The table of contents for the
Enhanced Border Security and Visa Entry Reform Act of 2002 (8
U.S.C. 1701 et seq.) is amended--
(A) by striking the item relating to section 203; and
(B) by redesignating the item relating to section 204 as
relating to section 203.
SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States and to
meet the intelligence needs of the United States, Congress
makes the following findings:
(1) The Federal Bureau of Investigation has made
significant progress in improving its intelligence
capabilities.
(2) The Federal Bureau of Investigation must further
enhance and fully institutionalize its ability to prevent,
preempt, and disrupt terrorist threats to our homeland, our
people, our allies, and our interests.
(3) The Federal Bureau of Investigation must collect,
process, share, and disseminate, to the greatest extent
permitted by applicable law, to the President, the Vice
[[Page H8752]]
President, and other officials in the Executive Branch, all
terrorism information and other information necessary to
safeguard our people and advance our national and homeland
security interests.
(4) The Federal Bureau of Investigation must move towards
full and seamless coordination and cooperation with all other
elements of the Intelligence Community, including full
participation in, and support to, the National
Counterterrorism Center.
(5) The Federal Bureau of Investigation must strengthen its
pivotal role in coordination and cooperation with Federal,
State, tribal, and local law enforcement agencies to ensure
the necessary sharing of information for counterterrorism and
criminal law enforcement purposes.
(6) The Federal Bureau of Investigation must perform its
vital intelligence functions in a manner consistent with both
with national intelligence priorities and respect for privacy
and other civil liberties under the Constitution and laws of
the United States.
(b) Improvement of Intelligence Capabilities.--The Director
of the Federal Bureau of Investigation shall establish a
comprehensive intelligence program for--
(1) intelligence analysis, including recruitment and hiring
of analysts, analyst training, priorities and status for
analysis, and analysis performance measures;
(2) intelligence production, including product standards,
production priorities, information sharing and dissemination,
and customer satisfaction measures;
(3) production of intelligence that is responsive to
national intelligence requirements and priorities, including
measures of the degree to which each FBI headquarters and
field component is collecting and providing such
intelligence;
(4) intelligence sources, including source validation, new
source development, and performance measures;
(5) field intelligence operations, including staffing and
infrastructure, management processes, priorities, and
performance measures;
(6) full and seamless coordination and cooperation with the
other components of the Intelligence Community, consistent
with their responsibilities; and
(7) sharing of FBI intelligence and information across
Federal, state, and local governments, with the private
sector, and with foreign partners as provided by law or by
guidelines of the Attorney General.
(c) Intelligence Directorate.--The Director of the Federal
Bureau of Investigation shall establish an Intelligence
Directorate within the FBI. The Intelligence Directorate
shall have the authority to manage and direct the
intelligence operations of all FBI headquarters and field
components. The Intelligence Directorate shall have
responsibility for all components and functions of the FBI
necessary for--
(1) oversight of FBI field intelligence operations;
(2) FBI human source development and management;
(3) FBI collection against nationally-determined
intelligence requirements;
(4) language services;
(5) strategic analysis;
(6) intelligence program and budget management; and
(7) the intelligence workforce.
(d) National Security Workforce.--The Director of the
Federal Bureau of Investigation shall establish a
specialized, integrated intelligence cadre composed of
Special Agents, analysts, linguists, and surveillance
specialists in a manner which creates and sustains within the
FBI a workforce with substantial expertise in, and commitment
to, the intelligence mission of the FBI. The Director shall--
(1) ensure that these FBI employees may make their career,
including promotion to the most senior positions in the FBI,
within this career track;
(2) establish intelligence cadre requirements for--
(A) training;
(B) career development and certification;
(C) recruitment, hiring, and selection;
(D) integrating field intelligence teams; and
(E) senior level field management;
(3) establish intelligence officer certification
requirements, including requirements for training courses and
assignments to other intelligence, national security, or
homeland security components of the Executive branch, in
order to advance to senior operational management positions
in the FBI;
(4) ensure that the FBI's recruitment and training program
enhances its ability to attract individuals with educational
and professional backgrounds in intelligence, international
relations, language, technology, and other skills relevant to
the intelligence mission of the FBI;
(5) ensure that all Special Agents and analysts employed by
the FBI after the date of the enactment of this Act shall
receive basic training in both criminal justice matters and
intelligence matters;
(6) ensure that all Special Agents employed by the FBI
after the date of the enactment of this Act, to the maximum
extent practicable, be given an opportunity to undergo,
during their early service with the FBI, meaningful
assignments in criminal justice matters and in intelligence
matters;
(7) ensure that, to the maximum extent practical, Special
Agents who specialize in intelligence are afforded the
opportunity to work on intelligence matters over the
remainder of their career with the FBI; and
(8) ensure that, to the maximum extent practical, analysts
are afforded FBI training and career opportunities
commensurate with the training and career opportunities
afforded analysts in other elements of the intelligence
community.
(e) Field Office Matters.--The Director of the Federal
Bureau of Investigation shall take appropriate actions to
ensure the integration of analysis, Special Agents,
linguists, and surveillance personnel in FBI field
intelligence components and to provide effective leadership
and infrastructure to support FBI field intelligence
components. The Director shall--
(1) ensure that each FBI field office has an official at
the level of Assistant Special Agent in Charge or higher with
responsibility for the FBI field intelligence component; and
(2) to the extent practicable, provide for such expansion
of special compartmented information facilities in FBI field
offices as is necessary to ensure the discharge by the field
intelligence components of the national security and criminal
intelligence mission of the FBI.
(g) 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 FBI in order to organize the budget according to its
four main programs as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Criminal enterprise/Federal crimes.
(4) Criminal justice services.
(h) Reports.--
(1)(A) Not later than 180 days after the date of the
enactment of this Act, and every twelve months thereafter,
the Director of the Federal Bureau of Investigation shall
submit to Congress a report on the progress made as of the
date of such report in carrying out the requirements of this
section.
(B) The Director shall include in the first report required
by subparagraph (A) an estimate of the resources required to
complete the expansion of special compartmented information
facilities to carry out the intelligence mission of FBI field
intelligence components.
(2) In each annual report required by paragraph (1)(A) the
director shall include--
(A) a report on the progress made by each FBI field office
during the period covered by such review in addressing FBI
and national intelligence priorities;
(B) a report assessing the qualifications, status, and
roles of analysts at FBI headquarters and in FBI field
offices; and
(C) a report on the progress of the FBI in implementing
information-sharing principles.
(3) A report required by this subsection shall be
submitted--
(A) to each committee of Congress that has jurisdiction
over the subject matter of such report; and
(B) in unclassified form, but may include a classified
annex.
SEC. 2194. AUTHORIZATION AND CHANGE OF COPS PROGRAM TO SINGLE
GRANT PROGRAM.
(a) In General.--Section 1701 of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Grant Authorization.--The Attorney General shall
carry out a single grant program under which the Attorney
General makes grants to States, units of local government,
Indian tribal governments, other public and private entities,
and multi-jurisdictional or regional consortia for the
purposes described in subsection (b).'';
(2) by striking subsections (b) and (c);
(3) by redesignating subsection (d) as subsection (b), and
in that subsection--
(A) by striking ``Additional Grant Projects.--Grants made
under subsection (a) may include programs, projects, and
other activities to--'' and inserting ``Uses of Grant
Amounts.--The purposes for which grants made under subsection
(a) may be made are--'';
(B) by redesignating paragraphs (1) through (12) as
paragraphs (6) through (17), respectively;
(C) by inserting before paragraph (5) (as so redesignated)
the following new paragraphs:
``(1) rehire law enforcement officers who have been laid
off as a result of State and local budget reductions for
deployment in community-oriented policing;
``(2) hire and train new, additional career law enforcement
officers for deployment in community-oriented policing across
the Nation;
``(3) procure equipment, technology, or support systems, or
pay overtime, to increase the number of officers deployed in
community-oriented policing;
``(4) improve security at schools and on school grounds in
the jurisdiction of the grantee through--
``(A) placement and use of metal detectors, locks,
lighting, and other deterrent measures;
``(B) security assessments;
``(C) security training of personnel and students;
``(D) coordination with local law enforcement; and
``(E) any other measure that, in the determination of the
Attorney General, may provide a significant improvement in
security;
[[Page H8753]]
``(5) pay for officers hired to perform intelligence, anti-
terror, or homeland security duties exclusively;''; and
(D) by amending paragraph (9) (as so redesignated) to read
as follows:
``(8) develop new technologies, including interoperable
communications technologies, modernized criminal record
technology, and forensic technology, to assist State and
local law enforcement agencies in reorienting the emphasis of
their activities from reacting to crime to preventing crime
and to train law enforcement officers to use such
technologies;'';
(4) by redesignating subsections (e) through (k) as
subsections (c) through (i), respectively;
(5) in subsection (c) (as so redesignated) by striking
``subsection (i)'' and inserting ``subsection (g)''; and
(6) by adding at the end the following new subsection:
``(j) Matching Funds for School Security Grants.--
Notwithstanding subsection (i), in the case of a grant under
subsection (a) for the purposes described in subsection
(b)(4)--
``(1) the portion of the costs of a program provided by
that grant may not exceed 50 percent;
``(2) any funds appropriated by Congress for the activities
of any agency of an Indian tribal government or the Bureau of
Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the non-Federal share of
a matching requirement funded under this subsection; and
``(3) the Attorney General may provide, in the guidelines
implementing this section, for the requirement of paragraph
(1) to be waived or altered in the case of a recipient with a
financial need for such a waiver or alteration.''.
(b) Conforming Amendment.--Section 1702 of title I of such
Act (42 U.S.C. 3796dd-1) is amended in subsection (d)(2) by
striking ``section 1701(d)'' and inserting ``section
1701(b)''.
(c) Authorization of Appropriations.--Section 1001(a)(11)
of title I of such Act (42 U.S.C. 3793(a)(11)) is amended--
(1) in subparagraph (A) by striking clause (i) and all that
follows through the period at the end and inserting the
following:
``(i) $1,007,624,000 for fiscal year 2005;
``(ii) $1,027,176,000 for fiscal year 2006; and
``(iii) $1,047,119,000 for fiscal year 2007.''; and
(2) in subparagraph (B)--
(A) by striking ``section 1701(f)'' and inserting ``section
1701(d)''; and
(B) by striking the third sentence.
Subtitle I--Police Badges
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ``Badge Security
Enhancement Act of 2004'' .
SEC. 2202. POLICE BADGES.
Section 716 of title 18, United States Code, is amended in
subsection (b)--
(1) by striking paragraphs (2) and (4); and
(2) by redesignating paragraph (3) as paragraph (2).
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
CHAPTER 1--GENERAL PROVISIONS
SEC. 3001. ELIMINATING THE ``WESTERN HEMISPHERE'' EXCEPTION
FOR CITIZENS.
(a) In General.--
(1) In general.--Section 215(b) of the Immigration and
Nationality Act (8 U.S.C. 1185(b)) is amended to read as
follows:
``(b)(1) Except as otherwise provided in this subsection,
it shall be unlawful for any citizen of the United States to
depart from or enter, or attempt to depart from or enter, the
United States unless the citizen bears a valid United States
passport.
``(2) Subject to such limitations and exceptions as the
President may authorize and prescribe, the President may
waive the application of paragraph (1) in the case of a
citizen departing the United States to, or entering the
United States from, foreign contiguous territory.
``(3) The President, if waiving the application of
paragraph (1) pursuant to paragraph (2), shall require
citizens departing the United States to, or entering the
United States from, foreign contiguous territory to bear a
document (or combination of documents) designated by the
Secretary of Homeland Security under paragraph (4).
``(4) The Secretary of Homeland Security--
``(A) shall designate documents that are sufficient to
denote identity and citizenship in the United States such
that they may be used, either individually or in conjunction
with another document, to establish that the bearer is a
citizen or national of the United States for purposes of
lawfully departing from or entering the United States; and
``(B) shall publish a list of those documents in the
Federal Register.
``(5) A document or documents may not be designated under
paragraph (4) unless the Secretary of Homeland Security
determines that the document or documents adequately
identifies or identify the bearer as a citizen of the United
States. If a single document is designated, it must be a
document that may not be issued to an alien. In no event may
a combination of documents be accepted for this purpose
unless the Secretary of Homeland Security determines that at
least one of those documents could not be issued to an
alien.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on October 1, 2006.
(b) Interim Rule.--
(1) In general.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of Homeland
Security--
(A) shall designate documents that are sufficient to denote
identity and citizenship in the United States such that they
may be used, either individually or in conjunction with
another document, to establish that the bearer is a citizen
or national of the United States for purposes of lawfully
departing from or entering the United States; and
(B) shall publish a list of those documents in the Federal
Register.
(2) Limitation on presidential authority.--Beginning on the
date that is 90 days after the publication described in
paragraph (1)(B), the President, notwithstanding section
215(b) of the Immigration and Nationality Act (8 U.S.C.
1185(b)), may not exercise the President's authority under
such section so as to permit any citizen of the United States
to depart from or enter, or attempt to depart from or enter,
the United States from any country other than foreign
contiguous territory, unless the citizen bears a document (or
combination of documents) designated under paragraph (1)(A).
(3) Criteria for designation.--A document or documents may
not be designated under paragraph (1)(A) unless the Secretary
of Homeland Security determines that the document or
documents adequately identifies or identify the bearer as a
citizen of the United States. If a single document is
designated, it must be a document that may not be issued to
an alien (as defined in section 101(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3))). In no event may a
combination of documents be accepted for this purpose unless
the Secretary of Homeland Security determines that at least
one of those documents could not be issued to an alien (as so
defined).
(4) Effective date.--This subsection shall take effect on
the date of the enactment of this Act and shall cease to be
effective on September 30, 2006.
SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO
DOCUMENTATION REQUIREMENTS FOR NATIONALS OF
FOREIGN CONTIGUOUS TERRITORIES AND ADJACENT
ISLANDS.
(a) In General.--Section 212(d)(4) of the Immigration and
Nationality Act (8 U.S.C.1182(d)(4)) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security'';
(2) by striking ``on the basis of reciprocity'' and all
that follows through ``or (C)''; and
(3) by adding at the end the following:
``Either or both of the requirements of such paragraph may
also be waived by the Secretary of Homeland Security and the
Secretary of State, acting jointly and on the basis of
reciprocity, with respect to nationals of foreign contiguous
territory or of adjacent islands, but only if such nationals
are required, in order to be admitted into the United States,
to be in possession of identification deemed by the Secretary
of Homeland Security to be secure.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on December 31, 2006.
SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 2,000 the
number of positions for full-time active-duty border patrol
agents within the Department of Homeland Security above the
number of such positions for which funds were allotted for
the preceding fiscal year.
SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS
ENFORCEMENT INVESTIGATORS.
The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 800 the
number of positions for full-time active-duty investigators
within the Department of Homeland Security investigating
violations of immigration laws (as defined in section
101(a)(17) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(17)) above the number of such positions for which
funds were allotted for the preceding fiscal year. At least
half of these additional investigators shall be designated to
investigate potential violations of section 274A of the
Immigration and Nationality Act (8 U.S.C 1324a). Each State
shall be allotted at least 3 of these additional
investigators.
SEC. 3005. ALIEN IDENTIFICATION STANDARDS.
Section 211 of the Immigration and Nationality Act (8
U.S.C. 1181) is amended by adding at the end the following:
``(d) For purposes of establishing identity to any Federal
employee, an alien present in the United States may present
any document issued by the Attorney General or the Secretary
of Homeland Security under the authority of one of the
immigration laws (as defined in section 101(a)(17)), a
domestically issued document that the Secretary of Homeland
Security designates as reliable for this purpose and that
cannot be issued to an alien unlawfully present in the United
States, or an unexpired, lawfully issued foreign passport as
determined by the Secretary of State. Subject to the
limitations and exceptions in the immigration laws (as so
defined), no other document may be presented for such
purposes.''.
SEC. 3006. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i)
through (iii) and inserting the following:
[[Page H8754]]
``(i) In general.--If an immigration officer determines
that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States, or who has not
been admitted or paroled into the United States and has not
been physically present in the United States continuously for
the 5-year period immediately prior to the date of the
determination of inadmissibility under this paragraph, is
inadmissible under section 212(a)(6)(C) or 212(a)(7), the
officer shall order the alien removed from the United States
without further hearing or review, unless the alien indicates
an intention to apply for asylum under section 208 or a fear
of persecution and the officer determines that the alien has
been physically present in the United States for less than 1
year.
``(ii) Claims for asylum.--If an immigration officer
determines that an alien (other than an alien described in
subparagraph (F)) who is arriving in the United States, or
who has not been admitted or paroled into the United States
and has not been physically present in the United States
continuously for the 5-year period immediately prior to the
date of the determination of inadmissibility under this
paragraph, is inadmissible under section 212(a)(6)(C) or
212(a)(7), and the alien indicates either an intention to
apply for asylum under section 208 or a fear of persecution,
the officer shall refer the alien for an interview by an
asylum officer under subparagraph (B) if the officer
determines that the alien has been physically present in the
United States for less than 1 year.''.
SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.
(a) Conditions for Granting Asylum.--Section 208(b) of the
Immigration and Nationality Act (8 U.S.C. 1158(b)) is
amended--
(1) in paragraph (1), by striking ``The Attorney General''
and inserting the following:
``(A) Eligibility.--The Secretary of Homeland Security or
the Attorney General''; and
(2) by adding at the end the following:
``(B) Burden of proof.--
``(i) In general.--The burden of proof is on the applicant
to establish that the applicant is a refugee, within the
meaning of section 101(a)(42)(A).
``(ii) Special rule.--The applicant must establish that
race, religion, nationality, membership in a particular
social group, or political opinion was or will be the central
motive for persecuting the applicant if the applicant claims
that the applicant has been or would be subjected to
persecution because the applicant--
``(I) has been accused of being or is believed to be a
member of, or has been accused of supporting, a guerrilla,
militant, or terrorist organization; or
``(II) has been accused of engaging in or supporting
guerrilla, militant, or terrorist activities, or is believed
to have engaged in or supported such activities.
``(iii) Sustaining burden.--The testimony of the applicant
may be sufficient to sustain the applicant's burden without
corroboration, but only if it is credible, is persuasive, and
refers to specific facts that demonstrate that the applicant
is a refugee. Where the trier of fact finds that it is
reasonable to expect corroborating evidence for certain
alleged facts pertaining to the specifics of the applicant's
claim, such evidence must be provided unless a reasonable
explanation is given as to why such information is not
provided. It is reasonable to expect the applicant to provide
corroborating evidence if the applicant has, or has access
to, the evidence or could reasonably obtain the evidence
without departing from the United States.
``(iv) Credibility determination.--The credibility
determination of the trier of fact may be based, in addition
to other factors, on the demeanor, candor, or responsiveness
of the applicant or witness, the consistency between the
applicant's or witness's written and oral statements, whether
or not under oath, made at any time to any officer, agent, or
employee of the United States, the internal consistency of
each such statement, the consistency of such statements with
the country conditions in the country from which the
applicant claims asylum (as presented by the Department of
State) and any inaccuracies or falsehoods in such statements.
These factors may be considered individually or
cumulatively.''.
(b) Standard of Review for Orders of Removal.--Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C.
1252(b)(4)) is amended by adding after subparagraph (D) the
following flush language: ``No court shall reverse a
determination made by an adjudicator with respect to the
availability of corroborating evidence as described in
section 208(b)(1)(B), unless the court finds that a
reasonable adjudicator is compelled to conclude that such
corroborating evidence is unavailable.''.
(c) Effective Date.--The amendment made by subsection (b)
shall take effect upon the date of the enactment of this Act
and shall apply to cases in which the final administrative
removal order was issued before, on, or after the date of the
enactment of this Act.
SEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL
DOCUMENTATION.
(a) Limitation on Review.--Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended
by adding at the end the following: ``There shall be no means
of judicial review (including review pursuant to section 2241
of title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title) of a
revocation under this subsection, and no court shall have
jurisdiction to consider any claim challenging the validity
of such a revocation.''.
(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B))
is amended by striking ``United States is'' and inserting the
following: ``United States, or whose nonimmigrant visa (or
other documentation authorizing admission into the United
States as a nonimmigrant) has been revoked under section
221(i), is''.
(c) Revocation of Petitions.--Section 205 of the
Immigration and Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(2) by striking the final two sentences.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to revocations under sections 205 and 221(i)
of the Immigration and Nationality Act made before, on, or
after such date.
SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended--
(1) in subsection (a)--
(A) in paragraph (2)--
(i) in subparagraphs (A), (B), and (C), by inserting
``(statutory and nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas corpus
provision, and sections 1361 and 1651 of such title'' after
``Notwithstanding any other provision of law''; and
(ii) by adding at the end the following:
``(D) Judicial review of certain legal claims.--Nothing in
this paragraph shall be construed as precluding consideration
by the circuit courts of appeals of constitutional claims or
pure questions of law raised upon petitions for review filed
in accordance with this section. Notwithstanding any other
provision of law (statutory and nonstatutory), including
section 2241 of title 28, United States Code, or, except as
provided in subsection (e), any other habeas corpus
provision, and sections 1361 and 1651 of such title, such
petitions for review shall be the sole and exclusive means of
raising any and all claims with respect to orders of removal
entered or issued under any provision of this Act.''; and
(B) by adding at the end the following:
``(4) Claims under the united nations convention.--
Notwithstanding any other provision of law (statutory and
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title, a petition for review
by the circuit courts of appeals filed in accordance with
this section is the sole and exclusive means of judicial
review of claims arising under the United Nations Convention
Against Torture and Other Forms of Cruel, Inhuman, or
Degrading Treatment or Punishment.
``(5) Exclusive means of review.--The judicial review
specified in this subsection shall be the sole and exclusive
means for review by any court of an order of removal entered
or issued under any provision of this Act. For purposes of
this title, in every provision that limits or eliminates
judicial review or jurisdiction to review, the terms
`judicial review' and `jurisdiction to review' include habeas
corpus review pursuant to section 2241 of title 28, United
States Code, or any other habeas corpus provision, sections
1361 and 1651 of such title, and review pursuant to any other
provision of law.'';
(2) in subsection (b)--
(A) in paragraph (3)(B), by inserting ``pursuant to
subsection (f)'' after ``unless''; and
(B) in paragraph (9), by adding at the end the following:
``Except as otherwise provided in this subsection, no court
shall have jurisdiction, by habeas corpus under section 2241
of title 28, United States Code, or any other habeas corpus
provision, by section 1361 or 1651 of such title, or by any
other provision of law (statutory or nonstatutory), to hear
any cause or claim subject to these consolidation
provisions.'';
(3) in subsection (f)(2), by inserting ``or stay, by
temporary or permanent order, including stays pending
judicial review,'' after ``no court shall enjoin''; and
(4) in subsection (g), by inserting ``(statutory and
nonstatutory), including section 2241 of title 28, United
States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of such title'' after
``notwithstanding any other provision of law''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect upon the date of the enactment of this Act
and shall apply to cases in which the final administrative
removal order was issued before, on, or after the date of the
enactment of this Act.
(c) Transfer of Cases.--If an alien's case, brought under
section 2241 of title 28, United States Code, and challenging
a final administrative removal order, is pending in a
district court on the date of the enactment of this Act, then
the district court shall transfer the case (or part of the
case that challenges the removal order) to the court of
appeals for the circuit in which a petition for review could
have been properly filed under section 242 of the Immigration
and Nationality Act (8 U.S.C. 1252), as amended by this Act.
The court of appeals shall treat the transferred case as if
it had been brought pursuant to a petition for review under
such section 242.
[[Page H8755]]
CHAPTER 2--DEPORTATION OF TERRORISTS AND SUPPORTERS OF TERRORISM
SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON
REMOVAL.
(a) In General.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) in clause (iii), by striking ``or'';
(2) in clause (iv), by striking the period at the end and
inserting ``; or'';
(3) by inserting after clause (iv) the following:
``(v) the alien is described in subclause (I), (II), (III),
(IV), or (VI) of section 212(a)(3)(B)(i) or section
237(a)(4)(B), unless, in the case only of an alien described
in section 212(a)(3)(B)(i)(IV), the Secretary of Homeland
Security determines, in the Secretary's discretion, that
there are not reasonable grounds for regarding the alien as a
danger to the security of the United States.''; and
(4) by striking the last sentence.
(b) Exceptions.--Section 208(b)(2)(A)(v) of the Immigration
and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking ``inadmissible under'' each place such term
appears and inserting ``described in''; and
(2) by striking ``removable under''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to--
(1) removal proceedings instituted before, on, or after the
date of the enactment of this Act; and
(2) acts and conditions constituting a ground for
inadmissibility or removal occurring or existing before, on,
or after such date.
SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS
AND CRIMINALS.
(a) Regulations.--
(1) Revision deadline.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall revise the regulations prescribed by the
Secretary to implement the United Nations Convention Against
Torture and Other Forms of Cruel, Inhuman or Degrading
Treatment or Punishment, done at New York on December 10,
1984.
(2) Exclusion of certain aliens.--The revision--
(A) shall exclude from the protection of such regulations
aliens described in section 241(b)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by
this title), including rendering such aliens ineligible for
withholding or deferral of removal under the Convention; and
(B) shall ensure that the revised regulations operate so as
to--
(i) allow for the reopening of determinations made under
the regulations before the effective date of the revision;
and
(ii) apply to acts and conditions constituting a ground for
ineligibility for the protection of such regulations, as
revised, regardless of when such acts or conditions occurred.
(3) Burden of proof.--The revision shall also ensure that
the burden of proof is on the applicant for withholding or
deferral of removal under the Convention to establish by
clear and convincing evidence that he or she would be
tortured if removed to the proposed country of removal.
(b) Judicial Review.--Notwithstanding any other provision
of law, no court shall have jurisdiction to review the
regulations adopted to implement this section, and nothing in
this section shall be construed as providing any court
jurisdiction to consider or review claims raised under the
Convention or this section, except as part of the review of a
final order of removal pursuant to section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.
(a) In General.--Section 241(b) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)) is amended--
(1) in paragraph (1)--
(A) in each of subparagraphs (A) and (B), by striking the
period at the end and inserting ``unless, in the opinion of
the Secretary of Homeland Security, removing the alien to
such country would be prejudicial to the United States.'';
and
(B) by amending subparagraph (C) to read as follows:
``(C) Alternative countries.--If the alien is not removed
to a country designated in subparagraph (A) or (B), the
Secretary of Homeland Security shall remove the alien to--
``(i) the country of which the alien is a citizen, subject,
or national, where the alien was born, or where the alien has
a residence, unless the country physically prevents the alien
from entering the country upon the alien's removal there; or
``(ii) any country whose government will accept the alien
into that country.''; and
(2) in paragraph (2)--
(A) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(B) by amending subparagraph (D) to read as follows:
``(D) Alternative countries.--If the alien is not removed
to a country designated under subparagraph (A)(i), the
Secretary of Homeland Security shall remove the alien to a
country of which the alien is a subject, national, or
citizen, or where the alien has a residence, unless--
``(i) such country physically prevents the alien from
entering the country upon the alien's removal there; or
``(ii) in the opinion of the Secretary of Homeland
Security, removing the alien to the country would be
prejudicial to the United States.''; and
(C) by amending subparagraph (E)(vii) to read as follows:
``(vii) Any country whose government will accept the alien
into that country.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to any deportation, exclusion, or removal on
or after such date pursuant to any deportation, exclusion, or
removal order, regardless of whether such order is
administratively final before, on, or after such date.
CHAPTER 3--PREVENTING COMMERCIAL ALIEN SMUGGLING
SEC. 3041. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) Criminal Penalties.--Section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)) is amended by adding
at the end the following:
``(4) In the case of a person who has brought aliens into
the United States in violation of this subsection, the
sentence otherwise provided for may be increased by up to 10
years if--
``(A) the offense was part of an ongoing commercial
organization or enterprise;
``(B) aliens were transported in groups of 10 or more;
``(C) aliens were transported in a manner that endangered
their lives; or
``(D) the aliens presented a life-threatening health risk
to people in the United States.''.
(b) Outreach Program.--Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection
(a), is further amended by adding at the end the following:
``(f) Outreach Program.--The Secretary of Homeland
Security, in consultation as appropriate with the Attorney
General and the Secretary of State, shall develop and
implement an outreach program to educate the public in the
United States and abroad about the penalties for bringing in
and harboring aliens in violation of this section.
Subtitle B--Identity Management Security
CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL
IDENTIFICATION CARDS
SEC. 3051. DEFINITIONS.
In this chapter, the following definitions apply:
(1) Driver's license.--The term ``driver's license'' means
a motor vehicle operator's license, as defined in section
30301 of title 49, United States Code.
(2) Identification card.--The term ``identification card''
means a personal identification card, as defined in section
1028(d) of title 18, United States Code, issued by a State.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(4) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Northern Mariana Islands,
the Trust Territory of the Pacific Islands, and any other
territory or possession of the United States.
SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE
STANDARDS FOR FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of the
enactment of this Act, a Federal agency may not accept, for
any official purpose, a driver's license or identification
card issued by a State to any person unless the State is
meeting the requirements of this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary
of Transportation, may prescribe by regulation.
(b) Minimum Document Requirements.--To meet the
requirements of this section, a State shall include, at a
minimum, the following information and features on each
driver's license and identification card issued to a person
by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver license or identification card
number.
(5) A digital photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined
minimum data elements.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require, at a minimum, presentation and
verification of the following information before issuing a
driver's license or identification card to a person:
(A) A photo identity document, except that a non-photo
identity document is acceptable if it includes both the
person's full legal name and date of birth.
(B) Documentation showing the person's date of birth.
[[Page H8756]]
(C) Proof of the person's social security account number or
verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person's name and address of
principal residence.
(2) Special requirements.--
(A) In general.--To meet the requirements of this section,
a State shall comply with the minimum standards of this
paragraph.
(B) Evidence of legal status.--A State shall require,
before issuing a driver's license or identification card to a
person, valid documentary evidence that the person--
(i) is a citizen of the United States;
(ii) is an alien lawfully admitted for permanent or
temporary residence in the United States;
(iii) has conditional permanent resident status in the
United States;
(iv) has a valid, unexpired nonimmigrant visa or
nonimmigrant visa status for entry into the United States;
(v) has a pending or approved application for asylum in the
United States;
(vi) has entered into the United States in refugee status;
(vii) has a pending or approved application for temporary
protected status in the United States;
(viii) has approved deferred action status; or
(ix) has a pending application for adjustment of status to
that of an alien lawfully admitted for permanent residence in
the United States or conditional permanent resident status in
the United States.
(C) Temporary drivers' licenses and identification cards.--
(i) In general.--If a person presents evidence under any of
clauses (iv) through (ix) of subparagraph (B), the State may
only issue a temporary driver's license or temporary
identification card to the person.
(ii) Expiration date.--A temporary driver's license or
temporary identification card issued pursuant to this
subparagraph shall be valid only during the period of time of
the applicant's authorized stay in the United States or if
there is no definite end to the period of authorized stay a
period of one year.
(iii) Display of expiration date.--A temporary driver's
license or temporary identification card issued pursuant to
this subparagraph shall clearly indicate that it is temporary
and shall state the date on which it expires.
(iv) Renewal.--A temporary driver's license or temporary
identification card issued pursuant to this subparagraph may
be renewed only upon presentation of valid documentary
evidence that the status by which the applicant qualified for
the temporary driver's license or temporary identification
card has been extended by the Secretary of Homeland Security.
(3) Applications for renewal, duplication, or reissuance.--
(A) Presumption.--For purposes of paragraphs (1) and (2), a
State shall presume that any driver's license or
identification card for which an application has been made
for renewal, duplication, or reissuance has been issued in
accordance with the provisions of such paragraphs if, at the
time the application is made, the driver's license or
identification card has not expired or been canceled,
suspended, or revoked.
(B) Limitation.--Subparagraph (A) shall not apply to a
renewal, duplication, or reissuance if the State is notified
by a local, State, or Federal government agency that the
person seeking such renewal, duplication, or reissuance is
neither a citizen of the United States nor legally in the
United States.
(4) Verification of documents.--To meet the requirements of
this section, a State shall implement the following
procedures:
(A) Before issuing a driver's license or identification
card to a person, the State shall verify, with the issuing
agency, the issuance, validity, and completeness of each
document required to be presented by the person under
paragraph (1) or (2).
(B) The State shall not accept any foreign document, other
than an official passport, to satisfy a requirement of
paragraph (1) or (2).
(C) Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary
of Homeland Security to routinely utilize the automated
system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(110 Stat. 3009-664), to verify the legal presence status of
a person, other than a United States citizen, applying for a
driver's license or identification card.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt the following practices in the
issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of identity
source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum
of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or
identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a
renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using
the full social security account number. In the event that a
social security account number is already registered to or
associated with another person to which any State has issued
a driver's license or identification card, the State shall
resolve the discrepancy and take appropriate action.
(6) Refuse to issue a driver's license or identification
card to a person holding a driver's license issued by another
State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and
the security of document materials and papers from which
drivers' licenses and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to
appropriate security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of
drivers' licenses and identification cards.
SEC. 3053. LINKING OF DATABASES.
(a) In General.--To be eligible to receive any grant or
other type of financial assistance made available under this
subtitle, a State shall participate in the interstate compact
regarding sharing of driver license data, known as the
``Driver License Agreement'', in order to provide electronic
access by a State to information contained in the motor
vehicle databases of all other States.
(b) Requirements for Information.--A State motor vehicle
database shall contain, at a minimum, the following
information:
(1) All data fields printed on drivers' licenses and
identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor
vehicle violations, suspensions, and points on licenses.
SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN
FALSE IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is
amended by striking ``false authentication features'' and
inserting ``false or actual authentication features''.
SEC. 3055. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State
to assist the State in conforming to the minimum standards
set forth in this chapter.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out this chapter.
SEC. 3056. AUTHORITY.
(a) Participation of Secretary of Transportation and
States.--All authority to issue regulations, certify
standards, and issue grants under this chapter shall be
carried out by the Secretary, in consultation with the
Secretary of Transportation and the States.
(b) Extensions of Deadlines.--The Secretary may grant to a
State an extension of time to meet the requirements of
section 3052(a)(1) if the State provides adequate
justification for noncompliance.
CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES
SEC. 3061. DEFINITIONS.
(a) Applicability of Definitions.--Except as otherwise
specifically provided, the definitions contained in section
3051 apply to this chapter.
(b) Other Definitions.--In this chapter, the following
definitions apply:
(1) Birth certificate.--The term ``birth certificate''
means a certificate of birth--
(A) for an individual (regardless of where born)--
(i) who is a citizen or national of the United States at
birth; and
(ii) whose birth is registered in the United States; and
(B) that--
(i) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of
record; or
(ii) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of record,
of an original certificate of birth issued by such agency or
custodian of record.
(2) Registrant.--The term ``registrant'' means, with
respect to a birth certificate, the person whose birth is
registered on the certificate.
(3) State.--The term ``State'' shall have the meaning given
such term in section 3051; except that New York City shall be
treated as a State separate from New York.
SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL
GOVERNMENTS.
The minimum standards in this chapter applicable to birth
certificates issued by a State shall also apply to birth
certificates issued by a local government in the State. It
shall be the responsibility of the State to ensure that local
governments in the State comply with the minimum standards.
SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use.--
(1) In general.--Beginning 3 years after the date of the
enactment of this Act, a Federal agency may not accept, for
any official purpose, a birth certificate issued by a State
[[Page H8757]]
to any person unless the State is meeting the requirements of
this section.
(2) State certifications.--The Secretary shall determine
whether a State is meeting the requirements of this section
based on certifications made by the State to the Secretary.
Such certifications shall be made at such times and in such
manner as the Secretary, in consultation with the Secretary
of Health and Human Services, may prescribe by regulation.
(b) Minimum Document Standards.--To meet the requirements
of this section, a State shall include, on each birth
certificate issued to a person by the State, the use of
safety paper, the seal of the issuing custodian of record,
and such other features as the Secretary may determine
necessary to prevent tampering, counterfeiting, and otherwise
duplicating the birth certificate for fraudulent purposes.
The Secretary may not require a single design to which birth
certificates issued by all States must conform.
(c) Minimum Issuance Standards.--
(1) In general.--To meet the requirements of this section,
a State shall require and verify the following information
from the requestor before issuing an authenticated copy of a
birth certificate:
(A) The name on the birth certificate.
(B) The date and location of the birth.
(C) The mother's maiden name.
(D) Substantial proof of the requestor's identity.
(2) Issuance to persons not named on birth certificate.--To
meet the requirements of this section, in the case of a
request by a person who is not named on the birth
certificate, a State must require the presentation of legal
authorization to request the birth certificate before
issuance.
(3) Issuance to family members.--Not later than one year
after the date of the enactment of this Act, the Secretary,
in consultation with the Secretary of Health and Human
Services and the States, shall establish minimum standards
for issuance of a birth certificate to specific family
members, their authorized representatives, and others who
demonstrate that the certificate is needed for the protection
of the requestor's personal or property rights.
(4) Waivers.--A State may waive the requirements set forth
in subparagraphs (A) through (C) of subsection (c)(1) in
exceptional circumstances, such as the incapacitation of the
registrant.
(5) Applications by electronic means.--To meet the
requirements of this section, for applications by electronic
means, through the mail or by phone or fax, a State shall
employ third party verification, or equivalent verification,
of the identity of the requestor.
(6) Verification of documents.--To meet the requirements of
this section, a State shall verify the documents used to
provide proof of identity of the requestor.
(d) Other Requirements.--To meet the requirements of this
section, a State shall adopt, at a minimum, the following
practices in the issuance and administration of birth
certificates:
(1) Establish and implement minimum building security
standards for State and local vital record offices.
(2) Restrict public access to birth certificates and
information gathered in the issuance process to ensure that
access is restricted to entities with which the State has a
binding privacy protection agreement.
(3) Subject all persons with access to vital records to
appropriate security clearance requirements.
(4) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance
process.
(5) Establish and implement internal operating system
standards for paper and for electronic systems.
(6) Establish a central database that can provide
interoperative data exchange with other States and with
Federal agencies, subject to privacy restrictions and
confirmation of the authority and identity of the requestor.
(7) Ensure that birth and death records are matched in a
comprehensive and timely manner, and that all electronic
birth records and paper birth certificates of decedents are
marked ``deceased''.
(8) Cooperate with the Secretary in the implementation of
electronic verification of vital events under section 3065.
SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH
REGISTRATION SYSTEMS.
In consultation with the Secretary of Health and Human
Services and the Commissioner of Social Security, the
Secretary shall take the following actions:
(1) Work with the States to establish a common data set and
common data exchange protocol for electronic birth
registration systems and death registration systems.
(2) Coordinate requirements for such systems to align with
a national model.
(3) Ensure that fraud prevention is built into the design
of electronic vital registration systems in the collection of
vital event data, the issuance of birth certificates, and the
exchange of data among government agencies.
(4) Ensure that electronic systems for issuing birth
certificates, in the form of printed abstracts of birth
records or digitized images, employ a common format of the
certified copy, so that those requiring such documents can
quickly confirm their validity.
(5) Establish uniform field requirements for State birth
registries.
(6) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of
Defense that will result in the sharing of data, with the
States and the Social Security Administration, regarding
deaths of United States military personnel and the birth and
death of their dependents.
(7) Not later than 1 year after the date of the enactment
of this Act, establish a process with the Department of State
to improve registration, notification, and the sharing of
data with the States and the Social Security Administration,
regarding births and deaths of United States citizens abroad.
(8) Not later than 3 years after the date of establishment
of databases provided for under this section, require States
to record and retain electronic records of pertinent
identification information collected from requestors who are
not the registrants.
(9) Not later than 6 months after the date of the enactment
of this Act, submit to Congress, a report on whether there is
a need for Federal laws to address penalties for fraud and
misuse of vital records and whether violations are
sufficiently enforced.
SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.
(a) Lead Agency.--The Secretary shall lead the
implementation of electronic verification of a person's birth
and death.
(b) Regulations.--In carrying out subsection (a), the
Secretary shall issue regulations to establish a means by
which authorized Federal and State agency users with a single
interface will be able to generate an electronic query to any
participating vital records jurisdiction throughout the
Nation to verify the contents of a paper birth certificate.
Pursuant to the regulations, an electronic response from the
participating vital records jurisdiction as to whether there
is a birth record in their database that matches the paper
birth certificate will be returned to the user, along with an
indication if the matching birth record has been flagged
``deceased''. The regulations shall take effect not later
than 5 years after the date of the enactment of this Act.
SEC. 3066. GRANTS TO STATES.
(a) In General.--The Secretary may make grants to a State
to assist the State in conforming to the minimum standards
set forth in this chapter.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out this chapter.
SEC. 3067. AUTHORITY.
(a) Participation With Federal Agencies and States.--All
authority to issue regulations, certify standards, and issue
grants under this chapter shall be carried out by the
Secretary, with the concurrence of the Secretary of Health
and Human Services and in consultation with State vital
statistics offices and appropriate Federal agencies.
(b) Extensions of Deadlines.--The Secretary may grant to a
State an extension of time to meet the requirements of
section 3063(a)(1) if the State provides adequate
justification for noncompliance.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security
Account Numbers
SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY
ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR
VEHICLE REGISTRATIONS.
(a) In General.--Section 205(c)(2)(C)(vi) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting ``(I)'' after ``(vi)''; and
(2) by adding at the end the following new subclause:
``(II) Any State or political subdivision thereof (and any
person acting as an agent of such an agency or
instrumentality), in the administration of any driver's
license or motor vehicle registration law within its
jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any
derivative of such number) on any driver's license or motor
vehicle registration or any other document issued by such
State or political subdivision to an individual for purposes
of identification of such individual or include on any such
license, registration, or other document a magnetic strip,
bar code, or other means of communication which conveys such
number (or derivative thereof).''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to licenses, registrations, and
other documents issued or reissued after 1 year after the
date of the enactment of this Act.
SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED
IN SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY
ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers.--
Section 205(c)(2)(B)(ii) of the Social Security Act (42
U.S.C. 405(c)(2)(B)(ii)) is amended--
(1) by inserting ``(I)'' after ``(ii)''; and
(2) by adding at the end the following new subclause:
``(II) With respect to an application for a social security
account number for an individual, other than for purposes of
enumeration at birth, the Commissioner shall require
independent verification of any birth record provided by the
applicant in support of the application. The Commissioner may
provide by regulation for reasonable exceptions from the
requirement for independent verification under this subclause
in any case in which the Commissioner determines there is
minimal opportunity for fraud.''.
[[Page H8758]]
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to applications filed after 270 days
after the date of the enactment of this Act.
(c) Study Regarding Applications for Replacement Social
Security Cards.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security shall undertake a study to test the feasibility and
cost effectiveness of verifying all identification documents
submitted by an applicant for a replacement social security
card. As part of such study, the Commissioner shall determine
the feasibility of, and the costs associated with, the
development of appropriate electronic processes for third
party verification of any such identification documents which
are issued by agencies and instrumentalities of the Federal
Government and of the States (and political subdivisions
thereof).
(2) Report.--Not later than 2 years after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate regarding the
results of the study undertaken under paragraph (1). Such
report shall contain such recommendations for legislative
changes as the Commissioner considers necessary to implement
needed improvements in the process for verifying
identification documents submitted by applicants for
replacement social security cards.
SEC. 3073. ENUMERATION AT BIRTH.
(a) Improvement of Application Process.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security shall undertake to make improvements to the
enumeration at birth program for the issuance of social
security account numbers to newborns. Such improvements shall
be designed to prevent--
(A) the assignment of social security account numbers to
unnamed children;
(B) the issuance of more than 1 social security account
number to the same child; and
(C) other opportunities for fraudulently obtaining a social
security account number.
(2) Report to the congress.--Not later than 1 year after
the date of the enactment of this Act, the Commissioner shall
transmit to each House of the Congress a report specifying in
detail the extent to which the improvements required under
paragraph (1) have been made.
(b) Study Regarding Process for Enumeration at Birth.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security shall undertake a study to determine the most
efficient options for ensuring the integrity of the process
for enumeration at birth. Such study shall include an
examination of available methods for reconciling hospital
birth records with birth registrations submitted to agencies
of States and political subdivisions thereof and with
information provided to the Commissioner as part of the
process for enumeration at birth.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate regarding the
results of the study undertaken under paragraph (1). Such
report shall contain such recommendations for legislative
changes as the Commissioner considers necessary to implement
needed improvements in the process for enumeration at birth.
SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC
IDENTIFICATION IN CONNECTION WITH APPLICATIONS
FOR BENEFITS, SOCIAL SECURITY ACCOUNT NUMBERS,
AND SOCIAL SECURITY CARDS.
(a) In General.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security shall undertake a study to--
(1) determine the best method of requiring and obtaining
photographic identification of applicants for old-age,
survivors, and disability insurance benefits under title II
of the Social Security Act, for a social security account
number, or for a replacement social security card, and of
providing for reasonable exceptions to any requirement for
photographic identification of such applicants that may be
necessary to promote efficient and effective administration
of such title, and
(2) evaluate the benefits and costs of instituting such a
requirement for photographic identification, including the
degree to which the security and integrity of the old-age,
survivors, and disability insurance program would be
enhanced.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate regarding the
results of the study undertaken under subsection (a). Such
report shall contain such recommendations for legislative
changes as the Commissioner considers necessary relating to
requirements for photographic identification of applicants
described in subsection (a).
SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT
SOCIAL SECURITY CARDS.
(a) In General.--Section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at
the end the following new sentence: ``The Commissioner shall
restrict the issuance of multiple replacement social security
cards to any individual to 3 per year and to 10 for the life
of the individual, except in any case in which the
Commissioner determines there is minimal opportunity for
fraud.''.
(b) Regulations and Effective Date.--The Commissioner of
Social Security shall issue regulations under the amendment
made by subsection (a) not later than 1 year after the date
of the enactment of this Act. Systems controls developed by
the Commissioner pursuant to such amendment shall take effect
upon the earlier of the issuance of such regulations or the
end of such 1-year period.
SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL
SECURITY ACCOUNT NUMBERING SYSTEM TO SHOW WORK
AUTHORIZATION STATUS.
(a) In General.--As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social
Security, in consultation with the Secretary of Homeland
Security, shall undertake a study to examine the best method
of modifying the social security account number assigned to
individuals who--
(1) are not citizens of the United States,
(2) have not been admitted for permanent residence, and
(3) are not authorized by the Secretary of Homeland
Security to work in the United States, or are so authorized
subject to one or more restrictions,
so as to include an indication of such lack of authorization
to work or such restrictions on such an authorization.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate regarding the
results of the study undertaken under this section. Such
report shall include the Commissioner's recommendations of
feasible options for modifying the social security account
number in the manner described in subsection (a).
Subtitle C--Targeting Terrorist Travel
SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL
HISTORY DATABASE.
(a) In General.--Not later than May 31, 2005, the
Comptroller General of the United States, the Secretary of
State, and the Secretary of Homeland Security each shall
submit to the Committees on the Judiciary of the House of
Representatives and of the Senate, the Committee on
International Relations of the House of Representatives, and
the Committee on Foreign Relations of the Senate the results
of a separate study on the subjects described in subsection
(c).
(b) Study.--The study submitted by the Secretary of State
under subsection (a) shall be completed by the Office of Visa
and Passport Control of the Department of State, in
coordination with the appropriate officials of the Department
of Homeland Security.
(c) Contents.--The studies described in subsection (a)
shall examine the feasibility, cost, potential benefits, and
relative importance to the objectives of tracking suspected
terrorists' travel, and apprehending suspected terrorists, of
each of the following:
(1) Requiring nationals of all countries to present
machine-readable, tamper-resistant passports that incorporate
biometric and document authentication identifiers.
(2) Creation of a database containing information on the
lifetime travel history of each foreign national or United
States citizen who might seek to enter the United States or
another country at any time, in order that border and visa
issuance officials may ascertain the travel history of a
prospective entrant by means other than a passport.
(d) Incentives.--The studies described in subsection (a)
shall also make recommendations on incentives that might be
offered to encourage foreign nations to participate in the
initiatives described in paragraphs (1) and (2) of subsection
(c).
SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General.--Section 235A(a)(4) of the Immigration and
Nationality Act (8 U.S.C. 1225(a)(4)) is amended--
(1) by striking ``October 31, 2000,'' and inserting
``January 1, 2008,'';
(2) by striking ``5 additional'' and inserting ``at least
15 and up to 25 additional'';
(3) by striking ``number of aliens'' and inserting ``number
of inadmissible aliens, especially aliens who are potential
terrorists,'';
(4) by striking ``who are inadmissible to the United
States.'' and inserting a period; and
(5) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''.
(b) Report.--Not later than June 30, 2006, the Secretary of
Homeland Security and the Secretary of State shall report to
the Committees on the Judiciary of the House of
Representatives and of the Senate, the Committee on
International Relations of the House of Representatives, and
the Committee on Foreign Relations of the Senate on the
progress being made in implementing the amendments made by
subsection (a).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out the amendments made by subsection (a)--
(1) $24,000,000 for fiscal year 2005;
[[Page H8759]]
(2) $48,000,000 for fiscal year 2006; and
(3) $97,000,000 for fiscal year 2007.
SEC. 3083. IMMIGRATION SECURITY INITIATIVE.
(a) In General.--Section 235A(b) of the Immigration and
Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) in the subsection heading, by inserting ``and
Immigration Security Initiative'' after ``Program''; and
(2) by adding at the end the following:
``Beginning not later than December 31, 2006, the number of
airports selected for an assignment under this subsection
shall be at least 50.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security to
carry out the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR
OFFICERS.
(a) Increased Number of Consular Officers.--The Secretary
of State, in each of fiscal years 2006 through 2009, may
increase by 150 the number of positions for consular officers
above the number of such positions for which funds were
allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Nonimmigrant
Visa Screening.--Section 222(d) of the Immigration and
Nationality Act (8 U.S.C. 1202(d)) is amended by adding at
the end the following:
``All nonimmigrant visa applications shall be reviewed and
adjudicated by a consular officer.''.
(c) Training for Consular Officers in Detection of
Fraudulent Documents.--Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))
is amended by adding at the end the following: ``As part of
the consular training provided to such officers by the
Secretary of State, such officers shall also receive training
in detecting fraudulent documents and general document
forensics and shall be required as part of such training to
work with immigration officers conducting inspections of
applicants for admission into the United States at ports of
entry.''.
(d) Assignment of Anti-Fraud Specialists.--
(1) Survey regarding document fraud.--The Secretary of
State, in coordination with the Secretary of Homeland
Security, shall conduct a survey of each diplomatic and
consular post at which visas are issued to assess the extent
to which fraudulent documents are presented by visa
applicants to consular officers at such posts.
(2) Placement of specialist.--Not later than July 31, 2005,
the Secretary shall, in coordination with the Secretary of
Homeland Security, identify 100 of such posts that experience
the greatest frequency of presentation of fraudulent
documents by visa applicants. The Secretary shall place in
each such post at least one full-time anti-fraud specialist
employed by the Department of State to assist the consular
officers at each such post in the detection of such fraud.
SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED
ACTIVITY.
Section 1028 of title 18, United States Code, relating to
penalties for fraud and related activity in connection with
identification documents and information, is amended--
(1) in subsection (b)(1)(A)(i), by striking ``issued by or
under the authority of the United States'' and inserting the
following: ``as described in subsection (d)'';
(2) in subsection (b)(2), by striking ``three years'' and
inserting ``six years'';
(3) in subsection (b)(3), by striking ``20 years'' and
inserting ``25 years'';
(4) in subsection (b)(4), by striking ``25 years'' and
inserting ``30 years''; and
(5) in subsection (c)(1), by inserting after ``United
States'' the following: ``Government, a State, political
subdivision of a State, a foreign government, political
subdivision of a foreign government, an international
governmental or an international quasi-governmental
organization,''.
SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of subsection (f) and
inserting ``; or''; and
(2) by inserting after subsection (f) the following:
``(g) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to enter
into, or remain in, the United States--''.
SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE
DEPARTMENT OF STATE.
(a) Limitation.--Notwithstanding any other provision of
law, the Secretary of State shall ensure, subject to
subsection (b), that the Antiterrorism Assistance Training
(ATA) program of the Department of State (or any successor or
related program) under chapter 8 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or other
relevant provisions of law) is carried out primarily to
provide training to host nation security services for the
specific purpose of ensuring the physical security and safety
of United States Government facilities and personnel abroad
(as well as foreign dignitaries and training related to the
protection of such dignitaries), including security detail
training and offenses related to passport or visa fraud.
(b) Exception.--The limitation contained in subsection (a)
shall not apply, and the Secretary of State may expand the
ATA program to include other types of antiterrorism
assistance training, if the Secretary first obtains the
approval of the Attorney General and provides written
notification of such proposed expansion to the appropriate
congressional committees.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on International Relations and the
Committee on the Judiciary of the House of Representatives;
and
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate.
SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL
TERRORIST TRAVEL THROUGH THE USE OF
FRAUDULENTLY OBTAINED DOCUMENTS.
(a) Findings.--Congress finds the following:
(1) International terrorists travel across international
borders to raise funds, recruit members, train for
operations, escape capture, communicate, and plan and carry
out attacks.
(2) The international terrorists who planned and carried
out the attack on the World Trade Center on February 26,
1993, the attack on the embassies of the United States in
Kenya and Tanzania on August 7, 1998, the attack on the USS
Cole on October 12, 2000, and the attack on the World Trade
Center and the Pentagon on September 11, 2001, traveled
across international borders to plan and carry out these
attacks.
(3) The international terrorists who planned other attacks
on the United States, including the plot to bomb New York
City landmarks in 1993, the plot to bomb the New York City
subway in 1997, and the millennium plot to bomb Los Angeles
International Airport on December 31, 1999, traveled across
international borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned and
carried out large-scale attacks against foreign targets,
including the attack in Bali, Indonesia, on October 11, 2002,
and the attack in Madrid, Spain, on March 11, 2004, traveled
across international borders to plan and carry out these
attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World Trade
Center on February 26, 1993, the plot to bomb New York City
landmarks in 1993, and the millennium plot to bomb Los
Angeles International Airport on December 31, 1999, traveled
on fraudulent passports and often had more than one passport.
(6) Two of the September 11, 2001, hijackers were carrying
passports that had been manipulated in a fraudulent manner
and several other hijackers whose passports did not survive
the attacks on the World Trade Center and Pentagon were
likely to have carried passports that were similarly
manipulated.
(7) The National Commission on Terrorist Attacks upon the
United States, (commonly referred to as the 9/11 Commission),
stated that ``Targeting travel is at least as powerful a
weapon against terrorists as targeting their money.''.
(b) International Agreements to Track and Curtail Terrorist
Travel.--
(1) International agreement on lost, stolen, or falsified
documents.--The President shall lead efforts to track and
curtail the travel of terrorists by supporting the drafting,
adoption, and implementation of international agreements, and
by supporting the expansion of existing international
agreements, to track and stop international travel by
terrorists and other criminals through the use of lost,
stolen, or falsified documents to augment existing United
Nations and other international anti-terrorism efforts.
(2) Contents of international agreement.--The President
shall seek, in the appropriate fora, the drafting, adoption,
and implementation of an effective international agreement
requiring--
(A) the establishment of a system to share information on
lost, stolen, and fraudulent passports and other travel
documents for the purposes of preventing the undetected
travel of persons using such passports and other travel
documents that were obtained improperly;
(B) the establishment and implementation of a real-time
verification system of passports and other travel documents
with issuing authorities;
(C) the assumption of an obligation by countries that are
parties to the agreement to share with officials at ports of
entry in any such country information relating to lost,
stolen, and fraudulent passports and other travel documents;
(D) the assumption of an obligation by countries that are
parties to the agreement--
(i) to criminalize--
(I) the falsification or counterfeiting of travel documents
or breeder documents for any purpose;
(II) the use or attempted use of false documents to obtain
a visa or cross a border for any purpose;
(III) the possession of tools or implements used to falsify
or counterfeit such documents;
(IV) the trafficking in false or stolen travel documents
and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist; and
[[Page H8760]]
(VI) attempts to commit, including conspiracies to commit,
the crimes specified above;
(ii) to impose significant penalties so as to appropriately
punish violations and effectively deter these crimes; and
(iii) to limit the issuance of citizenship papers,
passports, identification documents, and the like to persons
whose identity is proven to the issuing authority, who have a
bona fide entitlement to or need for such documents, and who
are not issued such documents principally on account of a
disproportional payment made by them or on their behalf to
the issuing authority;
(E) the provision of technical assistance to State Parties
to help them meet their obligations under the convention;
(F) the establishment and implementation of a system of
self-assessments and peer reviews to examine the degree of
compliance with the convention; and
(G) an agreement that would permit immigration and border
officials to confiscate a lost, stolen, or falsified passport
at ports of entry and permit the traveler to return to the
sending country without being in possession of the lost,
stolen, or falsified passport, and for the detention and
investigation of such traveler upon the return of the
traveler to the sending country.
(3) International civil aviation organization.--The United
States shall lead efforts to track and curtail the travel of
terrorists by supporting efforts at the International Civil
Aviation Organization to continue to strengthen the security
features of passports and other travel documents.
(c) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, and at least annually thereafter,
the President shall submit to the appropriate congressional
committees a report on progress toward achieving the goals
described in subsection (b).
(2) Termination.--Paragraph (1) shall cease to be effective
when the President certifies to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate that the
goals described in subsection (b) have been fully achieved.
SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES
INTO THE ROMAN ALPHABET FOR INTERNATIONAL
TRAVEL DOCUMENTS AND NAME-BASED WATCHLIST
SYSTEMS.
(a) Findings.--Congress finds that--
(1) the current lack of a single convention for translating
Arabic names enabled some of the 19 hijackers of aircraft
used in the terrorist attacks against the United States that
occurred on September 11, 2001, to vary the spelling of their
names to defeat name-based terrorist watchlist systems and to
make more difficult any potential efforts to locate them; and
(2) although the development and utilization of terrorist
watchlist systems using biometric identifiers will be
helpful, the full development and utilization of such systems
will take several years, and name-based terrorist watchlist
systems will always be useful.
(b) Sense of Congress.--It is the sense of Congress that
the President should seek to enter into an international
agreement to modernize and improve standards for the
translation of names into the Roman alphabet in order to
ensure one common spelling for such names for international
travel documents and name-based watchlist systems.
SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, the
Congress finds that completing a biometric entry and exit
data system as expeditiously as possible is an essential
investment in efforts to protect the United States by
preventing the entry of terrorists.
(b) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit data
system required by applicable sections of--
(A) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(B) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-205);
(C) the Visa Waiver Permanent Program Act (Public Law 106-
396);
(D) the Enhanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107-173); and
(E) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (Public Law 107-56).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit a report to Congress on the plan developed under
paragraph (1), which shall contain--
(A) a description of the current functionality of the entry
and exit data system, including--
(i) a listing of ports of entry with biometric entry data
systems in use and whether such screening systems are located
at primary or secondary inspection areas;
(ii) a listing of ports of entry with biometric exit data
systems in use;
(iii) a listing of databases and data systems with which
the automated entry and exit data system are interoperable;
(iv) a description of--
(I) identified deficiencies concerning the accuracy or
integrity of the information contained in the entry and exit
data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the system;
and
(III) programs or policies planned or implemented to
correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit system,
including--
(i) the earliest date on which the Secretary estimates that
full implementation of the biometric entry and exit data
system can be completed;
(ii) the actions the Secretary will take to accelerate the
full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities required to enable the
Secretary to meet the implementation date described in clause
(i);
(C) a description of any improvements needed in the
information technology employed for the entry and exit data
system; and
(D) a description of plans for improved or added
interoperability with any other databases or data systems.
(c) Integration Requirement.--Not later than 2 years after
the date of the enactment of this Act, the Secretary of
Homeland Security shall integrate the biometric entry and
exit data system with all databases and data systems
maintained by U.S. Citizenship and Immigration Services that
process or contain information on aliens.
(d) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) In general.--The Secretary of Homeland Security, in
consultation with other appropriate agencies, shall establish
rules, guidelines, policies, and operating and auditing
procedures for collecting, removing, and updating data
maintained in, and adding information to, the entry and exit
data system, and databases and data systems linked to the
entry and exit data system, that ensure the accuracy and
integrity of the data.
(2) Requirements.--The rules, guidelines, policies, and
procedures established under paragraph (1) shall--
(A) incorporate a simple and timely method for--
(i) correcting errors; and
(ii) clarifying information known to cause false hits or
misidentification errors; and
(B) include procedures for individuals to seek corrections
of data contained in the data systems.
(e) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, the
Congress finds that--
(A) expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority; and
(B) the process of expediting known travelers across the
border can permit inspectors to better focus on identifying
terrorists attempting to enter the United States.
(2) Definition.--For purposes of this section, the term
``registered traveler program'' means any program designed to
expedite the travel of previously screened and known
travelers across the borders of the United States.
(3) Registered travel plan.--
(A) In general.--As soon as is practicable, the Secretary
of Homeland Security shall develop and implement a plan to
expedite the processing of registered travelers who enter and
exit the United States through a single registered traveler
program.
(B) Integration.--The registered traveler program developed
under this paragraph shall be integrated into the automated
biometric entry and exit data system described in this
section.
(C) Review and evaluation.--In developing the program under
this paragraph, the Secretary of Homeland Security shall--
(i) review existing programs or pilot projects designed to
expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs described
in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs; and
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program.
(4) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of Homeland Security
shall submit to the Congress a report describing the
Department of Homeland Security's progress on the development
and implementation of the plan required by this subsection.
(f) Integrated Biometric Entry-Exit Screening System.--With
respect to the biometric entry and exit data system referred
to in subsections (a) and (b), such system shall accomplish
the following:
(1) Ensure that the system's tracking capabilities
encompass data related to all immigration benefits
processing, including visa applications with the Department
of State,
[[Page H8761]]
immigration related filings with the Department of Labor,
cases pending before the Executive Office for Immigration
review, and matters pending or under investigation before the
Department of Homeland Security.
(2) Utilize a biometric based identity number tied to an
applicant's biometric algorithm established under the entry
and exit data system to track all immigration related matters
concerning the applicant.
(3) Provide that all information about an applicant's
immigration related history, including entry and exit
history, can be queried through electronic means. Database
access and usage guidelines shall include stringent
safeguards to prevent misuse of data.
(4) Provide real-time updates to the information described
in paragraph (3), including pertinent data from all agencies
referenced in paragraph (1).
(5) Limit access to the information described in paragraph
(4) (and any other database used for tracking immigration
related processing or entry and exit) to personnel explicitly
authorized to do so, and ensure that any such access may be
ascertained by authorized persons by review of the person's
access authorization code or number.
(6) Provide continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel
employed in the evaluation of immigration documents and
immigration-related policy.
(g) Entry-Exit System Goals.--The Department of Homeland
Security shall continue to implement the system described in
subsections (a) and (b) in such a manner that it fulfills the
following goals:
(1) Serves as a vital counterterrorism tool.
(2) Screens travelers efficiently and in a welcoming
manner.
(3) Provides inspectors and related personnel with adequate
real-time information.
(4) Ensures flexibility of training and security protocols
to most effectively comply with security mandates.
(5) Integrates relevant databases and plans for database
modifications to address volume increase and database usage.
(6) Improves database search capacities by utilizing
language algorithms to detect alternate names.
(h) Dedicated Specialists and Front Line Personnel
Training.--In implementing the provisions of subsections (f)
and (g), the Department of Homeland Security and the
Department of State shall--
(1) develop cross-training programs that focus on the scope
and procedures of the entry and exit data system;
(2) provide extensive community outreach and education on
the entry and exit data system's procedures;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law
to improve adjudications at our ports of entry, consulates,
and embassies.
(i) Information Accuracy Standards.--
(1) Authorized officers.--Any information placed in the
entry and exit data system shall be entered by authorized
officers in compliance with established procedures that
guarantee the identification of the person placing the
information.
(2) Data collected from foreign nationals.--The Secretary
of Homeland Security, the Secretary of State, and the
Attorney General, after consultation with directors of the
relevant intelligence agencies, shall standardize the
information and data collected from foreign nationals as well
as the procedures utilized to collect such data to ensure
that the information is consistent and of value to officials
accessing that data across multiple agencies.
(j) Accessibility.--The Secretary of Homeland Security, the
Secretary of State, the Attorney General, and the head of any
other department or agency that possesses authority to enter
data related to the immigration status of foreign nationals,
including lawful permanent resident aliens, or where such
information could serve to impede lawful admission of United
States citizens to the United States, shall each establish
guidelines related to data entry procedures. Such guidelines
shall--
(1) strictly limit the agency personnel authorized to enter
data into the system;
(2) identify classes of information to be designated as
temporary or permanent entries, with corresponding expiration
dates for temporary entries; and
(3) identify classes of prejudicial information requiring
additional authority of supervisory personnel prior to entry.
(k) System Adaptability.--
(1) In general.-- Each agency authorized to enter data
related to the immigration status of any persons identified
in subsection (f) shall develop and implement system
protocols to--
(A) correct erroneous data entries in a timely and
effective manner;
(B) clarify information known to cause false hits or
misidentification errors; and
(C) update all relevant information that is dispositive to
the adjudicatory or admission process.
(2) Centralizing and streamlining correction process.--The
President or agency director so designated by the President
shall establish a clearinghouse bureau as part of the
Department of Homeland Security to centralize and streamline
the process through which members of the public can seek
corrections to erroneous or inaccurate information related to
immigration status, or which otherwise impedes lawful
admission to the United States, contained in agency
databases. Such process shall include specific time schedules
for reviewing data correction requests, rendering decisions
on such requests, and implementing appropriate corrective
action in a timely manner.
(l) Training.--Agency personnel authorized to enter data
pursuant to subsection (i)(1) shall undergo extensive
training in immigration law and procedure.
(m) Implementation Audit.--The Secretary of the Department
of Homeland Security shall submit a report to the Congress
not later than 6 months after the date of the enactment of
this Act. The report shall detail activities undertaken to
date to develop the biometric entry and exit data system,
areas in which the system currently does not achieve the
mandates set forth in this section, and the funding,
infrastructure, technology and other factors needed to
complete the system, as well as a detailed time frame in
which the completion of the system will be achieved.
(n) Reports.--
(1) Joint biannual reports.--The Secretaries of the
Departments of State and Homeland Security jointly shall
report biannually to the Congress on the following:
(A) Current infrastructure and staffing at each port of
entry and each consular post.
(B) The numbers of immigrant and nonimmigrant visas issued.
(C) the numbers of individuals subject to expedited removal
at the ports of entry, as well as within 100 miles of the
United States border.
(D) The plan for enhanced database review at entry.
(E) The number of suspected terrorists and criminals
intercepted utilizing the biometric entry and exit data
system.
(F) The funds spent in the preceding fiscal year to achieve
the mandates of this section.
(G) Areas in which they failed to achieve these mandates,
and the steps they are taking to address these deficiencies.
(2) Ports of entry.--For ports of entry, similar
information shall be provided including the number of I-94s
issued, immigrant visa admissions made, and nonimmigrant
admissions.
(3) Status report on compliance with enhanced border
security and visa entry reform act.--Not later than 120 days
after the date of the enactment of this Act, the Secretary of
Homeland Security and the Secretary of State, after
consultation with the Director of the National Institute of
Standards and Technology and the Commission on Interoperable
Data Sharing, shall issue a report addressing the following:
(A) The status of agency compliance with the mandates set
forth in section 202 of the Enhanced Border Security and Visa
Entry Reform Act (8 U.S.C. 1722).
(B) The status of agency compliance with section 201(c)(3)
of such Act (8 U.S.C. 1721(c)(3)).
(4) Status report on compliance with section.--Not later
than 1 year after the date of the enactment of this Act, the
Secretary of Homeland Security, the Secretary of State, the
Attorney General, and the head of any other department or
agency bound by the mandates in this section, shall issue
both individual status reports and a joint status report
detailing compliance with each mandate contained in this
section.
(o) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Homeland Security, for
each of the fiscal years 2005 through 2009, such sums as may
be necessary to carry out the provisions of this section.
SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR
COUNTERTERRORISM.
(a) Declaration of United States Policy.--Congress declares
that it shall be the policy of the United States to--
(1) make combating terrorist travel and those who assist
them a priority for the United States counterterrorism
policy; and
(2) ensure that the information relating to individuals who
help facilitate terrorist travel by creating false passports,
visas, documents used to obtain such travel documents, and
other documents are fully shared within the United States
Government and, to the extent possible, with and from foreign
governments, in order to initiate United States and foreign
prosecutions of such individuals.
(b) Amendment.--Section 1(e)(2) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is
amended by adding at the end the following:
``(C) Additional duties relating to terrorist travel.--In
addition to the principal duties of the Coordinator described
in subparagraph (B), the Coordinator shall analyze methods
used by terrorists to travel internationally, develop
policies with respect to curtailing terrorist travel, and
coordinate such policies with the appropriate bureaus and
other entities of the Department of State, other United
States Government agencies, the Human Trafficking and
Smuggling Center, and foreign governments.''.
SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT
SECURITY IN THE DEPARTMENT OF STATE.
(a) Establishment.--There is established within the Bureau
of Diplomatic Security of the Department of State an Office
of Visa and Passport Security (in this section referred to as
the ``Office'').
(b) Head of Office.--
(1) In general.--Notwithstanding any other provision of
law, the head of the Office
[[Page H8762]]
shall be an individual who shall have the rank and status of
Deputy Assistant Secretary of State for Diplomatic Security
(in this section referred to as the ``Deputy Assistant
Secretary'').
(2) Recruitment.--The Under Secretary of State for
Management shall chose the Deputy Assistant Secretary from
among individuals who are Diplomatic Security Agents.
(3) Qualifications.--The Diplomatic Security Agent chosen
to serve as the Deputy Assistant Secretary shall have
expertise and experience in investigating and prosecuting
visa and passport fraud.
(c) Duties.--
(1) Preparation of strategic plan.--
(A) In general.--The Deputy Assistant Secretary, in
coordination with the appropriate officials of the Department
of Homeland Security, shall ensure the preparation of a
strategic plan to target and disrupt individuals and
organizations at home and in foreign countries that are
involved in the fraudulent production, distribution, use, or
other similar activity--
(i) of a United States visa or United States passport;
(ii) of documents intended to help fraudulently procure a
United States visa or United States passport, or other
documents intended to gain unlawful entry into the United
States; or
(iii) of passports and visas issued by foreign countries
intended to gain unlawful entry into the United States.
(B) Emphasis.--Such plan shall--
(i) focus particular emphasis on individuals and
organizations that may have links to domestic terrorist
organizations or foreign terrorist organizations (as such
term is defined in Section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189));
(ii) require the development of a strategic training course
under the Antiterrorism Assistance Training (ATA) program of
the Department of State (or any successor or related program)
under chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions
of law) to train participants in the identification of
fraudulent documents and the forensic detection of such
documents which may be used to obtain unlawful entry into the
United States; and
(iii) determine the benefits and costs of providing
technical assistance to foreign governments to ensure the
security of passports, visas, and related documents and to
investigate, arrest, and prosecute individuals who facilitate
travel by the creation of false passports and visas,
documents to obtain such passports and visas, and other types
of travel documents.
(2) Duties of office.--The Office shall have the following
duties:
(A) Analysis of methods.--Analyze methods used by
terrorists to travel internationally, particularly the use of
false or altered travel documents to illegally enter foreign
countries and the United States, and advise the Bureau of
Consular Affairs and the Secretary of Homeland Security on
recommended changes to the visa issuance process that could
combat such methods, including the introduction of new
technologies into such process.
(B) Identification of individuals and documents.--Identify,
in cooperation with the Human Trafficking and Smuggling
Center, individuals who facilitate travel by the creation of
false passports and visas, documents used to obtain such
passports and visas, and other types of travel documents, and
ensure that the appropriate agency is notified for further
investigation and prosecution or, in the case of such
individuals abroad for which no further investigation or
prosecution is initiated, ensure that all appropriate
information is shared with foreign governments in order to
facilitate investigation, arrest, and prosecution of such
individuals.
(C) Identification of foreign countries needing
assistance.--Identify foreign countries that need technical
assistance, such as law reform, administrative reform,
prosecutorial training, or assistance to police and other
investigative services, to ensure passport, visa, and related
document security and to investigate, arrest, and prosecute
individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports
and visas, and other types of travel documents.
(D) Inspection of applications.--Randomly inspect visa and
passport applications for accuracy, efficiency, and fraud,
especially at high terrorist threat posts, in order to
prevent a recurrence of the issuance of visas to those who
submit incomplete, fraudulent, or otherwise irregular or
incomplete applications.
(3) Report.--Not later than 90 days after the date of the
enactment of this Act, the Deputy Assistant Secretary shall
submit to Congress a report containing--
(A) a description of the strategic plan prepared under
paragraph (1); and
(B) an evaluation of the feasibility of establishing civil
service positions in field offices of the Bureau of
Diplomatic Security to investigate visa and passport fraud,
including an evaluation of whether to allow diplomatic
security agents to convert to civil service officers to fill
such positions.
Subtitle D--Terrorist Travel
SEC. 3101. INFORMATION SHARING AND COORDINATION.
The Secretary of Homeland Security shall establish a
mechanism to--
(1) ensure the coordination and dissemination of terrorist
travel intelligence and operational information among the
appropriate agencies within the Department of Homeland
Security, including the Bureau of Customs and Border
Protection, the Bureau of Immigration and Customs
Enforcement, the Bureau of Citizenship and Immigration
Services, the Transportation Security Administration, the
Coast Guard, and other agencies as directed by the Secretary;
and
(2) ensure the sharing of terrorist travel intelligence and
operational information with the Department of State, the
National Counterterrorism Center, and other appropriate
Federal agencies.
SEC. 3102. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with
the Director of the National Counterterrorism Center, shall
establish a program to--
(1) analyze and utilize information and intelligence
regarding terrorist travel tactics, patterns, trends, and
practices; and
(2) disseminate that information to all front-line
Department of Homeland Security personnel who are at ports of
entry or between ports of entry, to immigration benefits
offices, and, in coordination with the Secretary of State, to
appropriate individuals at United States embassies and
consulates.
SEC. 3103. TRAINING PROGRAM.
(a) Review, Evaluation, and Revision of Existing Training
Programs.--The Secretary of Homeland Security shall--
(1) review and evaluate the training currently provided to
Department of Homeland Security personnel and, in
consultation with the Secretary of State, relevant Department
of State personnel with respect to travel and identity
documents, and techniques, patterns, and trends associated
with terrorist travel; and
(2) develop and implement a revised training program for
border, immigration, and consular officials in order to teach
such officials how to effectively detect, intercept, and
disrupt terrorist travel.
(b) Required Topics of Revised Programs.--The training
program developed under subsection (a)(2) shall include
training in the following areas:
(1) Methods for identifying fraudulent and genuine travel
documents.
(2) Methods for detecting terrorist indicators on travel
documents and other relevant identity documents.
(3) Recognizing travel patterns, tactics, and behaviors
exhibited by terrorists.
(4) Effectively utilizing information contained in
databases and data systems available to the Department of
Homeland Security.
(5) Other topics determined to be appropriate by the
Secretary of Homeland Security in consultation with the
Secretary of State or the National Intelligence Director.
SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.
(a) Plan Required.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of State, shall
submit to the Congress a plan to ensure that the Department
of Homeland Security and the Department of State acquire and
deploy, to all consulates, ports of entry, and immigration
benefits offices, technologies that facilitate document
authentication and the detection of potential terrorist
indicators on travel documents.
(b) Interoperability Requirement.--To the extent possible,
technologies to be acquired and deployed under the plan shall
be compatible with current systems used by the Department of
Homeland Security to detect and identify fraudulent documents
and genuine documents.
(c) Passport Screening.--The plan shall address the
feasibility of using such technologies to screen passports
submitted for identification purposes to a United States
consular, border, or immigration official.
Subtitle E--Maritime Security Requirements
SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY
REQUIREMENTS.
(a) National Maritime Transportation Security Plan.--
Section 70103(a) of the 46, United States Code, is amended by
striking ``The Secretary'' and inserting ``Not later than
December 31, 2004, the Secretary''.
(b) Facility and Vessel Vulnerability Assessments.--Section
70102(b)(1) of the 46, United States Code, is amended by
striking ``, the Secretary'' and inserting ``and by not later
than December 31, 2004, the Secretary''.
(c) Transportation Security Card Regulations.--Section
70105(a) of the 46, United States Code, is amended by
striking ``The Secretary'' and inserting ``Not later than
December 31, 2004, the Secretary''.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
CHAPTER 1--PROVISIONS RELATING TO TERRORIST SANCTUARIES
SEC. 4001. UNITED STATES POLICY ON TERRORIST SANCTUARIES.
It is the sense of Congress that it should be the policy of
the United States--
(1) to identify and prioritize foreign countries that are
or that could be used as terrorist sanctuaries;
(2) to assess current United States resources being
provided to such foreign countries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as
sanctuaries; and
[[Page H8763]]
(4) to work in bilateral and multilateral fora to prevent
foreign countries from being used as terrorist sanctuaries.
SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.
(a) Initial Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the President shall transmit to
Congress a report that describes a strategy for addressing
and, where possible, eliminating terrorist sanctuaries.
(2) Content.--The report required under this subsection
shall include the following:
(A) A list that prioritizes each actual and potential
terrorist sanctuary and a description of activities in the
actual and potential sanctuaries.
(B) An outline of strategies for preventing the use of,
disrupting, or ending the use of such sanctuaries.
(C) A detailed description of efforts, including an
assessment of successes and setbacks, by the United States to
work with other countries in bilateral and multilateral fora
to address or eliminate each actual or potential terrorist
sanctuary and disrupt or eliminate the security provided to
terrorists by each such sanctuary.
(D) A description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries.
(b) Subsequent Reports.--
(1) Requirement of reports.--Section 140(a)(1) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 (22 U.S.C. 2656f(a)(1)) is amended--
(A) by striking ``(1)'' and inserting ``(1)(A)'';
(B) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by adding
``and'' at the end; and
(D) by adding at the end the following:
``(B) detailed assessments with respect to each foreign
country whose territory is being used or could potentially be
used as a sanctuary for terrorists or terrorist
organizations;''.
(2) Provisions to be included in report.--Section 140(b) of
such Act (22 U.S.C. 2656f(b)) is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``subsection (a)(1)'' and inserting ``subsection (a)(1)(A)'';
and
(ii) by striking ``and'' at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
``(2) with respect to subsection (a)(1)(B)--
``(A) the extent of knowledge by the government of the
country with respect to terrorist activities in the territory
of the country; and
``(B) the actions by the country--
``(i) to eliminate each terrorist sanctuary in the
territory of the country;
``(ii) to cooperate with United States antiterrorism
efforts; and
``(iii) to prevent the proliferation of and trafficking in
weapons of mass destruction in and through the territory of
the country;'';
(D) by striking the period at the end of paragraph (3) (as
redesignated) and inserting a semicolon; and
(E) by inserting after paragraph (3) (as redesignated) the
following:
``(4) a strategy for addressing and, where possible,
eliminating terrorist sanctuaries that shall include--
``(A) a description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
``(B) an outline of strategies for disrupting or
eliminating the security provided to terrorists by such
sanctuaries;
``(C) a description of efforts by the United States to work
with other countries in bilateral and multilateral fora to
address or eliminate actual or potential terrorist
sanctuaries and disrupt or eliminate the security provided to
terrorists by such sanctuaries; and
``(D) a description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries;
``(5) an update of the information contained in the report
required to be transmitted to Congress pursuant to section
4002(a)(2) of the 9/11 Recommendations Implementation Act;
``(6) to the extent practicable, complete statistical
information on the number of individuals, including United
States citizens and dual nationals, killed, injured, or
kidnapped by each terrorist group during the preceding
calendar year; and
``(7) an analysis, as appropriate, relating to trends in
international terrorism, including changes in technology
used, methods and targets of attacks, demographic information
on terrorists, and other appropriate information.''.
(3) Definitions.--Section 140(d) of such Act (22 U.S.C.
2656f(d)) is amended--
(A) in paragraph (2), by striking ``and'' at the end;
(B) in paragraph (3), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(4) the term `territory' and `territory of the country'
means the land, waters, and airspace of the country; and
``(5) the term `terrorist sanctuary' or `sanctuary' means
an area in the territory of a country that is used by a
terrorist group with the express or implied consent of the
government of the country--
``(A) to carry out terrorist activities, including
training, fundraising, financing, recruitment, and education
activities; or
``(B) to provide transit through the country.''.
(4) Effective date.--The amendments made by paragraphs (1),
(2), and (3) apply with respect to the report required to be
transmitted under section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989, by April 30,
2006, and by April 30 of each subsequent year.
SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST
SANCTUARIES.
(a) Amendments.--Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) is amended--
(1) in paragraph (1)--
(A) by redesignating subparagraph (B) as subparagraph (C);
and
(B) by inserting after subparagraph (A) the following:
``(B) Any part of the territory of the country is being
used as a sanctuary for terrorists or terrorist
organizations.'';
(2) in paragraph (3), by striking ``paragraph (1)(A)'' and
inserting ``subparagraph (A) or (B) of paragraph (1)'';
(3) by redesignating paragraph (5) as paragraph (6);
(4) by inserting after paragraph (4) the following:
``(5) A determination made by the Secretary of State under
paragraph (1)(B) may not be rescinded unless the President
submits to the Speaker of the House of Representatives and
the chairman of the Committee on Banking, Housing, and Urban
Affairs and the chairman of the Committee on Foreign
Relations of the Senate before the proposed rescission would
take effect a report certifying that the government of the
country concerned --
``(A) is taking concrete, verifiable steps to eliminate
each terrorist sanctuary in the territory of the country;
``(B) is cooperating with United States antiterrorism
efforts; and
``(C) is taking all appropriate actions to prevent the
proliferation of and trafficking in weapons of mass
destruction in and through the territory of the country.'';
and
(5) by inserting after paragraph (6) (as redesignated) the
following:
``(7) In this subsection--
``(A) the term `territory of the country' means the land,
waters, and airspace of the country; and
``(B) the term `terrorist sanctuary' or `sanctuary' means
an area in the territory of a country that is used by a
terrorist group with the express or implied consent of the
government of the country--
``(i) to carry out terrorist activities, including
training, fundraising, financing, recruitment, and education
activities; or
``(ii) to provide transit through the country.''.
(b) Implementation.--The President shall implement the
amendments made by subsection (a) by exercising the
authorities the President has under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
CHAPTER 2--OTHER PROVISIONS
SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS CONTROL AND
NONPROLIFERATION ADVISORY BOARD.
(a) Requirement.--Not later than December 31, 2004, the
Secretary of State shall appoint individuals to the Arms
Control and Nonproliferation Advisory Board to fill all
vacancies in the membership of the Board that exist on the
date of the enactment of this Act.
(b) Consultation.--Appointments to the Board under
subsection (a) shall be made in consultation with the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate.
SEC. 4012. REVIEW OF UNITED STATES POLICY ON PROLIFERATION OF
WEAPONS OF MASS DESTRUCTION AND CONTROL OF
STRATEGIC WEAPONS.
(a) Review.--
(1) In general.--The Undersecretary of State for Arms
Control and International Security shall instruct the Arms
Control and Nonproliferation Advisory Board (in this section
referred to as the ``Advisory Board'') to carry out a review
of existing policies of the United States relating to the
proliferation of weapons of mass destruction and the control
of strategic weapons.
(2) Components.--The review required under this subsection
shall contain at a minimum the following:
(A) An identification of all major deficiencies in existing
United States policies relating to the proliferation of
weapons of mass destruction and the control of strategic
weapons.
(B) Proposals that contain a range of options that if
implemented would adequately address any significant threat
deriving from the deficiencies in existing United States
policies described in subparagraph (A).
(b) Reports.--
(1) Interim report.--Not later than June 15, 2005, the
Advisory Board shall prepare and submit to the Undersecretary
of State for Arms Control and International Security an
interim report that contains the initial results of the
review carried out pursuant to subsection (a).
(2) Final report.--Not later than December 1, 2005, the
Advisory Board shall prepare
[[Page H8764]]
and submit to the Undersecretary of State for Arms Control
and International Security, and to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate, a final
report that contains the comprehensive results of the review
carried out pursuant to subsection (a).
(c) Experts and Consultants.-- In carrying out this
section, the Advisory Board may procure temporary and
intermittent services of experts and consultants, including
experts and consultants from nongovernmental organizations,
under section 3109(b) of title 5, United States Code.
(d) Funding and Other Resources.--The Secretary of State
shall provide to the Advisory Board an appropriate amount of
funding and other resources to enable the Advisory Board to
carry out this section.
SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF
INTERNATIONAL TERRORISM.
Section 1(e)(2) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(e)(2)), as amended by section
3091(b), is further amended by adding at the end the
following:
``(D) Additional duties relating to international
agreements to interdict acts of international terrorism.--
``(i) In general.--In addition to the principal duties of
the Coordinator described in subparagraph (B), the
Coordinator, in consultation with relevant United States
Government agencies, shall seek to negotiate on a bilateral
basis international agreements under which parties to an
agreement work in partnership to address and interdict acts
of international terrorism.
``(ii) Terms of international agreement.--It is the sense
of Congress that--
``(I) each party to an international agreement referred to
in clause (i)--
``(aa) should be in full compliance with United Nations
Security Council Resolution 1373 (September 28, 2001), other
appropriate international agreements relating to
antiterrorism measures, and such other appropriate criteria
relating to antiterrorism measures;
``(bb) should sign and adhere to a `Counterterrorism
Pledge' and a list of `Interdiction Principles', to be
determined by the parties to the agreement;
``(cc) should identify assets and agree to multilateral
efforts that maximizes the country's strengths and resources
to address and interdict acts of international terrorism or
the financing of such acts;
``(dd) should agree to joint training exercises among the
other parties to the agreement; and
``(ee) should agree to the negotiation and implementation
of other relevant international agreements and consensus-
based international standards; and
``(II) an international agreement referred to in clause (i)
should contain provisions that require the parties to the
agreement--
``(aa) to identify regions throughout the world that are
emerging terrorist threats;
``(bb) to establish terrorism interdiction centers in such
regions and other regions, as appropriate;
``(cc) to deploy terrorism prevention teams to such
regions, including United States-led teams; and
``(dd) to integrate intelligence, military, and law
enforcement personnel from countries that are parties to the
agreement in order to work directly with the regional centers
described in item (bb) and regional teams described in item
(cc).''.
SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DETENTION AND
HUMANE TREATMENT OF CAPTURED TERRORISTS.
It is the sense of Congress that the President should
pursue by all appropriate diplomatic means with countries
that are participating in the Coalition to fight terrorism
the development of an effective approach toward the detention
and humane treatment of captured terrorists. The effective
approach referred to in this section may, as appropriate,
draw on Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva on August 12, 1949 (6 UST
3316).
Subtitle B--Prevent the Continued Growth of Terrorism
CHAPTER 1--UNITED STATES PUBLIC DIPLOMACY
SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC DIPLOMACY
STRATEGY.
(a) In General.--The Secretary of State, in coordination
with all appropriate Federal agencies, shall submit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate an annual assessment of the impact of public diplomacy
efforts on target audiences. Each assessment shall review the
United States public diplomacy strategy worldwide and by
region, including an examination of the allocation of
resources and an evaluation and assessment of the progress
in, and barriers to, achieving the goals set forth under
previous plans submitted under this section. Not later than
March 15 of every year, the Secretary shall submit the
assessment required by this subsection.
(b) Further Action.-- On the basis of such review, the
Secretary, in coordination with all appropriate Federal
agencies, shall submit, as part of the annual budget
submission, a public diplomacy strategy plan which specifies
goals, agency responsibilities, and necessary resources and
mechanisms for achieving such goals during the next fiscal
year. The plan may be submitted in classified form.
SEC. 4022. PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy.--It should be the policy of the
United States:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent
role in the formulation of public diplomacy strategies for
the countries and regions to which they are assigned and
should be accountable for the operation and success of public
diplomacy efforts at their posts.
(3) Initial and subsequent training of Foreign Service
officers should be enhanced to include information and
training on public diplomacy and the tools and technology of
mass communication.
(b) Personnel.--
(1) Qualifications.--In the recruitment, training, and
assignment of members of the Foreign Service, the Secretary
of State shall emphasize the importance of public diplomacy
and applicable skills and techniques. The Secretary shall
consider the priority recruitment into the Foreign Service,
at middle-level entry, of individuals with expertise and
professional experience in public diplomacy, mass
communications, or journalism. The Secretary shall give
special consideration to individuals with language facility
and experience in particular countries and regions.
(2) Languages of special interest.--The Secretary of State
shall seek to increase the number of Foreign Service officers
proficient in languages spoken in predominantly Muslim
countries. Such increase shall be accomplished through the
recruitment of new officers and incentives for officers in
service.
SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM COUNTRIES.
(a) Declaration of Policy.--Congress declares that the
United States should commit to a long-term and sustainable
investment in promoting engagement with people of all levels
of society in countries with predominantly Muslim
populations, particularly with youth and those who influence
youth. Such an investment should make use of the talents and
resources in the private sector and should include programs
to increase the number of people who can be exposed to the
United States and its fundamental ideas and values in order
to dispel misconceptions. Such programs should include youth
exchange programs, young ambassadors programs, international
visitor programs, academic and cultural exchange programs,
American Corner programs, library programs, journalist
exchange programs, sister city programs, and other programs
related to people-to-people diplomacy.
(b) Sense of Congress.--It is the sense of Congress that
the United States should significantly increase its
investment in the people-to-people programs described in
subsection (a).
SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION IN FOREIGN
SERVICE.
(a) In General.--Section 603(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4003(b)) is amended by adding at the end
the following new sentences: ``The precepts for such
selection boards shall also consider whether the member of
the Service or the member of the Senior Foreign Service, as
the case may be, has served in at least one position in which
the primary responsibility of such member was related to
public diplomacy. A member may not be promoted into or within
the Senior Foreign Service if such member has not served in
at least one such position.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2009.
CHAPTER 2--UNITED STATES MULTILATERAL DIPLOMACY
SEC. 4031. PURPOSE.
It is the purpose of this chapter to strengthen United
States leadership and effectiveness at international
organizations and multilateral institutions.
SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.
(a) In General.--The President, acting through the
Secretary of State and the relevant United States chiefs of
mission, shall--
(1) continue to strongly support and seek to expand the
work of the democracy caucus at the United Nations General
Assembly and the United Nations Human Rights Commission; and
(2) seek to establish a democracy caucus at the United
Nations Conference on Disarmament and at other broad-based
international organizations.
(b) Purposes of the Caucus.--A democracy caucus at an
international organization should--
(1) forge common positions, including, as appropriate, at
the ministerial level, on matters of concern before the
organization and work within and across regional lines to
promote agreed positions;
(2) work to revise an increasingly outmoded system of
membership selection, regional voting, and decision making;
and
(3) establish a rotational leadership agreement to provide
member countries an opportunity, for a set period of time, to
serve as the designated president of the caucus, responsible
for serving as its voice in each organization.
[[Page H8765]]
SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL
ORGANIZATIONS.
(a) United States Policy.--The President, acting through
the Secretary of State, the relevant United States chiefs of
mission, and, where appropriate, the Secretary of the
Treasury, shall use the voice, vote, and influence of the
United States to--
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases, for membership, at all United
Nations bodies and at other international organizations and
multilateral institutions to which the United States is a
member so as to exclude countries that violate the principles
of the specific organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions of
which the United States is a member that a member country may
not stand in nomination for membership or in nomination or in
rotation for a leadership position in such bodies if the
member country is subject to sanctions imposed by the United
Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotation
for a leadership position in such organizations, or for
membership on the United Nations Security Council, if the
member country is subject to a determination under section
6(j)(1)(A) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d)
of the Arms Export Control Act (22 U.S.C. 2780(d)).
(b) Report to Congress.--Not later than 15 days after a
country subject to a determination under one or more of the
provisions of law specified in subsection (a)(3) is selected
for membership or a leadership post in an international
organization of which the United States is a member or for
membership on the United Nations Security Council, the
Secretary of State shall submit to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate a report on
any steps taken pursuant to subsection (a)(3).
SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.
(a) Training Programs.--Section 708 of the Foreign Service
Act of 1980 (22 U.S.C. 4028) is amended by adding at the end
the following new subsection:
``(c) Training in Multilateral Diplomacy.--
``(1) In general.--The Secretary shall establish a series
of training courses for officers of the Service, including
appropriate chiefs of mission, on the conduct of diplomacy at
international organizations and other multilateral
institutions and at broad-based multilateral negotiations of
international instruments.
``(2) Particular programs.--The Secretary shall ensure that
the training described in paragraph (1) is provided at
various stages of the career of members of the service. In
particular, the Secretary shall ensure that after January 1,
2006--
``(A) officers of the Service receive training on the
conduct of diplomacy at international organizations and other
multilateral institutions and at broad-based multilateral
negotiations of international instruments as part of their
training upon entry into the Service; and
``(B) officers of the Service, including chiefs of mission,
who are assigned to United States missions representing the
United States to international organizations and other
multilateral institutions or who are assigned in Washington,
D.C., to positions that have as their primary responsibility
formulation of policy towards such organizations and
institutions or towards participation in broad-based
multilateral negotiations of international instruments,
receive specialized training in the areas described in
paragraph (1) prior to beginning of service for such
assignment or, if receiving such training at that time is not
practical, within the first year of beginning such
assignment.''.
(b) Training for Civil Service Employees.--The Secretary
shall ensure that employees of the Department of State who
are members of the civil service and who are assigned to
positions described in section 708(c) of the Foreign Service
Act of 1980 (as amended by subsection (a)) receive training
described in such section.
(c) Conforming Amendments.--Section 708 of such Act is
further amended--
(1) in subsection (a), by striking ``(a) The'' and
inserting ``(a) Training on Human Rights.--The''; and
(2) in subsection (b), by striking ``(b) The'' and
inserting ``(b) Training on Refugee Law and Religious
Persecution.--The''.
SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON
MULTILATERAL NEGOTIATIONS.
(a) Establishment of Office.--The Secretary of State is
authorized to establish, within the Bureau of International
Organization Affairs, an Office on Multilateral Negotiations
to be headed by a Special Representative for Multilateral
Negotiations (in this section referred to as the ``Special
Representative'').
(b) Appointment.--The Special Representative shall be
appointed by the President and shall have the rank of
Ambassador-at-Large. At the discretion of the President
another official at the Department may serve as the Special
Representative.
(c) Staffing.--The Special Representative shall have a
staff of Foreign Service and civil service officers skilled
in multilateral diplomacy.
(d) Duties.--The Special Representative shall have the
following responsibilities:
(1) In general.--The primary responsibility of the Special
Representative shall be to assist in the organization of, and
preparation for, United States participation in multilateral
negotiations, including advocacy efforts undertaken by the
Department of State and other United States Government
agencies.
(2) Consultations.--The Special Representative shall
consult with Congress, international organizations,
nongovernmental organizations, and the private sector on
matters affecting multilateral negotiations.
(3) Advisory role.--The Special Representative shall advise
the Assistant Secretary for International Organization
Affairs and, as appropriate, the Secretary of State,
regarding advocacy at international organizations,
multilateral institutions, and negotiations, and shall make
recommendations regarding--
(A) effective strategies (and tactics) to achieve United
States policy objectives at multilateral negotiations;
(B) the need for and timing of high level intervention by
the President, the Secretary of State, the Deputy Secretary
of State, and other United States officials to secure support
from key foreign government officials for United States
positions at such organizations, institutions, and
negotiations; and
(C) the composition of United States delegations to
multilateral negotiations.
(4) Annual diplomatic missions of multilateral issues.--The
Special Representative, in coordination with the Assistant
Secretary for International Organization Affairs, shall
organize annual diplomatic missions to appropriate foreign
countries to conduct consultations between principal officers
responsible for advising the Secretary of State on
international organizations and high-level representatives of
the governments of such foreign countries to promote the
United States agenda at the United Nations General Assembly
and other key international fora (such as the United Nations
Human Rights Commission).
(5) Leadership and membership of international
organizations.--The Special Representative, in coordination
with the Assistant Secretary of International Organization
Affairs, shall direct the efforts of the United States to
reform the criteria for leadership of and membership in
international organizations as described in section 4033.
(6) Participation in multilateral negotiations.--The
Secretary of State may direct the Special Representative to
serve as a member of a United States delegation to any
multilateral negotiation.
(7) Coordination with the department of the treasury.--
(A) Coordination and consultation.--The Special
Representative shall coordinate and consult with the relevant
staff at the Department of the Treasury in order to prepare
recommendations for the Secretary of State regarding
multilateral negotiations involving international financial
institutions and other multilateral financial policymaking
bodies.
(B) Negotiating authority clarified.--Notwithstanding any
other provision of law, the Secretary of the Treasury shall
remain the lead representative and lead negotiator for the
United States within the international financial institutions
and other multilateral financial policymaking bodies.
(C) Definitions.--In this paragraph:
(i) International financial institutions.--The term
``international financial institutions'' has the meaning
given in section 1701(c)(2) of the International Financial
Institutions Act.
(ii) Other multilateral financial policymaking bodies.--The
term ``other multilateral financial policymaking bodies''
means--
(I) the Financial Action Task Force at the Organization for
Economic Cooperation and Development;
(II) the international network of financial intelligence
units known as the ``Egmont Group'';
(III) the United States, Canada, the United Kingdom,
France, Germany, Italy, Japan, and Russia, when meeting as
the Group of Eight; and
(IV) any other multilateral financial policymaking group in
which the Secretary of the Treasury represents the United
States.
(iii) Financial action task force.--The term ``Financial
Action Task Force'' means the international policy-making and
standard-setting body dedicated to combating money laundering
and terrorist financing that was created by the Group of
Seven (G-7) in 1989.
CHAPTER 3--OTHER PUBLIC DIPLOMACY PROVISIONS
SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-
SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM
COUNTRIES TO PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress finds the following:
(1) During the 2003-2004 school year, the Office of
Overseas Schools of the Department of State is financially
assisting 189 elementary and secondary schools in foreign
countries.
(2) American-sponsored elementary and secondary schools are
located in more than
[[Page H8766]]
20 countries with significant Muslim populations in the Near
East, Africa, South Asia, Central Asia, and East Asia.
(3) American-sponsored elementary and secondary schools
provide an American-style education in English, with
curricula that typically include an emphasis on the
development of critical thinking and analytical skills.
(b) Purpose.--The United States has an interest in
increasing the level of financial support provided to
American-sponsored elementary and secondary schools in
predominantly Muslim countries, in order to--
(1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby
gain at any early age an appreciation for the culture,
society, and history of the United States; and
(3) increase the number of young people who may thereby
improve their proficiency in the English language.
(c) Pilot Program Authorized.--The Secretary of State,
acting through the Director of the Office of Overseas Schools
of the Department of State, may conduct a pilot program to
make grants to American-sponsored elementary and secondary
schools in predominantly Muslim countries for the purpose of
providing full or partial merit-based scholarships to
students from lower- and middle-income families of such
countries to attend such schools.
(d) Determination of Eligible Students.--For purposes of
expending grant funds, an American-sponsored elementary and
secondary school that receives a grant under subsection (c)
is authorized to establish criteria to be implemented by such
school to determine what constitutes lower- and middle-income
families in the country (or region of the country, if
regional variations in income levels in the country are
significant) in which such school is located.
(e) Restriction on Use of Funds.--Amounts appropriated to
the Secretary of State pursuant to the authorization of
appropriations in subsection (h) shall be used for the sole
purpose of making grants under this section, and may not be
used for the administration of the Office of Overseas Schools
of the Department of State or for any other activity of the
Office.
(f) Voluntary Participation.--Nothing in this section shall
be construed to require participation in the pilot program by
an American-sponsored elementary or secondary school in a
predominantly Muslim country.
(g) Report.--Not later than April 15, 2006, the Secretary
shall submit to the Committee on International Relations of
the House of Representatives and the Committee on Foreign
Relations of the Senate a report on the pilot program. The
report shall assess the success of the program, examine any
obstacles encountered in its implementation, and address
whether it should be continued, and if so, provide
recommendations to increase its effectiveness.
(h) Funding.--There are authorized to be appropriated to
the Secretary of State such sums as may be necessary for each
of fiscal years 2005, 2006, and 2007 to carry out this
section.
SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.
(a) Findings.--Congress makes the following findings:
(1) Freedom of speech and freedom of the press are
fundamental human rights.
(2) The United States has a national interest in promoting
these freedoms by supporting free media abroad, which is
essential to the development of free and democratic societies
consistent with our own.
(3) Free media is undermined, endangered, or nonexistent in
many repressive and transitional societies around the world,
including in Eurasia, Africa, and the Middle East.
(4) Individuals lacking access to a plurality of free media
are vulnerable to misinformation and propaganda and are
potentially more likely to adopt anti-American views.
(5) Foreign governments have a responsibility to actively
and publicly discourage and rebut unprofessional and
unethical media while respecting journalistic integrity and
editorial independence.
(b) Statements of Policy.--It shall be the policy of the
United States, acting through the Secretary of State, to--
(1) ensure that the promotion of press freedoms and free
media worldwide is a priority of United States foreign policy
and an integral component of United States public diplomacy;
(2) respect the journalistic integrity and editorial
independence of free media worldwide; and
(3) ensure that widely accepted standards for professional
and ethical journalistic and editorial practices are employed
when assessing international media.
(c) Grants to Private Sector Group to Establish Media
Network.--
(1) In general.--Grants made available to the National
Endowment for Democracy (NED) pursuant to paragraph (3) shall
be used by NED to provide funding to a private sector group
to establish and manage a free and independent media network
in accordance with paragraph (2).
(2) Purpose.--The purpose of the network shall be to
provide an effective forum to convene a broad range of
individuals, organizations, and governmental participants
involved in journalistic activities and the development of
free and independent media to--
(A) fund a clearinghouse to collect and share information
concerning international media development and training;
(B) improve research in the field of media assistance and
program evaluation to better inform decisions regarding
funding and program design for government and private donors;
(C) explore the most appropriate use of existing means to
more effectively encourage the involvement of the private
sector in the field of media assistance; and
(D) identify effective methods for the development of a
free and independent media in societies in transition.
(3) Funding.--For grants made by the Department of State to
NED as authorized by the National Endowment for Democracy Act
(Pub. L. 98-164, 97 Stat. 1039), there are authorized to be
appropriated to the Secretary of State such sums as may be
necessary for each of fiscal years 2005, 2006, and 2007 to
carry out this section.
SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA COVERAGE
OF THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Biased or false media coverage of the United States and
its allies is a significant factor encouraging terrorist acts
against the people of the United States.
(2) Public diplomacy efforts designed to encourage an
accurate understanding of the people of the United States and
the policies of the United States are unlikely to succeed if
foreign publics are subjected to unrelenting biased or false
local media coverage of the United States.
(3) Where freedom of the press exists in foreign countries
the United States can combat biased or false media coverage
by responding in the foreign media or by communicating
directly to foreign publics in such countries.
(4) Foreign governments which encourage biased or false
media coverage of the United States bear a significant degree
of responsibility for creating a climate within which
terrorism can flourish. Such governments are responsible for
encouraging biased or false media coverage if they--
(A) issue direct or indirect instructions to the media to
publish biased or false information regarding the United
States;
(B) make deliberately biased or false charges expecting
that such charges will be disseminated; or
(C) so severely constrain the ability of the media to
express criticism of any such government that one of the few
means of political expression available is criticism of the
United States.
(b) Statements of Policy.--
(1) Foreign governments.--It shall be the policy of the
United States to regard foreign governments as knowingly
engaged in unfriendly acts toward the United States if such
governments--
(A) instruct their state-owned or influenced media to
include content that is anti-American or prejudicial to the
foreign and security policies of the United States; or
(B) make deliberately false charges regarding the United
States or permit false or biased charges against the United
States to be made while constraining normal political
discourse.
(2) Seeking media access; responding to false charges.--It
shall be the policy of the United States to--
(A) seek access to the media in foreign countries on terms
no less favorable than those afforded any other foreign
entity or on terms available to the foreign country in the
United States; and
(B) combat biased or false media coverage in foreign
countries of the United States and its allies by responding
in the foreign media or by communicating directly to foreign
publics.
(c) Responsibilities Regarding Biased or False Media
Coverage.--
(1) Secretary of state.--The Secretary of State shall
instruct chiefs of mission to report on and combat biased or
false media coverage originating in or received in foreign
countries to which such chiefs are posted. Based on such
reports and other information available to the Secretary, the
Secretary shall prioritize efforts to combat such media
coverage, giving special attention to audiences where
fostering popular opposition to terrorism is most important
and such media coverage is most prevalent.
(2) Chiefs of mission.--Chiefs of mission shall have the
following responsibilities:
(A) Chiefs of mission shall give strong priority to
combatting biased or false media reports in foreign countries
to which such chiefs are posted regarding the United States.
(B) Chiefs of mission posted to foreign countries in which
freedom of the press exists shall inform the governments of
such countries of the policies of the United States regarding
biased or false media coverage of the United States, and
shall make strong efforts to persuade such governments to
change policies that encourage such media coverage.
(d) Reports.--Not later than 120 days after the date of the
enactment of this Act and at least annually thereafter until
January 1, 2015, the Secretary shall submit to the Committee
on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
regarding the major themes of biased or false media coverage
of the United States in foreign countries, the actions taken
to persuade foreign governments to change policies that
encourage such media coverage (and the results of such
actions), and any other actions
[[Page H8767]]
taken to combat such media coverage in foreign countries.
SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the strategy of the United States to
expand its outreach to foreign Muslim audiences through
broadcast media.
(b) Content.--The report required under subsection (a)
shall contain the following:
(1) An assessment of the Broadcasting Board of Governors
and the public diplomacy activities of the Department of
State with respect to outreach to foreign Muslim audiences
through broadcast media.
(2) An outline of recommended actions that the United
States should take to more regularly and comprehensively
present a United States point of view through indigenous
broadcast media in countries with sizeable Muslim
populations, including increasing appearances by United
States Government officials, experts, and citizens.
(3) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to
dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in Muslim
countries in order to present those programs to a much
broader Muslim audience than is currently reached.
(4) An assessment of providing a training program in media
and press affairs for members of the Foreign Service.
SEC. 4045. OFFICE RELOCATION.
As soon as practicable after the date of the enactment of
this Act, the Secretary of State shall take such actions as
are necessary to consolidate within the Harry S. Truman
Building all offices of the Department of State that are
responsible for the conduct of public diplomacy, including
the Bureau of Educational and Cultural Affairs.
SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOCRACIES FOR
MUSLIM COUNTRIES.
(a) Sense of Congress.--It is the sense of Congress that
the United States--
(1) should work with the Community of Democracies to
discuss, develop, and refine policies and assistance programs
to support and promote political, economic, judicial,
educational, and social reforms in Muslim countries;
(2) should, as part of that effort, secure support to
require countries seeking membership in the Community of
Democracies to be in full compliance with the Community's
criteria for participation, as established by the Community's
Convening Group, should work to ensure that the criteria are
part of a legally binding document, and should urge other
donor countries to use compliance with the criteria as a
basis for determining diplomatic and economic relations
(including assistance programs) with such participating
countries; and
(3) should seek support for international contributions to
the Community of Democracies and should seek authority for
the Community's Convening Group to oversee adherence and
compliance of participating countries with the criteria.
(b) Middle East Partnership Initiative and Broader Middle
East and North Africa Initiative.--Amounts made available to
carry out the Middle East Partnership Initiative and the
Broader Middle East and North Africa Initiative may be made
available to the Community of Democracies in order to
strengthen and expand its work with Muslim countries.
(c) Report.--The Secretary of State shall include in the
annual report entitled ``Supporting Human Rights and
Democracy: The U.S. Record'' a description of efforts by the
Community of Democracies to support and promote political,
economic, judicial, educational, and social reforms in Muslim
countries and the extent to which such countries meet the
criteria for participation in the Community of Democracies.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
SEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation.--Section 219(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is
amended--
(1) in subparagraph (A)--
(A) by striking ``Subject to paragraphs (5) and (6), a''
and inserting ``A''; and
(B) by striking ``for a period of 2 years beginning on the
effective date of the designation under paragraph (2)(B)''
and inserting ``until revoked under paragraph (5) or (6) or
set aside pursuant to subsection (c)'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Review of designation upon petition.--
``(i) In general.--The Secretary shall review the
designation of a foreign terrorist organization under the
procedures set forth in clauses (iii) and (iv) if the
designated organization files a petition for revocation
within the petition period described in clause (ii).
``(ii) Petition period.--For purposes of clause (i)--
``(I) if the designated organization has not previously
filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date on which the
designation was made; or
``(II) if the designated organization has previously filed
a petition for revocation under this subparagraph, the
petition period begins 2 years after the date of the
determination made under clause (iv) on that petition.
``(iii) Procedures.--Any foreign terrorist organization
that submits a petition for revocation under this
subparagraph must provide evidence in that petition that the
relevant circumstances described in paragraph (1) are
sufficiently different from the circumstances that were the
basis for the designation such that a revocation with respect
to the organization is warranted.
``(iv) Determination.--
``(I) In general.--Not later than 180 days after receiving
a petition for revocation submitted under this subparagraph,
the Secretary shall make a determination as to such
revocation.
``(II) Classified information.--The Secretary may consider
classified information in making a determination in response
to a petition for revocation. Classified information shall
not be subject to disclosure for such time as it remains
classified, except that such information may be disclosed to
a court ex parte and in camera for purposes of judicial
review under subsection (c).
``(III) Publication of determination.--A determination made
by the Secretary under this clause shall be published in the
Federal Register.
``(IV) Procedures.--Any revocation by the Secretary shall
be made in accordance with paragraph (6).''; and
(3) by adding at the end the following:
``(C) Other review of designation.--
``(i) In general.--If in a 6-year period no review has
taken place under subparagraph (B), the Secretary shall
review the designation of the foreign terrorist organization
in order to determine whether such designation should be
revoked pursuant to paragraph (6).
``(ii) Procedures.--If a review does not take place
pursuant to subparagraph (B) in response to a petition for
revocation that is filed in accordance with that
subparagraph, then the review shall be conducted pursuant to
procedures established by the Secretary. The results of such
review and the applicable procedures shall not be reviewable
in any court.
``(iii) Publication of results of review.--The Secretary
shall publish any determination made pursuant to this
subparagraph in the Federal Register.''.
(b) Aliases.--Section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) is 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) Amendments to a Designation.--
``(1) In general.--The Secretary may amend a designation
under this subsection if the Secretary finds that the
organization has changed its name, adopted a new alias,
dissolved and then reconstituted itself under a different
name or names, or merged with another organization.
``(2) Procedure.--Amendments made to a designation in
accordance with paragraph (1) shall be effective upon
publication in the Federal Register. Subparagraphs (B) and
(C) of subsection (a)(2) shall apply to an amended
designation upon such publication. Paragraphs (2)(A)(i), (4),
(5), (6), (7), and (8) of subsection (a) shall also apply to
an amended designation.
``(3) Administrative record.--The administrative record
shall be corrected to include the amendments as well as any
additional relevant information that supports those
amendments.
``(4) Classified information.--The Secretary may consider
classified information in amending a designation in
accordance with this subsection. Classified information shall
not be subject to disclosure for such time as it remains
classified, except that such information may be disclosed to
a court ex parte and in camera for purposes of judicial
review under subsection (c).''.
(c) Technical and Conforming Amendments.--Section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189) is
amended--
(1) in subsection (a)--
(A) in paragraph (3)(B), by striking ``subsection (b)'' and
inserting ``subsection (c)'';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by striking ``or a
redesignation made under paragraph (4)(B)'' and inserting
``at any time, and shall revoke a designation upon completion
of a review conducted pursuant to subparagraphs (B) and (C)
of paragraph (4)''; and
(ii) in clause (i), by striking ``or redesignation'';
(C) in paragraph (7), by striking ``, or the revocation of
a redesignation under paragraph (6),''; and
(D) in paragraph (8)--
(i) by striking ``, or if a redesignation under this
subsection has become effective under paragraph (4)(B),'';
and
(ii) by striking ``or redesignation''; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking ``of the designation in
the Federal Register,'' and all that follows through ``review
of the designation'' and inserting ``in the Federal Register
of a designation, an amended designation, or a determination
in response to a petition for revocation, the designated
organization may seek judicial review'';
(B) in paragraph (2), by inserting ``, amended designation,
or determination in response to a petition for revocation''
after ``designation'';
[[Page H8768]]
(C) in paragraph (3), by inserting ``, amended designation,
or determination in response to a petition for revocation''
after ``designation''; and
(D) in paragraph (4), by inserting ``, amended designation,
or determination in response to a petition for revocation''
after ``designation'' each place that term appears.
(d) Savings Provision.--For purposes of applying section
219 of the Immigration and Nationality Act on or after the
date of enactment of this Act, the term ``designation'', as
used in that section, includes all redesignations made
pursuant to section 219(a)(4)(B) of the Immigration and
Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to the date of
enactment of this Act, and such redesignations shall continue
to be effective until revoked as provided in paragraph (5) or
(6) of section 219(a) of the Immigration and Nationality Act
(8 U.S.C. 1189(a)).
SEC. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY
REPORTS ON TERRORISM OF INFORMATION ON
TERRORIST GROUPS THAT SEEK WEAPONS OF MASS
DESTRUCTION AND GROUPS THAT HAVE BEEN
DESIGNATED AS FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports.--Section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``any terrorist group known to have
obtained or developed, or to have attempted to obtain or
develop, weapons of mass destruction,'' after ``during the
preceding five years,''; and
(B) by inserting ``any group designated by the Secretary as
a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),'' after
``Export Administration Act of 1979,'';
(2) in subsection (b)(1)(C)(iii), by striking ``and'' at
the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following new
clause:
``(iv) providing weapons of mass destruction, or assistance
in obtaining or developing such weapons, to terrorists or
terrorist groups; and''; and
(4) in subsection (b)(3) (as redesignated by section
4002(b)(2)(B) of this Act)--
(A) by redesignating subparagraphs (C), (D), and (E) as
(D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following new
subparagraph:
``(C) efforts by those groups to obtain or develop weapons
of mass destruction;''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply beginning with the first report under section 140
of the Foreign Relations Authorization Act, Fiscal Years 1988
and 1989 (22 U.S.C. 2656f), submitted more than one year
after the date of the enactment of this Act.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
SEC. 4061. SHORT TITLE.
This subtitle may be cited as the ``Afghanistan Freedom
Support Act Amendments of 2004''.
SEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANISTAN.
(a) Findings.--Congress finds that--
(1) the Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the
provision of United States assistance to Afghanistan for
being too inflexible; and
(2) the Afghanistan Freedom Support Act of 2002 (Public Law
107-327; 22 U.S.C. 7501 et seq.) contains provisions that
provide for flexibility in the provision of assistance for
Afghanistan and are not subject to the requirements of
typical foreign assistance programs and provide for the
designation of a coordinator to oversee United States
assistance for Afghanistan.
(b) Designation of Coordinator.--Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a))
is amended in the matter preceding paragraph (1) by striking
``is strongly urged to'' and inserting ``shall''.
(c) Other Matters.--Section 104 of such Act (22 U.S.C.
7514) is amended by adding at the end the following:
``(c) Program Plan.--The coordinator designated under
subsection (a) shall annually submit to the Committees on
International Relations and Appropriations of the House of
Representatives and the Committees on Foreign Relations and
Appropriations of the Senate the Administration's plan for
assistance to Afghanistan together with a description of such
assistance in prior years.
``(d) Coordination With International Community.--The
coordinator designated under subsection (a) shall work with
the international community and the Government of Afghanistan
to ensure that assistance to Afghanistan is implemented in a
coherent, consistent, and efficient manner to prevent
duplication and waste. The coordinator designated under
subsection (a) shall work through the Secretary of the
Treasury and the United States Executive Directors at the
international financial institutions in order to effectuate
these responsibilities within the international financial
institutions. The term `international financial institution'
has the meaning given in section 1701(c)(2) of the
International Financial Institutions Act.''.
SEC. 4063. GENERAL PROVISIONS RELATING TO THE AFGHANISTAN
FREEDOM SUPPORT ACT OF 2002.
(a) Assistance to Promote Economic, Political and Social
Development.--
(1) Declaration of policy.--Congress reaffirms the
authorities contained in title I of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.; relating to
economic and democratic development assistance for
Afghanistan).
(2) Provision of assistance.--Section 103(a) of such Act
(22 U.S.C. 7513(a)) is amended in the matter preceding
paragraph (1) by striking ``section 512 of Public Law 107-115
or any other similar'' and inserting ``any other''.
(b) Declarations of Policy.--Congress makes the following
declarations:
(1) The United States reaffirms the support that it and
other countries expressed for the report entitled ``Securing
Afghanistan's Future'' in their Berlin Declaration of April
2004. The United States should help enable the growth needed
to create an economically sustainable Afghanistan capable of
the poverty reduction and social development foreseen in the
report.
(2) The United States supports the parliamentary elections
to be held in Afghanistan by April 2005 and will help ensure
that such elections are not undermined by warlords or
narcotics traffickers.
(3)(A) The United States continues to urge North Atlantic
Treaty Organization members and other friendly countries to
make much greater military contributions toward securing the
peace in Afghanistan.
(B) The United States should continue to lead in the
security domain by, among other things, providing logistical
support to facilitate those contributions.
(C) In coordination with the Government of Afghanistan, the
United States should urge others, and act itself, to increase
efforts to promote disarmament, demobilization, and
reintegration efforts, to enhance counternarcotics
activities, to expand deployments of Provincial
Reconstruction Teams, and to increase training of
Afghanistan's National Army and its police and border
security forces.
(c) Long-Term Strategy.--
(1) Strategy.--Title III of such Act (22 U.S.C. 7551 et
seq.) is amended by adding at the end the following:
``SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
``(a) Strategy.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Afghanistan Freedom Support Act
Amendments of 2004, the President shall formulate and
transmit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign
Relations of the Senate a 5-year strategy for Afghanistan
that includes specific and measurable goals, timeframes for
accomplishing such goals, and specific resource levels
necessary for accomplishing such goals for addressing the
long-term development and security needs of Afghanistan,
including sectors such as agriculture and irrigation,
parliamentary and democratic development, the judicial system
and rule of law, human rights, education, health,
telecommunications, electricity, women's rights,
counternarcotics, police, border security, anti-corruption,
and other law-enforcement activities.
``(2) Additional requirement.--The strategy shall also
delineate responsibilities for achieving such goals and
identify and address possible external factors that could
significantly affect the achievement of such goals.
``(b) Implementation.--Not later than 30 days after the
date of the transmission of the strategy required by
subsection (a), the Secretary of State, the Administrator of
the United States Agency for International Development, and
the Secretary of Defense shall submit to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate a written 5-
year action plan to implement the strategy developed pursuant
to subsection (a). Such action plan shall include a
description and schedule of the program evaluations that will
monitor progress toward achieving the goals described in
subsection (a).
``(c) Review.--The Secretary of State, the Administrator of
the United States Agency for International Development, and
the Secretary of Defense shall carry out an annual review of
the strategy required by subsection (a) and the action plan
required by subsection (b).
``(d) Monitoring.--The report required by section 206(c)(2)
of this Act shall include--
``(1) a description of progress toward implementation of
both the strategy required by subsection (a) and the action
plan required by subsection (b); and
``(2) a description of any changes to the strategy or
action plan since the date of the submission of the last
report required by such section.''.
(2) Clerical amendment.--The table of contents for such Act
(22 U.S.C. 7501 note) is amended by adding after the item
relating to section 303 the following:
``Sec. 304. Formulation of long-term strategy for Afghanistan.''.
SEC. 4064. RULE OF LAW AND RELATED ISSUES.
Section 103(a)(5)(A) of the Afghanistan Freedom Support Act
of 2002 (22 U.S.C. 7513(a)(5)(A)) is amended--
(1) in clause (v), to read as follows:
``(v) support for the activities of the Government of
Afghanistan to develop modern
[[Page H8769]]
legal codes and court rules, to provide for the creation of
legal assistance programs, and other initiatives to promote
the rule of law in Afghanistan;'';
(2) in clause (xii), to read as follows:
``(xii) support for the effective administration of justice
at the national, regional, and local levels, including
programs to improve penal institutions and the rehabilitation
of prisoners, to establish a responsible and community-based
police force, and to rehabilitate or construct courthouses
and detention facilities;''; and
(3) in clause (xiii), by striking ``and'' at the end;
(4) in clause (xiv), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following:
``(xv) assistance for the protection of Afghanistan's
culture, history, and national identity, including with the
rehabilitation of Afghanistan's museums and sites of cultural
significance.''.
SEC. 4065. MONITORING OF ASSISTANCE.
Section 108 of the Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7518) is amended by adding at the end the
following:
``(c) Monitoring of Assistance for Afghanistan.--
``(1) Report.--The Secretary of State, in consultation with
the Administrator for the United States Agency for
International Development, shall submit to the Committee on
International Relations of the House of Representatives and
the Committee on Foreign Relations of the Senate a report on
the obligations and expenditures of United States assistance
for Afghanistan from all United States Government agencies.
The first report under this paragraph shall be submitted not
later than January 15, 2005, and subsequent reports shall be
submitted every six months thereafter and may be included in
the report required by section 206(c)(2) of this Act.
``(2) Submission of information for report.--The head of
each United States Government agency referred to in paragraph
(1) shall provide on a timely basis to the Secretary of State
such information as the Secretary may reasonably require to
allow the Secretary to prepare and submit the report required
by such paragraph.''.
SEC. 4066. UNITED STATES POLICY TO SUPPORT DISARMAMENT OF
PRIVATE MILITIAS AND TO SUPPORT EXPANSION OF
INTERNATIONAL PEACEKEEPING AND SECURITY
OPERATIONS IN AFGHANISTAN.
(a) Disarmament of Private Militias.--Section 103 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513) is
amended by adding at the end the following:
``(d) United States Policy Relating to Disarmament of
Private Militias.--
``(1) In general.--It shall be the policy of the United
States to take immediate steps to provide active support for
the disarmament, demobilization, and reintegration of armed
soldiers, particularly child soldiers, in Afghanistan, in
close consultation with the President of Afghanistan.
``(2) Report.--The report required by section 206(c)(2) of
this Act shall include a description of the progress to
implement paragraph (1).''.
(b) International Peacekeeping and Security Operations.--
Section 103 of such Act (22 U.S.C. 7513(d)), as amended by
subsection (a), is further amended by adding at the end the
following:
``(e) United States Policy Relating to International
Peacekeeping and Security Operations.--It shall be the policy
of the United States to make every effort to support the
expansion of international peacekeeping and security
operations in Afghanistan in order to--
``(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting
opium production; and
``(2) safeguard highways in order to allow the free flow of
commerce and to allow material assistance to the people of
Afghanistan, and aid personnel in Afghanistan, to move more
freely.''.
SEC. 4067. EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN.
Section 206(d)(1) of the Afghanistan Freedom Support Act of
2002 (22 U.S.C. 7536(d)(1)) is amended to read as follows:
``(1) Efforts to expand international peacekeeping and
security operations in afghanistan.--
``(A) Efforts.--The President shall encourage, and, as
authorized by law, enable other countries to actively
participate in expanded international peacekeeping and
security operations in Afghanistan, especially through the
provision of military personnel for extended periods of time.
``(B) Reports.--The President shall prepare and transmit to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on efforts carried out pursuant to
subparagraph (A). The first report under this subparagraph
shall be transmitted not later than 60 days after the date of
the enactment of the Afghanistan Freedom Support Act
Amendments of 2004 and subsequent reports shall be
transmitted every six months thereafter and may be included
in the report required by subsection (c)(2).''.
SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
AFGHANISTAN.
(a) Counternarcotics Efforts.--The Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended--
(1) by redesignating--
(A) title III as title IV; and
(B) sections 301 through 305 as sections 401 through 405,
respectively; and
(2) by inserting after title II the following:
``TITLE III--PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
AFGHANISTAN
``SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EFFORTS.
``In addition to programs established pursuant to section
103(a)(3) of this Act or other similar programs, the
President is authorized and encouraged to implement specific
initiatives to assist in the eradication of poppy cultivation
and the disruption of heroin production in Afghanistan, such
as--
``(1) promoting alternatives to poppy cultivation,
including the introduction of high value crops that are
suitable for export and the provision of appropriate
technical assistance and credit mechanisms for farmers;
``(2) enhancing the ability of farmers to bring legitimate
agricultural goods to market;
``(3) notwithstanding section 660 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2420), assistance, including nonlethal
equipment, training (including training in internationally
recognized standards of human rights, the rule of law, anti-
corruption, and the promotion of civilian police roles that
support democracy), and payments, during fiscal years 2006
through 2008, for salaries for special counternarcotics
police and supporting units;
``(4) training the Afghan National Army in counternarcotics
activities; and
``(5) creating special counternarcotics courts,
prosecutors, and places of incarceration.
``SEC. 302. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-
DRUG EFFORTS IN AFGHANISTAN.
``(a) Sense of Congress.--It is the sense of Congress
that--
``(1) the President should make the substantial reduction
of illegal drug production and trafficking in Afghanistan a
priority in the Global War on Terrorism;
``(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal
agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved in
counter-drug activities to assist in providing a secure
environment for counter-drug personnel in Afghanistan; and
``(3) the United States, in conjunction with the Government
of Afghanistan and coalition partners, should undertake
additional efforts to reduce illegal drug trafficking and
related activities that provide financial support for
terrorist organizations in Afghanistan and neighboring
countries.
``(b) Report Required.--(1) The Secretary of Defense and
the Secretary of State shall jointly prepare a report that
describes--
``(A) the progress made towards substantially reducing
poppy cultivation and heroin production capabilities in
Afghanistan; and
``(B) the extent to which profits from illegal drug
activity in Afghanistan are used to financially support
terrorist organizations and groups seeking to undermine the
Government of Afghanistan.
``(2) The report required by this subsection shall be
submitted to Congress not later than 120 days after the date
of the enactment of the 9/11 Recommendations Implementation
Act.''.
(b) Clerical Amendments.--The table of contents for such
Act (22 U.S.C. 7501 note) is amended--
(1) by redesignating--
(A) the item relating to title III as the item relating to
title IV; and
(B) the items relating to sections 301 through 305 as the
items relating to sections 401 through 405; and
(2) by inserting after the items relating to title II the
following:
``TITLE III--PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
AFGHANISTAN
``Sec. 301. Assistance for counternarcotics efforts.
``Sec. 302. Sense of Congress and report regarding counter-drug efforts
in Afghanistan.''.
SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANISTAN FREEDOM
SUPPORT ACT OF 2002.
(a) Technical Amendment.--Section 103(a)(7)(A)(xii) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(7)(A)(xii)) is amended by striking ``National'' and
inserting ``Afghan Independent''.
(b) Reporting Requirement.--Section 206(c)(2) of such Act
(22 U.S.C. 7536(c)(2)) is amended in the matter preceding
subparagraph (A) by striking ``2007'' and inserting ``2012''.
SEC. 4070. REPEAL.
Section 620D of the Foreign Assistance Act of 1961 (22
U.S.C. 2374; relating to prohibition on assistance to
Afghanistan) is hereby repealed.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATIONSHIP WITH
SAUDI ARABIA.
(a) Sense of Congress.--It is the sense of Congress that
the relationship between the United States and Saudi Arabia
should include a more robust dialogue between the
[[Page H8770]]
people and Government of the United States and the people and
Government of Saudi Arabia in order to provide for a
reevaluation of, and improvements to, the relationship by
both sides.
(b) Report.--
(1) In general.-- Not later than one year after the date of
the enactment of this Act, the President shall transmit to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the
Senate a strategy for collaboration with the people and
Government of Saudi Arabia on subjects of mutual interest and
importance to the United States.
(2) Contents.--The strategy required under paragraph (1)
shall include the following provisions:
(A) A framework for security cooperation in the fight
against terrorism, with special reference to combating
terrorist financing and an examination of the origins of
modern terrorism.
(B) A framework for political and economic reform in Saudi
Arabia and throughout the Middle East.
(C) An examination of steps that should be taken to reverse
the trend toward extremism in Saudi Arabia and other Muslim
countries and throughout the Middle East.
(D) A framework for promoting greater tolerance and respect
for cultural and religious diversity in Saudi Arabia and
throughout the Middle East.
(3) Form.--The strategy required by this subsection may
contain a classified annex.
SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE OF
PAKISTAN.
(a) Sense of Congress.--It is the sense of Congress that
the United States should, over a long-term period, help to
ensure a promising, stable, and secure future for Pakistan,
and should in particular provide assistance to encourage and
enable Pakistan--
(1) to continue and improve upon its commitment to
combating extremists;
(2) to seek to resolve any outstanding difficulties with
its neighbors and other countries in its region;
(3) to continue to make efforts to fully control its
territory and borders;
(4) to progress towards becoming a more effective and
participatory democracy;
(5) to participate more vigorously in the global
marketplace and to continue to modernize its economy;
(6) to take all necessary steps to halt the spread of
weapons of mass destruction;
(7) to continue to reform its education system; and
(8) to, in other ways, implement a general strategy of
moderation.
(b) Strategy.--Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to
Congress a detailed proposed strategy for the future, long-
term, engagement of the United States with Pakistan. The
strategy required by this subsection may contain a classified
annex.
SEC. 4083. EXTENSION OF PAKISTAN WAIVERS.
The Act entitled ``An Act to authorize the President to
exercise waivers of foreign assistance restrictions with
respect to Pakistan through September 30, 2003, and for other
purposes'', approved October 27, 2001 (Public Law 107-57; 115
Stat. 403), as amended by section 2213 of the Emergency
Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
106; 117 Stat. 1232), is further amended--
(1) in section 1(b)--
(A) in the heading, by striking ``Fiscal Year 2004'' and
inserting ``Fiscal Years 2005 and 2006''; and
(B) in paragraph (1), by striking ``2004'' and inserting
``2005 or 2006'';
(2) in section 3(2), by striking ``and 2004,'' and
inserting ``2004, 2005, and 2006''; and
(3) in section 6, by striking ``2004'' and inserting
``2006''.
Subtitle F--Oversight Provisions
SEC. 4091. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) Availability of Treaties and International
Agreements.--Section 112a of title 1, United States Code, is
amended by adding at the end the following:
``(d) The Secretary of State shall cause to be published in
slip form or otherwise made publicly available through the
Internet website of the Department of State each treaty or
international agreement proposed to be published in the
compilation entitled `United States Treaties and Other
International Agreements' not later than 180 days after the
date on which the treaty or agreement enters into force.''.
(b) Transmission to Congress.--Section 112b(a) of title 1,
United States Code (commonly referred to as the ``Case-
Zablocki Act''), is amended--
(1) in the first sentence, by striking ``has entered into
force'' and inserting ``has been signed or entered into
force''; and
(2) in the second sentence, by striking ``Committee on
Foreign Affairs'' and inserting ``Committee on International
Relations''.
(c) Report.--Section 112b of title 1, United States Code,
is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
``(d)(1) The Secretary of State shall submit to Congress on
an annual basis a report that contains an index of all
international agreements (including oral agreements), listed
by country, date, title, and summary of each such agreement
(including a description of the duration of activities under
the agreement and the agreement itself), that the United
States--
``(A) has signed, proclaimed, or with reference to which
any other final formality has been executed, or that has been
extended or otherwise modified, during the preceding calendar
year; and
``(B) has not been published, or is not proposed to be
published, in the compilation entitled `United States
Treaties and Other International Agreements'.
``(2) The report described in paragraph (1) may be
submitted in classified form.''.
(d) Determination of International Agreement.--Subsection
(e) of section 112b of title 1, United States Code, (as
redesignated) is amended--
(1) by striking ``(e) The Secretary of State'' and
inserting ``(e)(1) Subject to paragraph (2), the Secretary of
State''; and
(2) by adding at the end the following:
``(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than
subsection (c) of this section) irrespective of the duration
of activities under the arrangement or the arrangement
itself.
``(B) Arrangements that constitute an international
agreement within the meaning of this section (other than
subsection (c) of this section) include, but are not limited
to, the following:
``(i) A bilateral or multilateral counterterrorism
agreement.
``(ii) A bilateral agreement with a country that is subject
to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)),
section 620A(a) of the Foreign Assistance Act of 1961 (22
U.S.C. 2371(a)), or section 40(d) of the Arms Export Control
Act (22 U.S.C. 2780(d)).''.
(e) Enforcement of Requirements.--Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and
1989 is amended to read as follows:
``(b) Effective Date.--Subsection (a) shall take effect 60
days after the date of the enactment of the 9/11
Recommendations Implementation Act and shall apply during
fiscal years 2005, 2006, and 2007.''.
Subtitle G--Additional Protections of United States Aviation System
from Terrorist Attacks
SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM
DEPLOYMENT OF FEDERAL FLIGHT DECK OFFICERS.
The President is encouraged to pursue aggressively
international agreements with foreign governments to allow
the maximum deployment of Federal air marshals and Federal
flight deck officers on international flights.
SEC. 4102. FEDERAL AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended
by adding at the end the following:
``(d) Training for Foreign Law Enforcement Personnel.--
``(1) In general.--The Assistant Secretary for Immigration
and Customs Enforcement of the Department of Homeland
Security, after consultation with the Secretary of State, may
direct the Federal Air Marshal Service to provide appropriate
air marshal training to law enforcement personnel of foreign
countries.
``(2) Watchlist screening.--The Federal Air Marshal Service
may only provide appropriate air marshal training to law
enforcement personnel of foreign countries after comparing
the identifying information and records of law enforcement
personnel of foreign countries against appropriate records in
the consolidated and integrated terrorist watchlists of the
Federal Government.
``(3) Fees.--The Assistant Secretary shall establish
reasonable fees and charges to pay expenses incurred in
carrying out this subsection. Funds collected under this
subsection shall be credited to the account in the Treasury
from which the expenses were incurred and shall be available
to the Assistant Secretary for purposes for which amounts in
such account are available.''.
SEC. 4103. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export
Control.--
(1) To limit availability and transfer of manpads.--The
President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including
bilateral and multilateral treaties, in the appropriate forum
to limit the availability, transfer, and proliferation of
MANPADSs worldwide.
(2) To limit the proliferation of manpads.--The President
is encouraged to seek to enter into agreements with the
governments of foreign countries that, at a minimum, would--
(A) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-production
agreement, other than the entry into force of a manufacturing
license or co-production agreement with a country that is
party to such an agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any
component, part, accessory, or attachment thereof, without an
individual validated license; and
(C) prohibit the reexport or retransfer of a MANPADS,
including any component, part, accessory, or attachment
thereof, to a third person, organization, or government
unless the written consent of the government that approved
the original export or transfer is first obtained.
[[Page H8771]]
(3) To achieve destruction of manpads.--The President
should continue to pursue further strong international
diplomatic and cooperative efforts, including bilateral and
multilateral treaties, in the appropriate forum to assure the
destruction of excess, obsolete, and illicit stocks of
MANPADSs worldwide.
(4) Reporting and briefing requirement.--
(A) President's report.--Not later than 180 days after the
date of enactment of this Act, the President shall transmit
to the appropriate congressional committees a report that
contains a detailed description of the status of diplomatic
efforts under paragraphs (1), (2), and (3) and of efforts by
the appropriate United States agencies to comply with the
recommendations of the General Accounting Office set forth in
its report GAO-04-519, entitled ``Nonproliferation: Further
Improvements Needed in U.S. Efforts to Counter Threats from
Man-Portable Air Defense Systems''.
(B) Annual briefings.--Annually after the date of
submission of the report under subparagraph (A) and until
completion of the diplomatic and compliance efforts referred
to in subparagraph (A), the Secretary of State shall brief
the appropriate congressional committees on the status of
such efforts.
(b) FAA Airworthiness Certification of Missile Defense
Systems for Commercial Aircraft.--
(1) In general.--As soon as practicable, but not later than
the date of completion of Phase II of the Department of
Homeland Security's counter-man-portable air defense system
(MANPADS) development and demonstration program, the
Administrator of the Federal Aviation Administration shall
establish a process for conducting airworthiness and safety
certification of missile defense systems for commercial
aircraft certified as effective and functional by the
Department of Homeland Security. The process shall require a
certification by the Administrator that such systems can be
safely integrated into aircraft systems and ensure
airworthiness and aircraft system integrity.
(2) Certification acceptance.--Under the process, the
Administrator shall accept the certification of the
Department of Homeland Security that a missile defense system
is effective and functional to defend commercial aircraft
against MANPADSs.
(3) Expeditious certification.--Under the process, the
Administrator shall expedite the airworthiness and safety
certification of missile defense systems for commercial
aircraft certified by the Department of Homeland Security.
(4) Reports.--Not later than 90 days after the first
airworthiness and safety certification for a missile defense
system for commercial aircraft is issued by the
Administrator, and annually thereafter until December 31,
2008, the Federal Aviation Administration shall transmit to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
contains a detailed description of each airworthiness and
safety certification issued for a missile defense system for
commercial aircraft.
(c) Programs to Reduce MANPADS.--
(1) In general.--The President is encouraged to pursue
strong programs to reduce the number of MANPADSs worldwide so
that fewer MANPADSs will be available for trade,
proliferation, and sale.
(2) Reporting and briefing requirements.--Not later than
180 days after the date of enactment of this Act, the
President shall transmit to the appropriate congressional
committees a report that contains a detailed description of
the status of the programs being pursued under subsection
(a). Annually thereafter until the programs are no longer
needed, the Secretary of State shall brief the appropriate
congressional committees on the status of programs.
(3) Funding.--There are authorized to be appropriated such
sums as may be necessary to carry out this section.
(d) MANPADS Vulnerability Assessments Report.--
(1) In general.--Not later than one year after the date of
enactment of this Act, the Secretary of Homeland Security
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report describing the Department of Homeland
Security's plans to secure airports and the aircraft arriving
and departing from airports against MANPADSs attacks.
(2) Matters to be addressed.--The Secretary's report shall
address, at a minimum, the following:
(A) The status of the Department's efforts to conduct
MANPADSs vulnerability assessments at United States airports
at which the Department is conducting assessments.
(B) How intelligence is shared between the United States
intelligence agencies and Federal, State, and local law
enforcement to address the MANPADS threat and potential ways
to improve such intelligence sharing.
(C) Contingency plans that the Department has developed in
the event that it receives intelligence indicating a high
threat of a MANPADS attack on aircraft at or near United
States airports.
(D) The feasibility and effectiveness of implementing
public education and neighborhood watch programs in areas
surrounding United States airports in cases in which
intelligence reports indicate there is a high risk of MANPADS
attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) Format.--The report required by this subsection may be
submitted in a classified format.
(e) Definitions.--In this section, the following
definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
International Relations, and the Committee on Transportation
and Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and the Committee on Commerce, Science,
and Transportation of the Senate.
(2) MANPADS.--The term ``MANPADS'' means--
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; and
(B) any other surface-to-air missile system designed to be
operated and fired by more than one individual acting as a
crew and portable by several individuals.
Subtitle H--Improving International Standards and Cooperation to Fight
Terrorist Financing
SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS IN
MULTILATERAL ORGANIZATIONS.
(a) Findings.--The Congress finds as follows:
(1) The global war on terrorism and cutting off terrorist
financing is a policy priority for the United States and its
partners, working bilaterally and multilaterally through the
United Nations (UN), the UN Security Council and its
Committees, such as the 1267 and 1373 Committees, the
Financial Action Task Force (FATF) and various international
financial institutions, such as the International Monetary
Fund (IMF), the International Bank for Reconstruction and
Development (IBRD), and the regional multilateral development
banks, and other multilateral fora.
(2) The Secretary of the Treasury has engaged the
international financial community in the global fight against
terrorist financing. Specifically, the Department of the
Treasury helped redirect the focus of the Financial Action
Task Force on the new threat posed by terrorist financing to
the international financial system, resulting in the
establishment of the FATF's Eight Special Recommendations on
Terrorist Financing as the international standard on
combating terrorist financing. The Secretary of the Treasury
has engaged the Group of Seven and the Group of Twenty
Finance Ministers to develop action plans to curb the
financing of terror. In addition, other economic and regional
fora, such as the Asia-Pacific Economic Cooperation (APEC)
Forum, the Western Hemisphere Financial Ministers, have been
used to marshal political will and actions in support of
countering the financing of terrorism (CFT) standards.
(3) FATF's Forty Recommendations on Money Laundering and
the Eight Special Recommendations on Terrorist Financing are
the recognized global standards for fighting money laundering
and terrorist financing. The FATF has engaged in an
assessment process for jurisdictions based on their
compliance with these standards.
(4) In March 2004, the IMF and IBRD Boards agreed to make
permanent a pilot program of collaboration with the FATF to
assess global compliance with the FATF Forty Recommendations
on Money Laundering and the Eight Special Recommendations on
Terrorist Financing. As a result, anti-money laundering (AML)
and combating the financing of terrorism (CFT) assessments
are now a regular part of their Financial Sector Assessment
Progam (FSAP) and Offshore Financial Center assessments,
which provide for a comprehensive analysis of the strength of
a jurisdiction's financial system. These reviews assess
potential systemic vulnerabilities, consider sectoral
development needs and priorities, and review the state of
implementation of and compliance with key financial codes and
regulatory standards, among them the AML and CFT standards.
(5) To date, 70 FSAPs have been conducted, with over 24 of
those incorporating AML and CFT assessments. The
international financial institutions (IFIs), the FATF, and
the FATF-style regional bodies together are expected to
assess AML and CFT regimes in up to 40 countries or
jurisdictions per year. This will help countries and
jurisdictions identify deficiencies in their AML and CFT
regimes and help focus technical assistance (TA) efforts.
(6) TA programs from the United States and other nations,
coordinated with the Department of State and other
departments and agencies, are playing an important role in
helping countries and jurisdictions address shortcomings in
their AML and CFT regimes and bringing their regimes into
conformity with international standards. Training is
coordinated within the United States Government, which
leverages multilateral organizations and bodies and
international financial institutions to internationalize the
conveyance of technical assistance.
(7) In fulfilling its duties in advancing incorporation of
AML and CFT standards into the IFIs as part of the IFIs' work
on protecting the integrity of the international monetary
system, the Department of the
[[Page H8772]]
Treasury, under the guidance of the Secretary of the
Treasury, has effectively brought together all of the key
United States Government agencies. In particular, United
States Government agencies continue to work together to
foster broad support for this important undertaking in
various multilateral fora, and United States Government
agencies recognize the need for close coordination and
communication within our own government.
(b) Sense of the Congress.--It is the sense of the Congress
that the Secretary of the Treasury should continue to promote
the dissemination of international AML and CFT standards, and
to press for full implementation of the FATF 40 + 8
Recommendations by all countries in order to curb financial
risks and hinder terrorist financing around the globe.
SEC. 4112. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR
THE SECRETARY OF THE TREASURY.
(a) Reporting Requirements.--Section 1503(a) of the
International Financial Institutions Act (22 U.S.C. 262o-
2(a)) is amended by adding at the end the following new
paragraph:
``(15) Work with the International Monetary Fund to--
``(A) foster strong global anti-money laundering (AML) and
combat the financing of terrorism (CFT) regimes;
``(B) ensure that country performance under the Financial
Action Task Force anti-money laundering and counter-terrorist
financing standards is effectively and comprehensively
monitored;
``(C) ensure note is taken of AML and CFT issues in Article
IV reports, International Monetary Fund programs, and other
regular reviews of country progress;
``(D) ensure that effective AML and CFT regimes are
considered to be indispensable elements of sound financial
systems; and
``(E) emphasize the importance of sound AML and CFT regimes
to global growth and development.''.
(b) Testimony.--Section 1705(b) of such Act (22 U.S.C.
262r-4(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and'' and
(3) by adding at the end the following:
``(4) the status of implementation of international anti-
money laundering and counter-terrorist financing standards by
the International Monetary Fund, the multilateral development
banks, and other multilateral financial policymaking
bodies.''.
SEC. 4113. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the
Secretary as the lead United States Government official to
the Financial Action Task Force (FATF), shall continue to
convene the interagency United States Government FATF working
group. This group, which includes representatives from all
relevant federal agencies, shall meet at least once a year to
advise the Secretary on policies to be pursued by the United
States regarding the development of common international AML
and CFT standards, to assess the adequacy and implementation
of such standards, and to recommend to the Secretary improved
or new standards as necessary.
SEC. 4114. DEFINITIONS.
In this subtitle:
(1) International financial institutions.--The term
``international financial institutions'' has the meaning
given in section 1701(c)(2) of the International Financial
Institutions Act.
(2) Financial Action Task Force.--The term ``Financial
Action Task Force'' means the international policy-making and
standard-setting body dedicated to combating money laundering
and terrorist financing that was created by the Group of
Seven in 1989.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
SEC. 5001. SHORT TITLE.
This subtitle may be cited as the ``Faster and Smarter
Funding for First Responders Act of 2004''.
SEC. 5002. FINDINGS.
The Congress finds the following:
(1) In order to achieve its objective of minimizing the
damage, and assisting in the recovery, from terrorist
attacks, the Department of Homeland Security must play a
leading role in assisting communities to reach the level of
preparedness they need to respond to a terrorist attack.
(2) First responder funding is not reaching the men and
women of our Nation's first response teams quickly enough,
and sometimes not at all.
(3) To reform the current bureaucratic process so that
homeland security dollars reach the first responders who need
it most, it is necessary to clarify and consolidate the
authority and procedures of the Department of Homeland
Security that support first responders.
(4) Ensuring adequate resources for the new national
mission of homeland security, without degrading the ability
to address effectively other types of major disasters and
emergencies, requires a discrete and separate grant making
process for homeland security funds for first response to
terrorist acts, on the one hand, and for first responder
programs designed to meet pre-September 11 priorities, on the
other.
(5) While a discrete homeland security grant making process
is necessary to ensure proper focus on the unique aspects of
terrorism prevention, preparedness, and response, it is
essential that State and local strategies for utilizing such
grants be integrated, to the greatest extent practicable,
with existing State and local emergency management plans.
(6) Homeland security grants to first responders must be
based on the best intelligence concerning the capabilities
and intentions of our terrorist enemies, and that
intelligence must be used to target resources to the Nation's
greatest threats, vulnerabilities, and consequences.
(7) The Nation's first response capabilities will be
improved by sharing resources, training, planning, personnel,
and equipment among neighboring jurisdictions through mutual
aid agreements and regional cooperation. Such regional
cooperation should be supported, where appropriate, through
direct grants from the Department of Homeland Security.
(8) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the
establishment of well-defined national goals for terrorism
preparedness. These goals should delineate the essential
capabilities that every jurisdiction in the United States
should possess or to which it should have access.
(9) A national determination of essential capabilities is
needed to identify levels of State and local government
terrorism preparedness, to determine the nature and extent of
State and local first responder needs, to identify the human
and financial resources required to fulfill them, and to
direct funding to meet those needs and to measure
preparedness levels on a national scale.
(10) To facilitate progress in achieving, maintaining, and
enhancing essential capabilities for State and local first
responders, the Department of Homeland Security should seek
to allocate homeland security funding for first responders to
meet nationwide needs.
(11) Private sector resources and citizen volunteers can
perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated
into State and local planning efforts to ensure that their
capabilities and roles are understood, so as to provide
enhanced State and local operational capability and surge
capacity.
(12) Public-private partnerships, such as the partnerships
between the Business Executives for National Security and the
States of New Jersey and Georgia, can be useful to identify
and coordinate private sector support for State and local
first responders. Such models should be expanded to cover all
States and territories.
(13) An important aspect of essential capabilities is
measurability, so that it is possible to determine how
prepared a State or local government is now, and what
additional steps it needs to take, in order to respond to
acts of terrorism.
(14) The Department of Homeland Security should establish,
publish, and regularly update national voluntary consensus
standards for both equipment and training, in cooperation
with both public and private sector standard setting
organizations, to assist State and local governments in
obtaining the equipment and training to attain the essential
capabilities for first response to acts of terrorism, and to
ensure that first responder funds are spent wisely.
SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General.--The Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at
the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``Sec. 1801. Definitions.
``Sec. 1802. Faster and smarter funding for first responders.
``Sec. 1803. Essential capabilities for first responders.
``Sec. 1804. Task Force on Essential Capabilities for First Responders.
``Sec. 1805. Covered grant eligibility and criteria.
``Sec. 1806. Use of funds and accountability requirements.
``Sec. 1807. National standards for first responder equipment and
training.''; and
(2) by adding at the end the following:
``TITLE XVIII--FUNDING FOR FIRST RESPONDERS
``SEC. 1801. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the First Responder
Grants Board established under section 1805(f).
``(2) Covered grant.--The term `covered grant' means any
grant to which this title applies under section 1802.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means any Indian tribe or consortium of Indian tribes
that--
``(A) meets the criteria for inclusion in the qualified
applicant pool for Self-Governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
``(B) employs at least 10 full-time personnel in a law
enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services;
and
``(C)(i) is located on, or within 5 miles of, an
international border or waterway;
[[Page H8773]]
``(ii) is located within 5 miles of a facility within a
critical infrastructure sector identified in section
1803(c)(2);
``(iii) is located within or contiguous to one of the 50
largest metropolitan statistical areas in the United States;
or
``(iv) has more than 1,000 square miles of Indian country,
as that term is defined in section 1151 of title 18, United
States Code.
``(4) Elevations in the threat alert level.--The term
`elevations in the threat alert level' means any designation
(including those that are less than national in scope) that
raises the homeland security threat level to either the
highest or second highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
``(5) Emergency preparedness.--The term `emergency
preparedness' shall have the same meaning that term has under
section 602 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195a).
``(6) Essential capabilities.--The term `essential
capabilities' means the levels, availability, and competence
of emergency personnel, planning, training, and equipment
across a variety of disciplines needed to effectively and
efficiently prevent, prepare for, and respond to acts of
terrorism consistent with established practices.
``(7) First responder.--The term `first responder' shall
have the same meaning as the term `emergency response
provider'.
``(8) Indian tribe.--The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or
community, including any Alaskan Native village or regional
or village corporation as defined in or established pursuant
to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601
et seq.), which is recognized as eligible for the special
programs and services provided by the United States to
Indians because of their status as Indians.
``(9) Region.--The term `region' means--
``(A) any geographic area consisting of all or parts of 2
or more contiguous States, counties, municipalities, or other
local governments that have a combined population of at least
1,650,000 or have an area of not less than 20,000 square
miles, and that, for purposes of an application for a covered
grant, is represented by 1 or more governments or
governmental agencies within such geographic area, and that
is established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid
agreement; or
``(B) any other combination of contiguous local government
units (including such a combination established by law or
agreement of two or more governments or governmental agencies
in a mutual aid agreement) that is formally certified by the
Secretary as a region for purposes of this Act with the
consent of--
``(i) the State or States in which they are located,
including a multi-State entity established by a compact
between two or more States; and
``(ii) the incorporated municipalities, counties, and
parishes that they encompass.
``(10) Task force.--The term `Task Force' means the Task
Force on Essential Capabilities for First Responders
established under section 1804.
``SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
``(a) Covered Grants.--This title applies to grants
provided by the Department to States, regions, or directly
eligible tribes for the primary purpose of improving the
ability of first responders to prevent, prepare for, respond
to, or mitigate threatened or actual terrorist attacks,
especially those involving weapons of mass destruction,
administered under the following:
``(1) State homeland security grant program.--The State
Homeland Security Grant Program of the Department, or any
successor to such grant program.
``(2) Urban area security initiative.--The Urban Area
Security Initiative of the Department, or any successor to
such grant program.
``(3) Law enforcement terrorism prevention program.--The
Law Enforcement Terrorism Prevention Program of the
Department, or any successor to such grant program.
``(4) Citizen corps program.--The Citizen Corps Program of
the Department, or any successor to such grant program.
``(b) Excluded Programs.--This title does not apply to or
otherwise affect the following Federal grant programs or any
grant under such a program:
``(1) Nondepartment programs.--Any Federal grant program
that is not administered by the Department.
``(2) Fire grant programs.--The fire grant programs
authorized by sections 33 and 34 of the Federal Fire
Prevention and Control Act of 1974 (15 U.S.C. 2229, 2229a).
``(3) Emergency management planning and assistance account
grants.--The Emergency Management Performance Grant program
and the Urban Search and Rescue Grants program authorized by
title VI of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5195 et seq.); the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
``SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
``(a) Establishment of Essential Capabilities.--
``(1) In general.--For purposes of covered grants, the
Secretary shall establish clearly defined essential
capabilities for State and local government preparedness for
terrorism, in consultation with--
``(A) the Task Force on Essential Capabilities for First
Responders established under section 1804;
``(B) the Under Secretaries for Emergency Preparedness and
Response, Border and Transportation Security, Information
Analysis and Infrastructure Protection, and Science and
Technology, and the Director of the Office for Domestic
Preparedness;
``(C) the Secretary of Health and Human Services;
``(D) other appropriate Federal agencies;
``(E) State and local first responder agencies and
officials; and
``(F) consensus-based standard making organizations
responsible for setting standards relevant to the first
responder community.
``(2) Deadlines.--The Secretary shall--
``(A) establish essential capabilities under paragraph (1)
within 30 days after receipt of the report under section
1804(b); and
``(B) regularly update such essential capabilities as
necessary, but not less than every 3 years.
``(3) Provision of essential capabilities.--The Secretary
shall ensure that a detailed description of the essential
capabilities established under paragraph (1) is provided
promptly to the States and to the Congress. The States shall
make the essential capabilities available as necessary and
appropriate to local governments within their jurisdictions.
``(b) Objectives.--The Secretary shall ensure that
essential capabilities established under subsection (a)(1)
meet the following objectives:
``(1) Specificity.--The determination of essential
capabilities specifically shall describe the training,
planning, personnel, and equipment that different types of
communities in the Nation should possess, or to which they
should have access, in order to meet the Department's goals
for terrorism preparedness based upon--
``(A) the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States;
``(B) the types of threats, vulnerabilities, geography,
size, and other factors that the Secretary has determined to
be applicable to each different type of community; and
``(C) the principles of regional coordination and mutual
aid among State and local governments.
``(2) Flexibility.--The establishment of essential
capabilities shall be sufficiently flexible to allow State
and local government officials to set priorities based on
particular needs, while reaching nationally determined
terrorism preparedness levels within a specified time period.
``(3) Measurability.--The establishment of essential
capabilities shall be designed to enable measurement of
progress towards specific terrorism preparedness goals.
``(4) Comprehensiveness.--The determination of essential
capabilities for terrorism preparedness shall be made within
the context of a comprehensive State emergency management
system.
``(c) Factors To Be Considered.--
``(1) In general.--In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall
consider the variables of threat, vulnerability, and
consequences with respect to the Nation's population
(including transient commuting and tourist populations) and
critical infrastructure. Such consideration shall be based
upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure
Protection of the threats of terrorism against the United
States.
``(2) Critical infrastructure sectors.--The Secretary
specifically shall consider threats of terrorism against the
following critical infrastructure sectors in all areas of the
Nation, urban and rural:
``(A) Agriculture.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) The defense industrial base.
``(E) Emergency services.
``(F) Energy.
``(G) Food.
``(H) Government.
``(I) Postal and shipping.
``(J) Public health.
``(K) Information and telecommunications networks.
``(L) Transportation.
``(M) Water.
The order in which the critical infrastructure sectors are
listed in this paragraph shall not be construed as an order
of priority for consideration of the importance of such
sectors.
``(3) Types of threat.--The Secretary specifically shall
consider the following types of threat to the critical
infrastructure sectors described in paragraph (2), and to
populations in all areas of the Nation, urban and rural:
``(A) Biological threats.
``(B) Nuclear threats.
``(C) Radiological threats.
``(D) Incendiary threats.
``(E) Chemical threats.
``(F) Explosives.
``(G) Suicide bombers.
``(H) Cyber threats.
[[Page H8774]]
``(I) Any other threats based on proximity to specific past
acts of terrorism or the known activity of any terrorist
group.
The order in which the types of threat are listed in this
paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
``(4) Consideration of additional factors.--In establishing
essential capabilities under subsection (a)(1), the Secretary
shall take into account any other specific threat to a
population (including a transient commuting or tourist
population) or critical infrastructure sector that the
Secretary has determined to exist.
``SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST
RESPONDERS.
``(a) Establishment.--To assist the Secretary in
establishing essential capabilities under section 1803(a)(1),
the Secretary shall establish an advisory body pursuant to
section 871(a) not later than 60 days after the date of the
enactment of this section, which shall be known as the Task
Force on Essential Capabilities for First Responders.
``(b) Report.--
``(1) In general.--The Task Force shall submit to the
Secretary, not later than 9 months after its establishment by
the Secretary under subsection (a) and every 3 years
thereafter, a report on its recommendations for essential
capabilities for preparedness for terrorism.
``(2) Contents.--The report shall--
``(A) include a priority ranking of essential capabilities
in order to provide guidance to the Secretary and to the
Congress on determining the appropriate allocation of, and
funding levels for, first responder needs;
``(B) set forth a methodology by which any State or local
government will be able to determine the extent to which it
possesses or has access to the essential capabilities that
States and local governments having similar risks should
obtain;
``(C) describe the availability of national voluntary
consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first
responder training and equipment;
``(D) include such additional matters as the Secretary may
specify in order to further the terrorism preparedness
capabilities of first responders; and
``(E) include such revisions to the contents of past
reports as are necessary to take into account changes in the
most current risk assessment available by the Directorate for
Information Analysis and Infrastructure Protection or other
relevant information as determined by the Secretary.
``(3) Consistency with federal working group.--The Task
Force shall ensure that its recommendations for essential
capabilities are, to the extent feasible, consistent with any
preparedness goals or recommendations of the Federal working
group established under section 319F(a) of the Public Health
Service Act (42 U.S.C. 247d-6(a)).
``(4) Comprehensiveness.--The Task Force shall ensure that
its recommendations regarding essential capabilities for
terrorism preparedness are made within the context of a
comprehensive State emergency management system.
``(5) Prior measures.--The Task Force shall ensure that its
recommendations regarding essential capabilities for
terrorism preparedness take into account any capabilities
that State or local officials have determined to be essential
and have undertaken since September 11, 2001, to prevent or
prepare for terrorist attacks.
``(c) Membership.--
``(1) In general.--The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross
section of governmental and nongovernmental first responder
disciplines from the State and local levels, including as
appropriate--
``(A) members selected from the emergency response field,
including fire service and law enforcement, hazardous
materials response, emergency medical services, and emergency
management personnel (including public works personnel
routinely engaged in emergency response);
``(B) health scientists, emergency and inpatient medical
providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing
mental health care during emergency response operations;
``(C) experts from Federal, State, and local governments,
and the private sector, representing standards-setting
organizations, including representation from the voluntary
consensus codes and standards development community,
particularly those with expertise in first responder
disciplines; and
``(D) State and local officials with expertise in terrorism
preparedness, subject to the condition that if any such
official is an elected official representing one of the two
major political parties, an equal number of elected officials
shall be selected from each such party.
``(2) Coordination with the department of health and health
services.--In the selection of members of the Task Force who
are health professionals, including emergency medical
professionals, the Secretary shall coordinate the selection
with the Secretary of Health and Human Services.
``(3) Ex officio members.--The Secretary and the Secretary
of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex
officio members of the Task Force. One of the ex officio
members from the Department of Homeland Security shall be the
designated officer of the Federal Government for purposes of
subsection (e) of section 10 of the Federal Advisory
Committee Act (5 App. U.S.C.).
``(d) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), the Federal Advisory
Committee Act (5 U.S.C. App.), including subsections (a),
(b), and (d) of section 10 of such Act, and section 552b(c)
of title 5, United States Code, shall apply to the Task
Force.
``SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.
``(a) Grant Eligibility.--Any State, region, or directly
eligible tribe shall be eligible to apply for a covered
grant.
``(b) Grant Criteria.--In awarding covered grants, the
Secretary shall assist States and local governments in
achieving, maintaining, and enhancing the essential
capabilities for first responders established by the
Secretary under section 1803.
``(c) State Homeland Security Plans.--
``(1) Submission of plans.--The Secretary shall require
that any State applying to the Secretary for a covered grant
must submit to the Secretary a 3-year State homeland security
plan that--
``(A) demonstrates the extent to which the State has
achieved the essential capabilities that apply to the State;
``(B) demonstrates the needs of the State necessary to
achieve, maintain, or enhance the essential capabilities that
apply to the State;
``(C) includes a prioritization of such needs based on
threat, vulnerability, and consequence assessment factors
applicable to the State;
``(D) describes how the State intends--
``(i) to address such needs at the city, county, regional,
tribal, State, and interstate level, including a precise
description of any regional structure the State has
established for the purpose of organizing homeland security
preparedness activities funded by covered grants;
``(ii) to use all Federal, State, and local resources
available for the purpose of addressing such needs; and
``(iii) to give particular emphasis to regional planning
and cooperation, including the activities of
multijurisdictional planning agencies governed by local
officials, both within its jurisdictional borders and with
neighboring States;
``(E) is developed in consultation with and subject to
appropriate comment by local governments within the State;
and
``(F) with respect to the emergency preparedness of first
responders, addresses the unique aspects of terrorism as part
of a comprehensive State emergency management plan.
``(2) Approval by secretary.--The Secretary may not award
any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
``(d) Consistency With State Plans.--The Secretary shall
ensure that each covered grant is used to supplement and
support, in a consistent and coordinated manner, the
applicable State homeland security plan or plans.
``(e) Application for Grant.--
``(1) In general.--Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may
apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the
Secretary may reasonably require.
``(2) Deadlines for applications and awards.--All
applications for covered grants must be submitted at such
time as the Secretary may reasonably require for the fiscal
year for which they are submitted. The Secretary shall award
covered grants pursuant to all approved applications for such
fiscal year as soon as practicable, but not later than March
1 of such year.
``(3) Availability of funds.--All funds awarded by the
Secretary under covered grants in a fiscal year shall be
available for obligation through the end of the subsequent
fiscal year.
``(4) Minimum contents of application.--The Secretary shall
require that each applicant include in its application, at a
minimum--
``(A) the purpose for which the applicant seeks covered
grant funds and the reasons why the applicant needs the
covered grant to meet the essential capabilities for
terrorism preparedness within the State, region, or directly
eligible tribe to which the application pertains;
``(B) a description of how, by reference to the applicable
State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application,
including, where applicable, the amount not passed through
under section 1806(g)(1), would assist in fulfilling the
essential capabilities specified in such plan or plans;
``(C) a statement of whether a mutual aid agreement applies
to the use of all or any portion of the covered grant funds;
``(D) if the applicant is a State, a description of how the
State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
``(E) if the applicant is a region--
``(i) a precise geographical description of the region and
a specification of all participating and nonparticipating
local governments within the geographical area comprising
that region;
[[Page H8775]]
``(ii) a specification of what governmental entity within
the region will administer the expenditure of funds under the
covered grant; and
``(iii) a designation of a specific individual to serve as
regional liaison;
``(F) a capital budget showing how the applicant intends to
allocate and expend the covered grant funds;
``(G) if the applicant is a directly eligible tribe, a
designation of a specific individual to serve as the tribal
liaison; and
``(H) a statement of how the applicant intends to meet the
matching requirement, if any, that applies under section
1806(g)(2).
``(5) Regional applications.--
``(A) Relationship to state applications.--A regional
application--
``(i) shall be coordinated with an application submitted by
the State or States of which such region is a part;
``(ii) shall supplement and avoid duplication with such
State application; and
``(iii) shall address the unique regional aspects of such
region's terrorism preparedness needs beyond those provided
for in the application of such State or States.
``(B) State review and submission.--To ensure the
consistency required under subsection (d) and the
coordination required under subparagraph (A) of this
paragraph, an applicant that is a region must submit its
application to each State of which any part is included in
the region for review and concurrence prior to the submission
of such application to the Secretary. The regional
application shall be transmitted to the Secretary through
each such State within 30 days of its receipt, unless the
Governor of such a State notifies the Secretary, in writing,
that such regional application is inconsistent with the
State's homeland security plan and provides an explanation of
the reasons therefor.
``(C) Distribution of regional awards.--If the Secretary
approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting
the applicable regional application under subparagraph (B),
and each such State shall, not later than the end of the 45-
day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or
resources purchased with such funds, except those funds
necessary for the State to carry out its responsibilities
with respect to such regional application; Provided That, in
no such case shall the State or States pass through to the
region less than 80 percent of the regional award.
``(D) Certifications regarding distribution of grant funds
to regions.--Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later
than 30 days after the expiration of the period described in
subparagraph (C) with respect to the grant, that the State
has made available to the region the required funds and
resources in accordance with subparagraph (C).
``(E) Direct payments to regions.--If any State fails to
pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award
and does not request or receive an extension of such period
under section 1806(h)(2), the region may petition the
Secretary to receive directly the portion of the regional
award that is required to be passed through to such region
under subparagraph (C).
``(F) Regional liaisons.--A regional liaison designated
under paragraph (4)(E)(iii) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials within the region concerning terrorism
preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials within
the region to assist in the development of the regional
application and to improve the region's access to covered
grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials within the region, covered
grants awarded to the region.
``(6) Tribal applications.--
``(A) Submission to the state or states.--To ensure the
consistency required under subsection (d), an applicant that
is a directly eligible tribe must submit its application to
each State within the boundaries of which any part of such
tribe is located for direct submission to the Department
along with the application of such State or States.
``(B) Opportunity for state comment.--Before awarding any
covered grant to a directly eligible tribe, the Secretary
shall provide an opportunity to each State within the
boundaries of which any part of such tribe is located to
comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such
comments shall be submitted to the Secretary concurrently
with the submission of the State and tribal applications.
``(C) Final authority.--The Secretary shall have final
authority to determine the consistency of any application of
a directly eligible tribe with the applicable State homeland
security plan or plans, and to approve any application of
such tribe. The Secretary shall notify each State within the
boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
``(D) Tribal liaison.--A tribal liaison designated under
paragraph (4)(G) shall--
``(i) coordinate with Federal, State, local, regional, and
private officials concerning terrorism preparedness;
``(ii) develop a process for receiving input from Federal,
State, local, regional, and private sector officials to
assist in the development of the application of such tribe
and to improve the tribe's access to covered grants; and
``(iii) administer, in consultation with State, local,
regional, and private officials, covered grants awarded to
such tribe.
``(E) Limitation on the number of direct grants.--The
Secretary may make covered grants directly to not more than
20 directly eligible tribes per fiscal year.
``(F) Tribes not receiving direct grants.--An Indian tribe
that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the
State or States within the boundaries of which any part of
such tribe is located, consistent with the homeland security
plan of the State as described in subsection (c). If a State
fails to comply with section 1806(g)(1), the tribe may
request payment under section 1806(h)(3) in the same manner
as a local government.
``(7) Equipment standards.--If an applicant for a covered
grant proposes to upgrade or purchase, with assistance
provided under the grant, new equipment or systems that do
not meet or exceed any applicable national voluntary
consensus standards established by the Secretary under
section 1807(a), the applicant shall include in the
application an explanation of why such equipment or systems
will serve the needs of the applicant better than equipment
or systems that meet or exceed such standards.
``(f) First Responder Grants Board.--
``(1) Establishment of board.--The Secretary shall
establish a First Responder Grants Board, consisting of--
``(A) the Secretary;
``(B) the Under Secretary for Emergency Preparedness and
Response;
``(C) the Under Secretary for Border and Transportation
Security;
``(D) the Under Secretary for Information Analysis and
Infrastructure Protection;
``(E) the Under Secretary for Science and Technology; and
``(F) the Director of the Office for Domestic Preparedness.
``(2) Chairman.--
``(A) In general.--The Secretary shall be the Chairman of
the Board.
``(B) Exercise of authorities by deputy secretary.--The
Deputy Secretary of Homeland Security may exercise the
authorities of the Chairman, if the Secretary so directs.
``(3) Ranking of grant applications.--
``(A) Prioritization of grants.--The Board--
``(i) shall evaluate and annually prioritize all pending
applications for covered grants based upon the degree to
which they would, by achieving, maintaining, or enhancing the
essential capabilities of the applicants on a nationwide
basis, lessen the threat to, vulnerability of, and
consequences for persons and critical infrastructure; and
``(ii) in evaluating the threat to persons and critical
infrastructure for purposes of prioritizing covered grants,
shall give greater weight to threats of terrorism based on
their specificity and credibility, including any pattern of
repetition.
``(B) Minimum amounts.--After evaluating and prioritizing
grant applications under subparagraph (A), the Board shall
ensure that, for each fiscal year--
``(i) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan receives no less
than 0.25 percent of the funds available for covered grants
for that fiscal year for purposes of implementing its
homeland security plan in accordance with the prioritization
of needs under subsection (c)(1)(C);
``(ii) each of the States, other than the Virgin Islands,
American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan and that meets
one or both of the additional high-risk qualifying criteria
under subparagraph (C) receives no less than 0.45 percent of
the funds available for covered grants for that fiscal year
for purposes of implementing its homeland security plan in
accordance with the prioritization of needs under subsection
(c)(1)(C);
``(iii) the Virgin Islands, American Samoa, Guam, and the
Northern Mariana Islands each receives no less than 0.08
percent of the funds available for covered grants for that
fiscal year for purposes of implementing its approved State
homeland security plan in accordance with the prioritization
of needs under subsection (c)(1)(C); and
``(iv) directly eligible tribes collectively receive no
less than 0.08 percent of the funds available for covered
grants for such fiscal year for purposes of addressing the
needs identified in the applications of such tribes,
consistent with the homeland security plan of each State
within the boundaries of which any part of any such tribe is
located, except that this clause shall not apply with respect
to funds available for a fiscal year if the Secretary
receives less than 5 applications for such fiscal year from
such tribes under subsection (e)(6)(A) or does not approve at
least one such application.
``(C) Additional high-risk qualifying criteria.--For
purposes of subparagraph (B)(ii), additional high-risk
qualifying criteria consist of--
``(i) having a significant international land border; or
[[Page H8776]]
``(ii) adjoining a body of water within North America
through which an international boundary line extends.
``(4) Effect of regional awards on state minimum.--Any
regional award, or portion thereof, provided to a State under
subsection (e)(5)(C) shall not be considered in calculating
the minimum State award under paragraph (3)(B) of this
subsection.
``(5) Functions of under secretaries.--The Under
Secretaries referred to in paragraph (1) shall seek to ensure
that the relevant expertise and input of the staff of their
directorates are available to and considered by the Board.
``SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
``(a) In General.--A covered grant may be used for--
``(1) purchasing or upgrading equipment, including computer
software, to enhance terrorism preparedness and response;
``(2) exercises to strengthen terrorism preparedness and
response;
``(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of
mass destruction, including training in the use of equipment
and computer software;
``(4) developing or updating response plans;
``(5) establishing or enhancing mechanisms for sharing
terrorism threat information;
``(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic
planning, life-cycle systems design, product and technology
evaluation, and prototype development for terrorism
preparedness and response purposes;
``(7) additional personnel costs resulting from--
``(A) elevations in the threat alert level of the Homeland
Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or
local government with the approval of the Secretary;
``(B) travel to and participation in exercises and training
in the use of equipment and on prevention activities;
``(C) the temporary replacement of personnel during any
period of travel to and participation in exercises and
training in the use of equipment and on prevention
activities; and
``(D) participation in information, investigative, and
intelligence sharing activities specifically related to
terrorism prevention;
``(8) the costs of equipment (including software) required
to receive, transmit, handle, and store classified
information;
``(9) protecting critical infrastructure against potential
attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not
exceed the greater of--
``(A) $1,000,000 per project; or
``(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total
amount of the covered grant;
``(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based
on national, voluntary consensus standards) that the
Secretary, in consultation with the Chairman of the Federal
Communications Commission, deems best suited to facilitate
interoperability, coordination, and integration between and
among emergency communications systems, and that complies
with prevailing grant guidance of the Department for
interoperable communications;
``(11) educational curricula development for first
responders to ensure that they are prepared for terrorist
attacks;
``(12) training and exercises to assist public elementary
and secondary schools in developing and implementing programs
to instruct students regarding age-appropriate skills to
prepare for and respond to an act of terrorism;
``(13) paying of administrative expenses directly related
to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant; and
``(14) other appropriate activities as determined by the
Secretary.
``(b) Prohibited Uses.--Funds provided as a covered grant
may not be used--
``(1) to supplant State or local funds;
``(2) to construct buildings or other physical facilities;
``(3) to acquire land; or
``(4) for any State or local government cost sharing
contribution.
``(c) Multiple-Purpose Funds.--Nothing in this section
shall be construed to preclude State and local governments
from using covered grant funds in a manner that also enhances
first responder preparedness for emergencies and disasters
unrelated to acts of terrorism, if such use assists such
governments in achieving essential capabilities for terrorism
preparedness established by the Secretary under section 1803.
``(d) Reimbursement of Costs.--In addition to the
activities described in subsection (a), a covered grant may
be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated
for travel to or participation in training covered by this
section. Any such reimbursement shall not be considered
compensation for purposes of rendering such a first responder
an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
``(e) Assistance Requirement.--The Secretary may not
request that equipment paid for, wholly or in part, with
funds provided as a covered grant be made available for
responding to emergencies in surrounding States, regions, and
localities, unless the Secretary undertakes to pay the costs
directly attributable to transporting and operating such
equipment during such response.
``(f) Flexibility in Unspent Homeland Security Grant
Funds.--Upon request by the recipient of a covered grant, the
Secretary may authorize the grantee to transfer all or part
of funds provided as the covered grant from uses specified in
the grant agreement to other uses authorized under this
section, if the Secretary determines that such transfer is in
the interests of homeland security.
``(g) State, Regional, and Tribal Responsibilities.--
``(1) Pass-through.--The Secretary shall require a
recipient of a covered grant that is a State to obligate or
otherwise make available to local governments, first
responders, and other local groups, to the extent required
under the State homeland security plan or plans specified in
the application for the grant, not less than 80 percent of
the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of
the grant, or a combination thereof, by not later than the
end of the 45-day period beginning on the date the grant
recipient receives the grant funds.
``(2) Cost sharing.--
``(A) In general.--The Federal share of the costs of an
activity carried out with a covered grant to a State, region,
or directly eligible tribe awarded after the 2-year period
beginning on the date of the enactment of this section shall
not exceed 75 percent.
``(B) Interim rule.--The Federal share of the costs of an
activity carried out with a covered grant awarded before the
end of the 2-year period beginning on the date of the
enactment of this section shall be 100 percent.
``(C) In-kind matching.--Each recipient of a covered grant
may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are
directly linked with the purpose for which the grant is made,
including, but not limited to, any necessary personnel
overtime, contractor services, administrative costs,
equipment fuel and maintenance, and rental space.
``(3) Certifications regarding distribution of grant funds
to local governments.--Any State that receives a covered
grant shall certify to the Secretary, by not later than 30
days after the expiration of the period described in
paragraph (1) with respect to the grant, that the State has
made available for expenditure by local governments, first
responders, and other local groups the required amount of
grant funds pursuant to paragraph (1).
``(4) Quarterly report on homeland security spending.--The
Federal share described in paragraph (2)(A) may be increased
by up to 2 percent for any State, region, or directly
eligible tribe that, not later than 30 days after the end of
each fiscal quarter, submits to the Secretary a report on
that fiscal quarter. Each such report must include, for each
recipient of a covered grant or a pass-through under
paragraph (1)--
``(A) the amount obligated to that recipient in that
quarter;
``(B) the amount expended by that recipient in that
quarter; and
``(C) a summary description of the items purchased by such
recipient with such amount.
``(5) Annual report on homeland security spending.--Each
recipient of a covered grant shall submit an annual report to
the Secretary not later than 60 days after the end of each
fiscal year. Each recipient of a covered grant that is a
region must simultaneously submit its report to each State of
which any part is included in the region. Each recipient of a
covered grant that is a directly eligible tribe must
simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each
report must include the following:
``(A) The amount, ultimate recipients, and dates of receipt
of all funds received under the grant during the previous
fiscal year.
``(B) The amount and the dates of disbursements of all such
funds expended in compliance with paragraph (1) or pursuant
to mutual aid agreements or other sharing arrangements that
apply within the State, region, or directly eligible tribe,
as applicable, during the previous fiscal year.
``(C) How the funds were utilized by each ultimate
recipient or beneficiary during the preceding fiscal year.
``(D) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the
expenditure of grant funds during the preceding fiscal year.
``(E) The extent to which essential capabilities identified
in the applicable State homeland security plan or plans
remain unmet.
``(6) Inclusion of restricted annexes.--A recipient of a
covered grant may submit to the Secretary an annex to the
annual report under paragraph (5) that is subject to
appropriate handling restrictions, if the recipient believes
that discussion in the report of unmet needs would reveal
sensitive but unclassified information.
``(7) Provision of reports.--The Secretary shall ensure
that each annual report under paragraph (5) is provided to
the Under Secretary for Emergency Preparedness and Response
and the Director of the Office for Domestic Preparedness.
[[Page H8777]]
``(h) Incentives to Efficient Administration of Homeland
Security Grants.--
``(1) Penalties for delay in passing through local share.--
If a recipient of a covered grant that is a State fails to
pass through to local governments, first responders, and
other local groups funds or resources required by subsection
(g)(1) within 45 days after receiving funds under the grant,
the Secretary may--
``(A) reduce grant payments to the grant recipient from the
portion of grant funds that is not required to be passed
through under subsection (g)(1);
``(B) terminate payment of funds under the grant to the
recipient, and transfer the appropriate portion of those
funds directly to local first responders that were intended
to receive funding under that grant; or
``(C) impose additional restrictions or burdens on the
recipient's use of funds under the grant, which may include--
``(i) prohibiting use of such funds to pay the grant
recipient's grant-related overtime or other expenses;
``(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that
are not required to be passed through under subsection
(g)(1); or
``(iii) for each day that the grant recipient fails to pass
through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from
the portion of grant funds that is not required to be passed
through under subsection (g)(1), except that the total amount
of such reduction may not exceed 20 percent of the total
amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Secretary extend the 45-day
period under section 1805(e)(5)(E) or paragraph (1) for an
additional 15-day period. The Secretary may approve such a
request, and may extend such period for additional 15-day
periods, if the Secretary determines that the resulting delay
in providing grant funding to the local government entities
that will receive funding under the grant will not have a
significant detrimental impact on such entities' terrorism
preparedness efforts.
``(3) Provision of non-local share to local government.--
``(A) In general.--The Secretary may upon request by a
local government pay to the local government a portion of the
amount of a covered grant awarded to a State in which the
local government is located, if--
``(i) the local government will use the amount paid to
expedite planned enhancements to its terrorism preparedness
as described in any applicable State homeland security plan
or plans;
``(ii) the State has failed to pass through funds or
resources in accordance with subsection (g)(1); and
``(iii) the local government complies with subparagraphs
(B) and (C).
``(B) Showing required.--To receive a payment under this
paragraph, a local government must demonstrate that--
``(i) it is identified explicitly as an ultimate recipient
or intended beneficiary in the approved grant application;
``(ii) it was intended by the grantee to receive a
severable portion of the overall grant for a specific purpose
that is identified in the grant application;
``(iii) it petitioned the grantee for the funds or
resources after expiration of the period within which the
funds or resources were required to be passed through under
subsection (g)(1); and
``(iv) it did not receive the portion of the overall grant
that was earmarked or designated for its use or benefit.
``(C) Effect of payment.--Payment of grant funds to a local
government under this paragraph--
``(i) shall not affect any payment to another local
government under this paragraph; and
``(ii) shall not prejudice consideration of a request for
payment under this paragraph that is submitted by another
local government.
``(D) Deadline for action by secretary.--The Secretary
shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the
request is received by the Department.
``(i) Reports to Congress.--The Secretary shall submit an
annual report to the Congress by December 31 of each year--
``(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State,
region, and directly eligible tribe in the preceding fiscal
year;
``(2) containing information on the use of such grant funds
by grantees; and
``(3) describing--
``(A) the Nation's progress in achieving, maintaining, and
enhancing the essential capabilities established under
section 1803(a) as a result of the expenditure of covered
grant funds during the preceding fiscal year; and
``(B) an estimate of the amount of expenditures required to
attain across the United States the essential capabilities
established under section 1803(a).
``SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT
AND TRAINING.
``(a) Equipment Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall, not later than 6 months after
the date of enactment of this section, support the
development of, promulgate, and update as necessary national
voluntary consensus standards for the performance, use, and
validation of first responder equipment for purposes of
section 1805(e)(7). Such standards--
``(A) shall be, to the maximum extent practicable,
consistent with any existing voluntary consensus standards;
``(B) shall take into account, as appropriate, new types of
terrorism threats that may not have been contemplated when
such existing standards were developed;
``(C) shall be focused on maximizing interoperability,
interchangeability, durability, flexibility, efficiency,
efficacy, portability, sustainability, and safety; and
``(D) shall cover all appropriate uses of the equipment.
``(2) Required categories.--In carrying out paragraph (1),
the Secretary shall specifically consider the following
categories of first responder equipment:
``(A) Thermal imaging equipment.
``(B) Radiation detection and analysis equipment.
``(C) Biological detection and analysis equipment.
``(D) Chemical detection and analysis equipment.
``(E) Decontamination and sterilization equipment.
``(F) Personal protective equipment, including garments,
boots, gloves, and hoods and other protective clothing.
``(G) Respiratory protection equipment.
``(H) Interoperable communications, including wireless and
wireline voice, video, and data networks.
``(I) Explosive mitigation devices and explosive detection
and analysis equipment.
``(J) Containment vessels.
``(K) Contaminant-resistant vehicles.
``(L) Such other equipment for which the Secretary
determines that national voluntary consensus standards would
be appropriate.
``(b) Training Standards.--
``(1) In general.--The Secretary, in consultation with the
Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for
Domestic Preparedness, shall support the development of,
promulgate, and regularly update as necessary national
voluntary consensus standards for first responder training
carried out with amounts provided under covered grant
programs, that will enable State and local government first
responders to achieve optimal levels of terrorism
preparedness as quickly as practicable. Such standards shall
give priority to providing training to--
``(A) enable first responders to prevent, prepare for,
respond to, and mitigate terrorist threats, including threats
from chemical, biological, nuclear, and radiological weapons
and explosive devices capable of inflicting significant human
casualties; and
``(B) familiarize first responders with the proper use of
equipment, including software, developed pursuant to the
standards established under subsection (a).
``(2) Required categories.--In carrying out paragraph (1),
the Secretary specifically shall include the following
categories of first responder activities:
``(A) Regional planning.
``(B) Joint exercises.
``(C) Intelligence collection, analysis, and sharing.
``(D) Emergency notification of affected populations.
``(E) Detection of biological, nuclear, radiological, and
chemical weapons of mass destruction.
``(F) Such other activities for which the Secretary
determines that national voluntary consensus training
standards would be appropriate.
``(3) Consistency.--In carrying out this subsection, the
Secretary shall ensure that such training standards are
consistent with the principles of emergency preparedness for
all hazards.
``(c) Consultation With Standards Organizations.--In
establishing national voluntary consensus standards for first
responder equipment and training under this section, the
Secretary shall consult with relevant public and private
sector groups, including--
``(1) the National Institute of Standards and Technology;
``(2) the National Fire Protection Association;
``(3) the National Association of County and City Health
Officials;
``(4) the Association of State and Territorial Health
Officials;
``(5) the American National Standards Institute;
``(6) the National Institute of Justice;
``(7) the Inter-Agency Board for Equipment Standardization
and Interoperability;
``(8) the National Public Health Performance Standards
Program;
``(9) the National Institute for Occupational Safety and
Health;
``(10) ASTM International;
``(11) the International Safety Equipment Association;
``(12) the Emergency Management Accreditation Program; and
``(13) to the extent the Secretary considers appropriate,
other national voluntary consensus standards development
organizations, other interested Federal, State, and local
agencies, and other interested persons.
[[Page H8778]]
``(d) Coordination With Secretary of HHS.--In establishing
any national voluntary consensus standards under this section
for first responder equipment or training that involve or
relate to health professionals, including emergency medical
professionals, the Secretary shall coordinate activities
under this section with the Secretary of Health and Human
Services.''.
(b) Definition of Emergency Response Providers.--Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 101(6)) is amended by striking
``includes'' and all that follows and inserting ``includes
Federal, State, and local governmental and nongovernmental
emergency public safety, law enforcement, fire, emergency
response, emergency medical (including hospital emergency
facilities), and related personnel, organizations, agencies,
and authorities.''.
(c) Temporary Limitations on Application.--
(1) 1-year delay in application.--The following provisions
of title XVIII of the Homeland Security Act of 2002, as
amended by subsection (a), shall not apply during the 1-year
period beginning on the date of the enactment of this Act:
(A) Subsections (b), (c), and (e)(4)(A) and (B) of section
1805.
(B) In section 1805(f)(3)(A), the phrase ``, by enhancing
the essential capabilities of the applicants,''.
(2) 2-year delay in application.--The following provisions
of title XVIII of the Homeland Security Act of 2002, as
amended by subsection (a), shall not apply during the 2-year
period beginning on the date of the enactment of this Act:
(A) Subparagraphs (D) and (E) of section 1806(g)(5).
(B) Section 1806(i)(3).
SEC. 5004. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 112(f)) is amended by striking ``and''
after the semicolon at the end of paragraph (6), by striking
the period at the end of paragraph (7) and inserting ``;
and'', and by adding at the end the following:
``(8) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to identify
private sector resources and capabilities that could be
effective in supplementing Federal, State, and local
government agency efforts to prevent or respond to a
terrorist attack.''.
SEC. 5005. SUPERSEDED PROVISION.
This subtitle supersedes section 1014 of Public Law 107-56.
SEC. 5006. SENSE OF CONGRESS REGARDING INTEROPERABLE
COMMUNICATIONS.
(a) Finding.--The Congress finds that--
(1) many emergency response providers (as defined under
section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101), as amended by this Act) working in the same
jurisdiction or in different jurisdictions cannot effectively
and efficiently communicate with one another; and
(2) their inability to do so threatens the public's safety
and may result in unnecessary loss of lives and property.
(b) Sense of Congress.--It is the sense of the Congress
that interoperable emergency communications systems and
radios should continue to be deployed as soon as practicable
for use by the emergency response provider community, and
that upgraded and new digital communications systems and new
digital radios must meet prevailing national, voluntary
consensus standards for interoperability.
SEC. 5007. SENSE OF CONGRESS REGARDING CITIZEN CORPS
COUNCILS.
(a) Finding.--The Congress finds that Citizen Corps
councils help to enhance local citizen participation in
terrorism preparedness by coordinating multiple Citizen Corps
programs, developing community action plans, assessing
possible threats, and identifying local resources.
(b) Sense of Congress.--It is the sense of the Congress
that individual Citizen Corps councils should seek to enhance
the preparedness and response capabilities of all
organizations participating in the councils, including by
providing funding to as many of their participating
organizations as practicable to promote local terrorism
preparedness programs.
SEC. 5008. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION
SYSTEM.
(a) Study.--The Secretary of Homeland Security, in
consultation with the heads of other appropriate Federal
agencies and representatives of providers and participants in
the telecommunications industry, shall conduct a study to
determine whether it is cost-effective, efficient, and
feasible to establish and implement an emergency telephonic
alert notification system that will--
(1) alert persons in the United States of imminent or
current hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or
minimize threats to their safety and welfare posed by such
events.
(b) Technologies to Consider.--In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to
provide such notification.
(c) Report.--Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to the
Congress a report regarding the conclusions of the study.
SEC. 5009. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to
prevent, prepare for, and respond to acts of terrorism and
other major disasters and emergencies among the divisions of
the Department of Homeland Security, including the
Directorate of Emergency Preparedness and Response and the
Office for State and Local Government Coordination and
Preparedness.
Subtitle B--Government Reorganization Authority
SEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMUNITY
REORGANIZATION PLANS.
(a) Reorganization Plans.--Section 903(a)(2) of title 5,
United States Code, is amended to read as follows:
``(2) the abolition of all or a part of the functions of an
agency;''.
(b) Repeal of Limitations.--Section 905 of title 5, United
States Code, is amended to read as follows:
``Sec. 905. Limitation on authority.
``The authority to submit reorganization plans under this
chapter is limited to the following organizational units:
``(1) The Office of the National Intelligence Director.
``(2) The Central Intelligence Agency.
``(3) The National Security Agency.
``(4) The Defense Intelligence Agency.
``(5) The National Geospatial-Intelligence Agency.
``(6) The National Reconnaissance Office.
``(7) Other offices within the Department of Defense for
the collection of specialized national intelligence through
reconnaissance programs.
``(8) The intelligence elements of the Army, the Navy, the
Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
``(9) The Bureau of Intelligence and Research of the
Department of State.
``(10) The Office of Intelligence Analysis of the
Department of Treasury.
``(11) The elements of the Department of Homeland Security
concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
``(12) Such other elements of any other department or
agency as may be designated by the President, or designated
jointly by the National Intelligence Director and the head of
the department or agency concerned, as an element of the
intelligence community.''.
(c) Reorganization Plans.--903(a) of title 5, United States
Code, is amended--
(1) in paragraph (5), by striking ``or'' after the
semicolon;
(2) in paragraph (6), by striking the period and inserting
``; or''; and
(3) by inserting after paragraph (6) the following:
``(7) the creation of an agency.''.
(d) Application of Chapter.--Chapter 9 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 913. Application of chapter
``This chapter shall apply to any reorganization plan
transmitted to Congress in accordance with section 903(b) on
or after the date of enactment of this section.''.
(e) Technical and Conforming Amendments.--
(1) Table of sections.--The table of sections for chapter 9
of title 5, United States Code, is amended by adding after
the item relating to section 912 the following:
``913. Application of chapter.''.
(2) References.--Chapter 9 of title 5, United States Code,
is amended--
(A) in section 908(1), by striking ``on or before December
31, 1984''; and (B) in section 910, by striking ``Government
Operations'' each place it appears and inserting ``Government
Reform''.
(3) Date modification.--Section 909 of title 5, United
States Code, is amended in the first sentence by striking
``19'' and inserting ``20''.
Subtitle C--Restructuring Relating to the Department of Homeland
Security and Congressional Oversight
SEC. 5025. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) Amendment.--Section 878 of the Homeland Security Act of
2002 (6 U.S.C. 458) is amended to read as follows:
``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
``(a) Office.--There shall be in the Department an Office
of Counternarcotics Enforcement, which shall be headed by a
Director appointed by the President, by and with the advice
and consent of the Senate.
``(b) Assignment of Personnel.--(1) The Secretary shall
assign to the Office permanent staff and other appropriate
personnel detailed from other subdivisions of the Department
to carry out responsibilities under this section.
``(2) The Secretary shall designate senior employees from
each appropriate subdivision of the Department that has
significant counternarcotics responsibilities to act as a
liaison between that subdivision and the Office of
Counternarcotics Enforcement.
``(c) Limitation on Concurrent Employment.--Except as
provided in subsection (d), the Director of the Office of
Counternarcotics Enforcement shall not be employed by,
assigned to, or serve as the head of, any other branch of the
Federal Government, any State or local government, or any
subdivision of the Department other than the Office of
Counternarcotics Enforcement.
[[Page H8779]]
``(d) Eligibility To Serve as the United States
Interdiction Coordinator.--The Director of the Office of
Counternarcotics Enforcement may be appointed as the United
States Interdiction Coordinator by the Director of the Office
of National Drug Control Policy, and shall be the only person
at the Department eligible to be so appointed.
``(e) Responsibilities.--The Secretary shall direct the
Director of the Office of Counternarcotics Enforcement--
``(1) to coordinate policy and operations within the
Department, between the Department and other Federal
departments and agencies, and between the Department and
State and local agencies with respect to stopping the entry
of illegal drugs into the United States;
``(2) to ensure the adequacy of resources within the
Department for stopping the entry of illegal drugs into the
United States;
``(3) to recommend the appropriate financial and personnel
resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the
United States;
``(4) within the Joint Terrorism Task Force construct to
track and sever connections between illegal drug trafficking
and terrorism; and
``(5) to be a representative of the Department on all task
forces, committees, or other entities whose purpose is to
coordinate the counternarcotics enforcement activities of the
Department and other Federal, state or local agencies.
``(f) Reports to Congress.--
``(1) Annual budget review.--The Director of the Office of
Counternarcotics Enforcement shall, not later than 30 days
after the submission by the President to Congress of any
request for expenditures for the Department, submit to the
Committees on Appropriations and the authorizing committees
of jurisdiction of the House of Representatives and the
Senate a review and evaluation of such request. The review
and evaluation shall--
``(A) identify any request or subpart of any request that
affects or may affect the counternarcotics activities of the
Department or any of its subdivisions, or that affects the
ability of the Department or any subdivision of the
Department to meet its responsibility to stop the entry of
illegal drugs into the United States;
``(B) describe with particularity how such requested funds
would be or could be expended in furtherance of
counternarcotics activities; and
``(C) compare such requests with requests for expenditures
and amounts appropriated by Congress in the previous fiscal
year.
``(2) Evaluation of counternarcotics activities.--The
Director of the Office of Counternarcotics Enforcement shall,
not later than February 1 of each year, submit to the
Committees on Appropriations and the authorizing committees
of jurisdiction of the House of Representatives and the
Senate a review and evaluation of the counternarcotics
activities of the Department for the previous fiscal year.
The review and evaluation shall--
``(A) describe the counternarcotics activities of the
Department and each subdivision of the Department (whether
individually or in cooperation with other subdivisions of the
Department, or in cooperation with other branches of the
Federal Government or with State or local agencies),
including the methods, procedures, and systems (including
computer systems) for collecting, analyzing, sharing, and
disseminating information concerning narcotics activity
within the Department and between the Department and other
Federal, State, and local agencies;
``(B) describe the results of those activities, using
quantifiable data whenever possible;
``(C) state whether those activities were sufficient to
meet the responsibility of the Department to stop the entry
of illegal drugs into the United States, including a
description of the performance measures of effectiveness that
were used in making that determination; and
``(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department in
meeting its responsibility to stop the entry of illegal drugs
into the United States.
``(3) Classified or law enforcement sensitive
information.--Any content of a review and evaluation
described in the reports required in this subsection that
involves information classified under criteria established by
an Executive order, or whose public disclosure, as determined
by the Secretary, would be detrimental to the law enforcement
or national security activities of the Department or any
other Federal, State, or local agency, shall be presented to
Congress separately from the rest of the review and
evaluation.''.
(b) Conforming Amendment.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new
paragraph (8):
``(8) A Director of the Office of Counternarcotics
Enforcement.''.
(c) Authorization of Appropriations.--Of the amounts
appropriated for the Department of Homeland Security for
Departmental management and operations for fiscal year 2005,
there is authorized up to $6,000,000 to carry out section 878
of the Department of Homeland Security Act of 2002 (as
amended by this section).
SEC. 5026. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN
CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General.--Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 and following) is amended
by adding at the end the following:
``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN
CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
``(a) In General.--Each subdivision of the Department that
is a National Drug Control Program Agency shall include as
one of the criteria in its performance appraisal system, for
each employee directly or indirectly involved in the
enforcement of Federal, State, or local narcotics laws, the
performance of that employee with respect to the enforcement
of Federal, State, or local narcotics laws, relying to the
greatest extent practicable on objective performance
measures, including--
``(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State, or
local narcotics laws; and
``(2) the degree to which that employee cooperated with or
contributed to the efforts of other employees, either within
the Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
``(b) Definitions.--For purposes of this section--
``(1) the term `National Drug Control Program Agency'
means--
``(A) a National Drug Control Program Agency, as defined in
section 702(7) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (as last in effect); and
``(B) any subdivision of the Department that has a
significant counternarcotics responsibility, as determined
by--
``(i) the counternarcotics officer, appointed under section
878; or
``(ii) if applicable, the counternarcotics officer's
successor in function (as determined by the Secretary); and
``(2) the term `performance appraisal system' means a
system under which periodic appraisals of job performance of
employees are made, whether under chapter 43 of title 5,
United States Code, or otherwise.''.
(b) Clerical Amendment.--The table of contents for the
Homeland Security Act of 2002 is amended by inserting after
the item relating to section 842 the following:
``Sec. 843. Use of counternarcotics enforcement activities in certain
employee performance appraisals.''.
SEC. 5027. SENSE OF THE HOUSE OF REPRESENTATIVES ON
ADDRESSING HOMELAND SECURITY FOR THE AMERICAN
PEOPLE.
(a) Findings.--The House of Representatives finds that--
(1) the House of Representatives created a Select Committee
on Homeland Security at the start of the 108th Congress to
provide for vigorous congressional oversight for the
implementation and operation of the Department of Homeland
Security;
(2) the House of Representatives also charged the Select
Committee on Homeland Security with undertaking a thorough
and complete study of the operation and implementation of the
rules of the House, including the rule governing committee
jurisdiction, with respect to the issue of homeland security
and to make its recommendations to the Committee on Rules;
(3) on February 11, 2003, the Committee on Appropriations
of the House of Representatives created a new Subcommittee on
Homeland Security with jurisdiction over the Transportation
Security Administration, the Coast Guard, and other entities
within the Department of Homeland Security to help address
the integration of the Department of Homeland Security's 22
legacy agencies; and
(4) during the 108th Congress, the House of Representatives
has taken several steps to help ensure its continuity in the
event of a terrorist attack, including--
(A) adopting H.R. 2844, the Continuity of Representation
Act, a bill to require States to hold expedited special
elections to fill vacancies in the House of Representatives
not later than 45 days after the vacancy is announced by the
Speaker in extraordinary circumstances;
(B) granting authority for joint-leadership recalls from a
period of adjournment to an alternate place;
(C) allowing for anticipatory consent with the Senate to
assemble in an alternate place;
(D) establishing the requirement that the Speaker submit to
the Clerk a list of Members in the order in which each shall
act as Speaker pro tempore in the case of a vacancy in the
Office of Speaker (including physical inability of the
Speaker to discharge his duties) until the election of a
Speaker or a Speaker pro tempore, exercising such authorities
of the Speaker as may be necessary and appropriate to that
end;
(E) granting authority for the Speaker to declare an
emergency recess of the House subject to the call of the
Chair when notified of an imminent threat to the safety of
the House;
(F) granting authority for the Speaker, during any recess
or adjournment of not more than three days, in consultation
with the Minority Leader, to postpone the time for
reconvening or to reconvene before the time previously
appointed solely to declare the House in recess, in each case
within the constitutional three-day limit;
[[Page H8780]]
(G) establishing the authority for the Speaker to convene
the House in an alternate place within the seat of
Government; and
(H) codifying the long-standing practice that the death,
resignation, expulsion, disqualification, or removal of a
Member results in an adjustment of the quorum of the House,
which the Speaker shall announce to the House and which shall
not be subject to appeal.
(b) Sense of the House.--It is the sense of the House of
Representatives that the Committee on Rules should act upon
the recommendations provided by the Select Committee on
Homeland Security, and other committees of existing
jurisdiction, regarding the jurisdiction over proposed
legislation, messages, petitions, memorials and other matters
relating to homeland security prior to or at the start of the
109th Congress.
SEC. 5028. ASSISTANT SECRETARY FOR CYBERSECURITY.
(a) In General.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 USC 121 et. seq.) is amended by
adding at the end the following:
``SEC. 203. ASSISTANT SECRETARY FOR CYBERSERCURITY.
``(a) In General.--There shall be in the Department an
Assistant Secretary for Cybersecurity, who shall be appointed
by the President.
``(b) Responsibilities.--The Assistant Secretary for
Cybersecurity shall assist the Under Secretary for
Information Analysis and Infrastructure Protection in
discharging the responsibilities of the Under Secretary under
this subtitle.
``(c) Authority Over the National Communications System.--
The Assistant Secretary shall have primary authority within
the Department over the National Communications System.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 202 the following:
``203. Assistant Secretary for Cybersecurity.''.
Subtitle D--Improvements to Information Security
SEC. 5031. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE
AGENCY PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting ``security,'' after
``use,'';
(2) in section 11302(c), by inserting ``, including
information security risks,'' after ``risks'' both places it
appears;
(3) in section 11312(b)(1), by striking ``information
technology investments'' and inserting ``investments in
information technology (including information security
needs)''; and
(4) in section 11315(b)(2), by inserting ``, secure,''
after ``sound''.
Subtitle E--Personnel Management Improvements
CHAPTER 1--APPOINTMENTS PROCESS REFORM
SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSITIONS.
(a) Definition of National Security Position.--For purposes
of this section, the term ``national security position''
shall include--
(1) those positions that involve activities of the United
States Government that are concerned with the protection of
the Nation from foreign aggression, terrorism, or espionage,
including development of defense plans or policies,
intelligence or counterintelligence activities, and related
activities concerned with the preservation of military
strength of the United States and protection of the homeland;
and
(2) positions that require regular use of, or access to,
classified information.
(b) Publication in the Federal Register.--Not later than 60
days after the effective date of this section, the Director
of the Office of Personnel Management shall publish in the
Federal Register a list of offices that constitute national
security positions under section (a) for which Senate
confirmation is required by law, and the Director shall
revise such list from time to time as appropriate.
(c) Presidential Appointments.--(1) With respect to
appointment of individuals to offices identified under
section (b) and listed in sections 5315 or 5316 of title 5,
United States Code, which shall arise after the publication
of the list required by section (b), and notwithstanding any
other provision of law, the advice and consent of the Senate
shall not be required, but rather such appointment shall be
made by the President alone.
(2) With respect to appointment of individuals to offices
identified under section (b) and listed in sections 5313 or
5314 of title 5, United States Code, which shall arise after
the publication of the list required by section (b), and
notwithstanding any other provision of law, the advice and
consent of the Senate shall be required, except that if 30
legislative days shall have expired from the date on which a
nomination is submitted to the Senate without a confirmation
vote occurring in the Senate, such appointment shall be made
by the President alone.
(3) For the purposes of this subsection, the term
``legislative day'' means a day on which the Senate is in
session.
SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.
Subsections (a) and (b) of section 3349a of title 5, United
States Code, are amended to read as follows:
``(a) As used in this section--
``(1) the term `inauguration day' means the date on which
any person swears or affirms the oath of office as President;
and
``(2) the term `specified national security position' shall
mean not more than 20 positions requiring Senate
confirmation, not to include more than 3 heads of Executive
Departments, which are designated by the President on or
after an inauguration day as positions for which the duties
involve substantial responsibility for national security.
``(b) With respect to any vacancy that exists during the
60-day period beginning on an inauguration day, except where
the person swearing or affirming the oath of office was the
President on the date preceding the date of swearing or
affirming such oath of office, the 210-day period under
section 3346 or 3348 shall be deemed to begin on the later of
the date occurring--
``(1) 90 days after such transitional inauguration day; or
``(2) 90 days after the date on which the vacancy occurs.
``(c) With respect to any vacancy in any specified national
security position that exists during the 60-day period
beginning on an inauguration day, the requirements of
subparagraphs (A) and (B) of section 3345(a)(3) shall not
apply.''.
SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--The Ethics in Government Act of 1978 (5
U.S.C. App.) is amended by inserting before title IV the
following:
``TITLE III--INTELLIGENCE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS
``SEC. 301. PERSONS REQUIRED TO FILE.
``(a) Within 30 days of assuming the position of an officer
or employee described in subsection (e), an individual shall
file a report containing the information described in section
302(b) unless the individual has left another position
described in subsection (e) within 30 days prior to assuming
such new position or has already filed a report under this
title with respect to nomination for the new position or as a
candidate for the position.
``(b)(1) Within 5 days of the transmittal by the President
to the Senate of the nomination of an individual to a
position in the executive branch, appointment to which
requires the advice and consent of the Senate, such
individual shall file a report containing the information
described in section 302(b). Such individual shall, not later
than the date of the first hearing to consider the nomination
of such individual, make current the report filed pursuant to
this paragraph by filing the information required by section
302(a)(1)(A) with respect to income and honoraria received as
of the date which occurs 5 days before the date of such
hearing. Nothing in this Act shall prevent any congressional
committee from requesting, as a condition of confirmation,
any additional financial information from any Presidential
nominee whose nomination has been referred to that committee.
``(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at any
time after that public announcement, but not later than is
required under the first sentence of such paragraph.
``(c) Any individual who is an officer or employee
described in subsection (e) during any calendar year and
performs the duties of his position or office for a period in
excess of 60 days in that calendar year shall file on or
before May 15 of the succeeding year a report containing the
information described in section 302(a).
``(d) Any individual who occupies a position described in
subsection (e) shall, on or before the 30th day after
termination of employment in such position, file a report
containing the information described in section 302(a)
covering the preceding calendar year if the report required
by subsection (c) has not been filed and covering the portion
of the calendar year in which such termination occurs up to
the date the individual left such office or position, unless
such individual has accepted employment in or takes the oath
of office for another position described in subsection (e) or
section 101(f).
``(e) The officers and employees referred to in subsections
(a), (c), and (d) are those officers and employees who--
``(1) are employed in or under--
``(A) the Office of the National Intelligence Director; or
``(B) an element of the intelligence community, as defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4)); and
``(2) would (but for this subsection) otherwise be subject
to title I by virtue of paragraph (3) of section 101(f),
including--
``(A) any special Government employee and any member of a
uniformed service who is described in such paragraph; and
``(B) any officer or employee in any position with respect
to which the Director of the Office of Government Ethics
makes a determination described in such paragraph.
``(f)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by the
Office of Government Ethics, but the total of such extensions
shall not exceed 90 days.
``(2)(A) In the case of an individual who is serving in the
Armed Forces, or serving in support of the Armed Forces, in
an area while that area is designated by the President by
Executive order as a combat zone for
[[Page H8781]]
purposes of section 112 of the Internal Revenue Code of 1986,
the date for the filing of any report shall be extended so
that the date is 180 days after the later of--
``(i) the last day of the individual's service in such area
during such designated period; or
``(ii) the last day of the individual's hospitalization as
a result of injury received or disease contracted while
serving in such area.
``(B) The Office of Government Ethics, in consultation with
the Secretary of Defense, may prescribe procedures under this
paragraph.
``(g) The Director of the Office of Government Ethics may
grant a publicly available request for a waiver of any
reporting requirement under this title with respect to an
individual if the Director determines that--
``(1) such individual is not a full-time employee of the
Government;
``(2) such individual is able to provide special services
needed by the Government;
``(3) it is unlikely that such individual's outside
employment or financial interests will create a conflict of
interest;
``(4) such individual is not reasonably expected to perform
the duties of his office or position for more than 60 days in
a calendar year; and
``(5) public financial disclosure by such individual is not
necessary in the circumstances.
``SEC. 302. CONTENTS OF REPORTS.
``(a) Each report filed pursuant to section 301 (c) and (d)
shall include a full and complete statement with respect to
the following:
``(1)(A) The source, description, and category of amount or
value of income (other than income referred to in
subparagraph (B)) from any source (other than from current
employment by the United States Government), received during
the preceding calendar year, aggregating more than $500 in
amount or value, except that honoraria received during
Government service by an officer or employee shall include,
in addition to the source, the exact amount and the date it
was received.
``(B) The source, description, and category of amount or
value of investment income which may include but is not
limited to dividends, rents, interest, and capital gains,
received during the preceding calendar year which exceeds
$500 in amount or value.
``(C) The categories for reporting the amount or value of
income covered in subparagraphs (A) and (B) are--
``(i) greater than $500 but not more than $20,000;
``(ii) greater than $20,000 but not more than $100,000;
``(iii) greater than $100,000 but not more than $1,000,000;
``(iv) greater than $1,000,000 but not more than
$2,500,000; and
``(v) greater than $2,500,000.
``(2)(A) The identity of the source, a brief description,
and the value of all gifts aggregating more than the minimal
value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any
source other than a relative of the reporting individual
during the preceding calendar year, except that any food,
lodging, or entertainment received as personal hospitality of
an individual need not be reported, and any gift with a fair
market value of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value is adjusted,
need not be aggregated for purposes of this subparagraph.
``(B) The identity of the source and a brief description
(including dates of travel and nature of expenses provided)
of reimbursements received from any source aggregating more
than the minimal value as established by section 7342(a)(5)
of title 5, United States Code, or $250, whichever is greater
and received during the preceding calendar year.
``(C) In an unusual case, a gift need not be aggregated
under subparagraph (A) if a publicly available request for a
waiver is granted.
``(3) The identity and category of value of any interest in
property held during the preceding calendar year in a trade
or business, or for investment or the production of income,
which has a fair market value which exceeds $5,000 as of the
close of the preceding calendar year, excluding any personal
liability owed to the reporting individual by a spouse, or by
a parent, brother, sister, or child of the reporting
individual or of the reporting individual's spouse, or any
deposit accounts aggregating $100,000 or less in a financial
institution, or any Federal Government securities aggregating
$100,000 or less.
``(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a
parent, brother, sister, or child of the reporting individual
or of the reporting individual's spouse which exceed $20,000
at any time during the preceding calendar year, excluding--
``(A) any mortgage secured by real property which is a
personal residence of the reporting individual or his spouse;
and
``(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not
exceed the purchase price of the item which secures it.
With respect to revolving charge accounts, only those with an
outstanding liability which exceeds $20,000 as of the close
of the preceding calendar year need be reported under this
paragraph.
``(5) Except as provided in this paragraph, a brief
description of any real property, other than property used
solely as a personal residence of the reporting individual or
his spouse, and stocks, bonds, commodities futures, and other
forms of securities, if--
``(A) purchased, sold, or exchanged during the preceding
calendar year;
``(B) the value of the transaction exceeded $5,000; and
``(C) the property or security is not already required to
be reported as a source of income pursuant to paragraph
(1)(B) or as an asset pursuant to paragraph (3).
Reporting is not required under this paragraph of any
transaction solely by and between the reporting individual,
his spouse, or dependent children.
``(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for
the first report filed by an individual, during the 1-year
period preceding such calendar year) as an officer, director,
trustee, partner, proprietor, representative, employee, or
consultant of any corporation, company, firm, partnership, or
other business enterprise, any nonprofit organization, any
labor organization, or any educational or other institution
other than the United States Government. This subparagraph
shall not require the reporting of positions held in any
religious, social, fraternal, or political entity and
positions solely of an honorary nature.
``(B) If any person, other than a person reported as a
source of income under paragraph (1)(A) or the United States
Government, paid a nonelected reporting individual
compensation in excess of $25,000 in the calendar year in
which, or the calendar year prior to the calendar year in
which, the individual files his first report under this
title, the individual shall include in the report--
``(i) the identity of each source of such compensation; and
``(ii) a brief description of the nature of the duties
performed or services rendered by the reporting individual
for each such source.
``(C) Subparagraph (B) shall not require any individual to
include in such report any information--
``(i) with respect to a person for whom services were
provided by any firm or association of which such individual
was a member, partner, or employee, unless the individual was
directly involved in the provision of such services;
``(ii) that is protected by a court order or is under seal;
or
``(iii) that is considered confidential as a result of--
``(I) a privileged relationship established by a
confidentiality agreement entered into at the time the person
retained the services of the individual;
``(II) a grand jury proceeding or a nonpublic
investigation, if there are no public filings, statements,
appearances, or reports that identify the person for whom
such individual is providing services; or
``(III) an applicable rule of professional conduct that
prohibits disclosure of the information and that can be
enforced by a professional licensing body.
``(7) A description of parties to and terms of any
agreement or arrangement with respect to (A) future
employment; (B) a leave of absence during the period of the
reporting individual's Government service; (C) continuation
of payments by a former employer other than the United States
Government; and (D) continuing participation in an employee
welfare or benefit plan maintained by a former employer. The
description of any formal agreement for future employment
shall include the date of that agreement.
``(8) The category of the total cash value of any interest
of the reporting individual in a qualified blind trust.
``(b)(1) Each report filed pursuant to subsections (a) and
(b) of section 301 shall include a full and complete
statement with respect to the information required by--
``(A) paragraphs (1) and (6) of subsection (a) for the year
of filing and the preceding calendar year,
``(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days
before the filing date, and
``(C) paragraph (7) of subsection (a) as of the filing date
but for periods described in such paragraph.
``(2)(A) In lieu of filling out 1 or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the Office of Government Ethics or
pursuant to a specific written determination by the Director
of the Office of Government Ethics for a reporting
individual.
``(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a
reporting individual may indicate the exact dollar amount of
such item.
``(c) In the case of any individual described in section
301(e), any reference to the preceding calendar year shall be
considered also to include that part of the calendar year of
filing up to the date of the termination of employment.
``(d)(1) The categories for reporting the amount or value
of the items covered in subsection (a)(3) are--
``(A) greater than $5,000 but not more than $15,000;
``(B) greater than $15,000 but not more than $25,000;
``(C) greater than $25,000 but not more than $100,000;
``(D) greater than $100,000 but not more than $1,000,000;
[[Page H8782]]
``(E) greater than $1,000,000 but not more than $2,500,000;
and
``(F) greater than $2,500,000.
``(2) For the purposes of subsection (a)(3) if the current
value of an interest in real property (or an interest in a
real estate partnership) is not ascertainable without an
appraisal, an individual may list (A) the date of purchase
and the purchase price of the interest in the real property,
or (B) the assessed value of the real property for tax
purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1). If the current value of any other
item required to be reported under subsection (a)(3) is not
ascertainable without an appraisal, such individual may list
the book value of a corporation whose stock is not publicly
traded, the net worth of a business partnership, the equity
value of an individually owned business, or with respect to
other holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value. In
lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax
purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full and
complete description of the method used in determining such
assessed value shall be included in the report.
``(3) The categories for reporting the amount or value of
the items covered in paragraphs (4) and (8) of subsection (a)
are--
``(A) greater than $20,000 but not more than $100,000;
``(B) greater than $100,000 but not more than $500,000;
``(C) greater than $500,000 but not more than $1,000,000;
and
``(D) greater than $1,000,000.
``(e)(1) Except as provided in subparagraph (F), each
report required by section 301 shall also contain information
listed in paragraphs (1) through (5) of subsection (a)
respecting the spouse or dependent child of the reporting
individual as follows:
``(A) The sources of earned income earned by a spouse,
including honoraria, which exceed $500, except that, with
respect to earned income, if the spouse is self-employed in
business or a profession, only the nature of such business or
profession need be reported.
``(B) All information required to be reported in subsection
(a)(1)(B) with respect to investment income derived by a
spouse or dependent child.
``(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the
reporting individual, the identity of the source and a brief
description of gifts of transportation, lodging, food, or
entertainment and a brief description and the value of other
gifts.
``(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally
independent of the relationship of the spouse or dependent
child to the reporting individual, the identity of the source
and a brief description of each such reimbursement.
``(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be
reported under these paragraphs other than items which the
reporting individual certifies (i) represent the spouse's or
dependent child's sole financial interest or responsibility
and which the reporting individual has no knowledge of, (ii)
are not in any way, past or present, derived from the income,
assets, or activities of the reporting individual, and (iii)
are ones from which he neither derives, nor expects to
derive, any financial or economic benefit.
``(F) Reports required by subsections (a), (b), and (c) of
section 301 shall, with respect to the spouse and dependent
child of the reporting individual, only contain information
listed in paragraphs (1), (3), and (4) of subsection (a).
``(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation, or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
``(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required to
be reported pursuant to subsections (a), (b), and (c) with
respect to the holdings of and the income from a trust or
other financial arrangement from which income is received by,
or with respect to which a beneficial interest in principal
or income is held by, such individual, his spouse, or any
dependent child.
``(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
``(A) any qualified blind trust (as defined in paragraph
(3));
``(B) a trust--
``(i) which was not created directly by such individual,
his spouse, or any dependent child, and
``(ii) the holdings or sources of income of which such
individual, his spouse, and any dependent child have no
knowledge; or
``(C) an entity described under the provisions of paragraph
(8), but such individual shall report the category of the
amount of income received by him, his spouse, or any
dependent child from the trust or other entity under
subsection (a)(1)(B).
``(3) For purposes of this subsection, the term `qualified
blind trust' includes any trust in which a reporting
individual, his spouse, or any minor or dependent child has a
beneficial interest in the principal or income, and which
meets the following requirements:
``(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary
duties is a financial institution, an attorney, a certified
public accountant, a broker, or an investment advisor who--
``(I) is independent of and not affiliated with any
interested party so that the trustee or other person cannot
be controlled or influenced in the administration of the
trust by any interested party;
``(II) is not and has not been an employee of or affiliated
with any interested party and is not a partner of, or
involved in any joint venture or other investment with, any
interested party; and
``(III) is not a relative of any interested party.
``(ii) Any officer or employee of a trustee or other entity
who is involved in the management or control of the trust--
``(I) is independent of and not affiliated with any
interested party so that such officer or employee cannot be
controlled or influenced in the administration of the trust
by any interested party;
``(II) is not a partner of, or involved in any joint
venture or other investment with, any interested party; and
``(III) is not a relative of any interested party.
``(B) Any asset transferred to the trust by an interested
party is free of any restriction with respect to its transfer
or sale unless such restriction is expressly approved by the
Office of Government Ethics.
``(C) The trust instrument which establishes the trust
provides that--
``(i) except to the extent provided in subparagraph (B),
the trustee in the exercise of his authority and discretion
to manage and control the assets of the trust shall not
consult or notify any interested party;
``(ii) the trust shall not contain any asset the holding of
which by an interested party is prohibited by any law or
regulation;
``(iii) the trustee shall promptly notify the reporting
individual and the Office of Government Ethics when the
holdings of any particular asset transferred to the trust by
any interested party are disposed of or when the value of
such holding is less than $1,000;
``(iv) the trust tax return shall be prepared by the
trustee or his designee, and such return and any information
relating thereto (other than the trust income summarized in
appropriate categories necessary to complete an interested
party's tax return), shall not be disclosed to any interested
party;
``(v) an interested party shall not receive any report on
the holdings and sources of income of the trust, except a
report at the end of each calendar quarter with respect to
the total cash value of the interest of the interested party
in the trust or the net income or loss of the trust or any
reports necessary to enable the interested party to complete
an individual tax return required by law or to provide the
information required by subsection (a)(1) of this section,
but such report shall not identify any asset or holding;
``(vi) except for communications which solely consist of
requests for distributions of cash or other unspecified
assets of the trust, there shall be no direct or indirect
communication between the trustee and an interested party
with respect to the trust unless such communication is in
writing and unless it relates only (I) to the general
financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing
income or long-term capital gain), (II) to the notification
of the trustee of a law or regulation subsequently applicable
to the reporting individual which prohibits the interested
party from holding an asset, which notification directs that
the asset not be held by the trust, or (III) to directions to
the trustee to sell all of an asset initially placed in the
trust by an interested party which in the determination of
the reporting individual creates a conflict of interest or
the appearance thereof due to the subsequent assumption of
duties by the reporting individual (but nothing herein shall
require any such direction); and
``(vii) the interested parties shall make no effort to
obtain information with respect to the holdings of the trust,
including obtaining a copy of any trust tax return filed or
any information relating thereto except as otherwise provided
in this subsection.
``(D) The proposed trust instrument and the proposed
trustee is approved by the Office of Government Ethics.
``(E) For purposes of this subsection, `interested party'
means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in
section 3(a)(4) of the Securities and Exchange Act of 1934
(15 U.S.C. 78c(a)(4)); and `investment adviser' includes any
investment adviser who, as determined under regulations
prescribed by the supervising ethics office, is generally
involved in his role as such an adviser in the management or
control of trusts.
``(4)(A) An asset placed in a trust by an interested party
shall be considered a financial
[[Page H8783]]
interest of the reporting individual, for the purposes of any
applicable conflict of interest statutes, regulations, or
rules of the Federal Government (including section 208 of
title 18, United States Code), until such time as the
reporting individual is notified by the trustee that such
asset has been disposed of, or has a value of less than
$1,000.
``(B)(i) The provisions of subparagraph (A) shall not apply
with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the Office of Government
Ethics finds that--
``(I) the assets placed in the trust consist of a widely-
diversified portfolio of readily marketable securities;
``(II) none of the assets consist of securities of entities
having substantial activities in the area of the reporting
individual's primary area of responsibility;
``(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and
(iv), from making public or informing any interested party of
the sale of any securities;
``(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v), to
prepare on behalf of any interested party the personal income
tax returns and similar returns which may contain information
relating to the trust; and
``(V) except as otherwise provided in this paragraph, the
trust instrument provides (or in the case of a trust which by
its terms does not permit amendment, the trustee, the
reporting individual, and any other interested party agree in
writing) that the trust shall be administered in accordance
with the requirements of this subsection and the trustee of
such trust meets the requirements of paragraph (3)(A).
``(ii) In any instance covered by subparagraph (B) in which
the reporting individual is an individual whose nomination is
being considered by a congressional committee, the reporting
individual shall inform the congressional committee
considering his nomination before or during the period of
such individual's confirmation hearing of his intention to
comply with this paragraph.
``(5)(A) The reporting individual shall, within 30 days
after a qualified blind trust is approved by the Office of
Government Ethics, file with such office a copy of--
``(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary
disposition of the trust assets), and
``(ii) a list of the assets which were transferred to such
trust, including the category of value of each asset as
determined under subsection (d).
This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7).
``(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously
established qualified blind trust, notify the Office of
Government Ethics of the identity of each such asset and the
category of value of each asset as determined under
subsection (d).
``(C) Within 30 days of the dissolution of a qualified
blind trust, a reporting individual shall (i) notify the
Office of Government Ethics of such dissolution, and (ii)
file with such Office and his designated agency ethics
official a copy of a list of the assets of the trust at the
time of such dissolution and the category of value under
subsection (c) of each such asset.
``(D) Documents filed under subparagraphs (A), (B), and (C)
and the lists provided by the trustee of assets placed in the
trust by an interested party which have been sold shall be
made available to the public in the same manner as a report
is made available under section 305 and the provisions of
that section shall apply with respect to such documents and
lists.
``(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the Office of
Government Ethics within 5 days of the date of the
communication.
``(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such trust
that may not be disclosed under paragraph (3); (ii) acquire
any holding the ownership of which is prohibited by the trust
instrument; (iii) solicit advice from any interested party
with respect to such trust, which solicitation is prohibited
by paragraph (3) or the trust agreement; or (iv) fail to file
any document required by this subsection.
``(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) or (ii) fail to file any document required
by this subsection.
``(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B). The court in which
such action is brought may assess against such individual a
civil penalty in any amount not to exceed $11,000.
``(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B). The court in which such action is
brought may assess against such individual a civil penalty in
any amount not to exceed $5,500.
``(7) Any trust may be considered to be a qualified blind
trust if--
``(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust
instrument which does not by its terms permit amendment, the
trustee, the reporting individual, and any other interested
party agree in writing that the trust shall be administered
in accordance with the requirements of this subsection and
the trustee of such trust meets the requirements of paragraph
(3)(A); except that in the case of any interested party who
is a dependent child, a parent or guardian of such child may
execute the agreement referred to in this
subparagraph;paragraph;
``(B) a copy of the trust instrument (except testamentary
provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust
at the time of approval by the Office of Government Ethics,
including the category of value of each asset as determined
under subsection (d), are filed with such office and made
available to the public as provided under paragraph (5)(D);
and
``(C) the Director of the Office of Government Ethics
determines that approval of the trust arrangement as a
qualified blind trust is in the particular case appropriate
to assure compliance with applicable laws and regulations.
``(8) A reporting individual shall not be required to
report the financial interests held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
``(A)(i) the fund is publicly traded; or
``(ii) the assets of the fund are widely diversified; and
``(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the
financial interests held by the fund.
``(9)(A) A reporting individual described in subsection
(a), (b), or (c) of section 301 shall not be required to
report the assets or sources of income of any publicly
available investment fund if--
``(i) the identity of such assets and sources of income is
not provided to investors;
``(ii) the reporting individual neither exercises control
over nor has the ability to exercise control over the fund;
and
``(iii) the reporting individual--
``(I) does not otherwise have knowledge of the individual
assets of the fund and provides written certification by the
fund manager that individual assets of the fund are not
disclosed to investors; or
``(II) has executed a written ethics agreement that
contains a commitment to divest the interest in the
investment fund no later than 90 days after the date of the
agreement.
The reporting individual shall file the written certification
by the fund manager as an attachment to the report filed
pursuant to section 301.
``(B) The provisions of subparagraph (A) shall apply to an
individual described in subsection (d) or (e) of section 301
if--
``(i) the interest in the trust or investment fund is
acquired, during the period to be covered by the report,
involuntarily (such as through inheritance) or as a legal
incident of marriage; and
``(ii) for an individual described in subsection (d), the
individual executes a written ethics agreement containing a
commitment to divest the interest no later than 90 days after
the date the report is due.
Failure to divest within the time specified or within an
extension period granted by the supervising ethics office for
good cause shown shall result in an immediate requirement to
report as specified in paragraph (1).
``(g) Political campaign funds, including campaign receipts
and expenditures, need not be included in any report filed
pursuant to this title.
``(h) A report filed pursuant to subsection (a), (c), or
(d) of section 301 need not contain the information described
in subparagraphs (A), (B), and (C) of subsection (a)(2) with
respect to gifts and reimbursements received in a period when
the reporting individual was not an officer or employee of
the Federal Government.
``(i) A reporting individual shall not be required under
this title to report--
``(1) financial interests in or income derived from--
``(A) any retirement system under title 5, United States
Code (including the Thrift Savings Plan under subchapter III
of chapter 84 of such title); or
``(B) any other retirement system maintained by the United
States for officers or employees of the United States,
including the President, or for members of the uniformed
services; or
``(2) benefits received under the Social Security Act (42
U.S.C. 301 et seq.).
``SEC. 303. FILING OF REPORTS.
``(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics
official at the agency by which he is employed (or in the
case of an individual described in section 301(d), was
employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental report)
shall be noted on such report by such official.
``(b) Reports required of members of the uniformed services
shall be filed with the Secretary concerned.
[[Page H8784]]
``(c) The Office of Government Ethics shall develop and
make available forms for reporting the information required
by this title.
``SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.
``(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 302. The court in which such action is
brought may assess against such individual a civil penalty in
any amount, not to exceed $11,000, order the individual to
file or report any information required by section 302, or
both.
``(b) The head of each agency, each Secretary concerned, or
the Director of the Office of Government Ethics, as the case
may be, shall refer to the Attorney General the name of any
individual which such official has reasonable cause to
believe has willfully failed to file a report or has
willfully falsified or willfully failed to file information
required to be reported.
``(c) The President, the Vice President, the Secretary
concerned, or the head of each agency may take any
appropriate personnel or other action in accordance with
applicable law or regulation against any individual failing
to file a report or falsifying or failing to report
information required to be reported.
``(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later of--
``(A) the date such report is required to be filed pursuant
to the provisions of this title and the rules and regulations
promulgated thereunder; or
``(B) if a filing extension is granted to such individual
under section 301(g), the last day of the filing extension
period, shall, at the direction of and pursuant to
regulations issued by the Office of Government Ethics, pay a
filing fee of $500. All such fees shall be deposited in the
miscellaneous receipts of the Treasury. The authority under
this paragraph to direct the payment of a filing fee may be
delegated by the Office of Government Ethics to other
agencies in the executive branch.
``(2) The Office of Government Ethics may waive the filing
fee under this subsection for good cause shown.
``SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.
``Any report filed with or transmitted to an agency or the
Office of Government Ethics pursuant to this title shall be
made available to the public (in the same manner as described
in section 105) and retained by such agency or Office, as the
case may be, for a period of 6 years after receipt of the
report. After such 6-year period the report shall be
destroyed unless needed in an ongoing investigation, except
that in the case of an individual who filed the report
pursuant to section 301(b) and was not subsequently confirmed
by the Senate, such reports shall be destroyed 1 year after
the individual is no longer under consideration by the
Senate, unless needed in an ongoing investigation.
``SEC. 306. REVIEW OF REPORTS.
``(a) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report
filed with him under this title is reviewed within 60 days
after the date of such filing, except that the Director of
the Office of Government Ethics shall review only those
reports required to be transmitted to him under this title
within 60 days after the date of transmittal.
``(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics, the
Secretary concerned, or the designated agency ethics
official, as the case may be, is of the opinion that on the
basis of information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
``(2) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics
official after reviewing any report under subsection (a)--
``(A) believes additional information is required to be
submitted to complete the report or to perform a conflict of
interest analysis, he shall notify the individual submitting
such report what additional information is required and the
time by which it must be submitted, or
``(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with
applicable laws and regulations, he shall notify the
individual, afford a reasonable opportunity for a written or
oral response, and after consideration of such response,
reach an opinion as to whether or not, on the basis of
information submitted, the individual is in compliance with
such laws and regulations.
``(3) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics
official reaches an opinion under paragraph (2)(B) that an
individual is not in compliance with applicable laws and
regulations, the official shall notify the individual of that
opinion and, after an opportunity for personal consultation
(if practicable), determine and notify the individual of
which steps, if any, would in the opinion of such official be
appropriate for assuring compliance with such laws and
regulations and the date by which such steps should be taken.
Such steps may include, as appropriate--
``(A) divestiture,
``(B) restitution,
``(C) the establishment of a blind trust,
``(D) request for an exemption under section 208(b) of
title 18, United States Code, or
``(E) voluntary request for transfer, reassignment,
limitation of duties, or resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the Office of Government Ethics may
prescribe.
``(4) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by an individual in a position in the executive branch,
appointment to which requires the advice and consent of the
Senate, the matter shall be referred to the President for
appropriate action.
``(5) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by a member of the Foreign Service or the uniformed
services, the Secretary concerned shall take appropriate
action.
``(6) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph
(3) by any other officer or employee, the matter shall be
referred to the head of the appropriate agency for
appropriate action.
``(7) The Office of Government Ethics may render advisory
opinions interpreting this title. Notwithstanding any other
provision of law, the individual to whom a public advisory
opinion is rendered in accordance with this paragraph, and
any other individual covered by this title who is involved in
a fact situation which is indistinguishable in all material
aspects, and who acts in good faith in accordance with the
provisions and findings of such advisory opinion shall not,
as a result of such act, be subject to any penalty or
sanction provided by this title.
``SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL
REQUIREMENTS.
``(a)(1) The Office of Government Ethics may require
officers and employees of the executive branch (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as it may prescribe. The
information required to be reported under this subsection by
the officers and employees of any department or agency listed
in section 301(e) shall be set forth in rules or regulations
prescribed by the Office of Government Ethics, and may be
less extensive than otherwise required by this title, or more
extensive when determined by the Office of Government Ethics
to be necessary and appropriate in light of sections 202
through 209 of title 18, United States Code, regulations
promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a
report pursuant to section 301 shall not be required to file
a confidential report pursuant to this subsection, except
with respect to information which is more extensive than
information otherwise required by this title. Section 305
shall not apply with respect to any such report.
``(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
``(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
``(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest. Such
provisions of this title shall not supersede the requirements
of section 7342 of title 5, United States Code.
``(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of assets,
liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order,
rule, or regulation.
``SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.
``The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of
carrying out his statutory responsibilities.
``SEC. 309. DEFINITIONS.
``For the purposes of this title--
``(1) the term `dependent child' means, when used with
respect to any reporting individual, any individual who is a
son, daughter, stepson, or stepdaughter and who--
``(A) is unmarried and under age 21 and is living in the
household of such reporting individual; or
``(B) is a dependent of such reporting individual within
the meaning of section 152 of the Internal Revenue Code of
1986 (26 U.S.C. 152);
``(2) the term `designated agency ethics official' means an
officer or employee who is designated to administer the
provisions of this title within an agency;
``(3) the term `executive branch' includes--
``(A) each Executive agency (as defined in section 105 of
title 5, United States Code), other than the General
Accounting Office; and
``(B) any other entity or administrative unit in the
executive branch;
``(4) the term `gift' means a payment, advance,
forbearance, rendering, or deposit of
[[Page H8785]]
money, or any thing of value, unless consideration of equal
or greater value is received by the donor, but does not
include--
``(A) bequests and other forms of inheritance;
``(B) suitable mementos of a function honoring the
reporting individual;
``(C) food, lodging, transportation, and entertainment
provided by a foreign government within a foreign country or
by the United States Government, the District of Columbia, or
a State or local government or political subdivision thereof;
``(D) food and beverages which are not consumed in
connection with a gift of overnight lodging;
``(E) communications to the offices of a reporting
individual, including subscriptions to newspapers and
periodicals; or
``(F) items that are accepted pursuant to or are required
to be reported by the reporting individual under section 7342
of title 5, United States Code.
``(5) the term `honorarium' means a payment of money or
anything of value for an appearance, speech, or article;
``(6) the term `income' means all income from whatever
source derived, including but not limited to the following
items: compensation for services, including fees,
commissions, and similar items; gross income derived from
business (and net income if the individual elects to include
it); gains derived from dealings in property; interest;
rents; royalties; prizes and awards; dividends; annuities;
income from life insurance and endowment contracts; pensions;
income from discharge of indebtedness; distributive share of
partnership income; and income from an interest in an estate
or trust;
``(7) the term `personal hospitality of any individual'
means hospitality extended for a nonbusiness purpose by an
individual, not a corporation or organization, at the
personal residence of that individual or his family or on
property or facilities owned by that individual or his
family;
``(8) the term `reimbursement' means any payment or other
thing of value received by the reporting individual, other
than gifts, to cover travel-related expenses of such
individual other than those which are--
``(A) provided by the United States Government, the
District of Columbia, or a State or local government or
political subdivision thereof;
``(B) required to be reported by the reporting individual
under section 7342 of title 5, United States Code; or
``(C) required to be reported under section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434);
``(9) the term `relative' means an individual who is
related to the reporting individual, as father, mother, son,
daughter, brother, sister, uncle, aunt, great aunt, great
uncle, first cousin, nephew, niece, husband, wife,
grandfather, grandmother, grandson, granddaughter, father-in-
law, mother-in-law, son-in-law, daughter-in-law, brother-in-
law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half
sister, or who is the grandfather or grandmother of the
spouse of the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting individual;
``(10) the term `Secretary concerned' has the meaning set
forth in section 101(a)(9) of title 10, United States Code;
and
``(11) the term `value' means a good faith estimate of the
dollar value if the exact value is neither known nor easily
obtainable by the reporting individual.
``SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS
AGREEMENTS.
``(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of
Government Ethics, or a Senate confirmation committee, to
take any action to comply with this Act or any other law or
regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect to,
officers or employees of the Government, that individual
shall notify in writing the designated agency ethics
official, the Office of Government Ethics, or the appropriate
committee of the Senate, as the case may be, of any action
taken by the individual pursuant to that agreement. Such
notification shall be made not later than the date specified
in the agreement by which action by the individual must be
taken, or not later than 3 months after the date of the
agreement, if no date for action is so specified. If all
actions agreed to have not been completed by the date of this
notification, such notification shall continue on a monthly
basis thereafter until the individual has met the terms of
the agreement.
``(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from particular
categories of agency or other official action, the individual
shall reduce to writing those subjects regarding which the
recusal agreement will apply and the process by which it will
be determined whether the individual must recuse himself or
herself in a specific instance. An individual shall be
considered to have complied with the requirements of
subsection (a) with respect to such recusal agreement if such
individual files a copy of the document setting forth the
information described in the preceding sentence with such
individual's designated agency ethics official or the Office
of Government Ethics not later than the date specified in the
agreement by which action by the individual must be taken, or
not later than 3 months after the date of the agreement, if
no date for action is so specified.
``SEC. 311. ADMINISTRATION OF PROVISIONS.
``The Office of Government Ethics shall issue regulations,
develop forms, and provide such guidance as is necessary to
implement and interpret this title.''.
(b) Exemption From Public Access to Financial
Disclosures.--Section 105(a)(1) of such Act is amended by
inserting ``the Office of the National Intelligence
Director,'' before ``the Central Intelligence Agency''.
(c) Conforming Amendment.--Section 101(f) of such Act is
amended--
(1) in paragraph (12), by striking the period at the end
and inserting a semicolon; and
(2) by adding at the end the following:
``but do not include any officer or employee of any
department or agency listed in section 301(e).''.
SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH
SENATE CONFIRMATION.
(a) Definition.--In this section, the term ``agency'' means
an Executive agency, as defined under section 105 of title 5,
United States Code.
(b) Reduction Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the head of each agency shall submit a
Presidential appointment reduction plan to--
(A) the President;
(B) the Committee on Governmental Affairs of the Senate;
and
(C) the Committee on Government Reform of the House of
Representatives.
(2) Content.--The plan under this subsection shall provide
for the reduction of--
(A) the number of positions within that agency that require
an appointment by the President, by and with the advice and
consent of the Senate; and
(B) the number of levels of such positions within that
agency.
SEC. 5045. EFFECTIVE DATES.
(a) Section 5043.--
(1) In general.--Subject to paragraph (2), the amendments
made by section 5043 shall take effect on January 1 of the
year following the year in which occurs the date of enactment
of this Act.
(2) Later date.--If this Act is enacted on or after July 1
of a year, the amendments made by section 301 shall take
effect on July 1 of the following year.
(b) Section 5044.--Section 5044 shall take effect on the
date of enactment of this Act.
CHAPTER 2--FEDERAL BUREAU OF INVESTIGATION REVITALIZATION
SEC. 5051. MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System.--Section 8335(b) of
title 5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with
the preceding sentence shall cease to be available after
December 31, 2009.''.
(b) Federal Employees' Retirement System.--Section 8425(b)
of title 5, United States Code, is amended--
(1) by striking ``(b)'' and inserting ``(b)(1)''; and
(2) by adding at the end the following:
``(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be
applied by substituting `65 years of age' for `60 years of
age'. The authority to grant exemptions in accordance with
the preceding sentence shall cease to be available after
December 31, 2009.''.
SEC. 5052. RETENTION AND RELOCATION BONUSES.
(a) In General.--Subchapter IV of chapter 57 of title 5,
United States Code, is amended by adding at the end the
following:
``Sec. 5759. Retention and relocation bonuses for the Federal
Bureau of Investigation
``(a) Authority.--The Director of the Federal Bureau of
Investigation, after consultation with the Director of the
Office of Personnel Management, may pay, on a case-by-case
basis, a bonus under this section to an employee of the
Bureau if--
``(1)(A) the unusually high or unique qualifications of the
employee or a special need of the Bureau for the employee's
services makes it essential to retain the employee; and
``(B) the Director of the Federal Bureau of Investigation
determines that, in the absence of such a bonus, the employee
would be likely to leave--
``(i) the Federal service; or
``(ii) for a different position in the Federal service; or
``(2) the individual is transferred to a different
geographic area with a higher cost of living (as determined
by the Director of the Federal Bureau of Investigation).
``(b) Service Agreement.--Payment of a bonus under this
section is contingent upon the employee entering into a
written service agreement with the Bureau to complete a
period of service, not to exceed 4 years, with the Bureau.
Such agreement shall include--
``(1) the period of service the individual shall be
required to complete in return for the bonus; and
``(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
[[Page H8786]]
``(c) Limitations on Authority.--A bonus paid under this
section--
``(1) shall not exceed 50 percent of the annual rate of
basic pay of the employee as of the beginning of the period
of service (established under subsection (b)) multiplied by
the number of years (including a fractional part of a year)
in the required period of service of the employee involved,
but shall in no event exceed 100 percent of the annual rate
of basic pay of the employee as of the beginning of the
service period; and
``(2) may not be paid to an individual who is appointed to
or who holds a position--
``(A) to which an individual is appointed by the President,
by and with the advice and consent of the Senate; or
``(B) in the Senior Executive Service as a noncareer
appointee (as defined in section 3132(a)).
``(d) Impact on Basic Pay.--A retention bonus is not part
of the basic pay of an employee for any purpose.
``(e) Termination of Authority.--The authority to grant
bonuses under this section shall cease to be available after
December 31, 2009.''.
(b) Clerical Amendment.--The analysis for chapter 57 of
title 5, United States Code, is amended by adding at the end
the following:
``5759. Retention and relocation bonuses for the Federal Bureau of
Investigation.''.
SEC. 5053. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General.--Chapter 35 of title 5, United States Code,
is amended by adding at the end the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``Sec. 3598. Federal Bureau of Investigation Reserve Service
``(a) Establishment.--The Director of the Federal Bureau of
Investigation may provide for the establishment and training
of a Federal Bureau of Investigation Reserve Service
(hereinafter in this section referred to as the `FBI Reserve
Service') for temporary reemployment of employees in the
Bureau during periods of emergency, as determined by the
Director.
``(b) Membership.--Membership in the FBI Reserve Service
shall be limited to individuals who previously served as
full-time employees of the Bureau.
``(c) Annuitants.--If an individual receiving an annuity
from the Civil Service Retirement and Disability Fund on the
basis of such individual's service becomes temporarily
reemployed pursuant to this section, such annuity shall not
be discontinued thereby. An individual so reemployed shall
not be considered an employee for the purposes of chapter 83
or 84.
``(d) No Impact on Bureau Personnel Ceiling.--FBI Reserve
Service members reemployed on a temporary basis pursuant to
this section shall not count against any personnel ceiling
applicable to the Bureau.
``(e) Expenses.--The Director may provide members of the
FBI Reserve Service transportation and per diem in lieu of
subsistence, in accordance with applicable provisions of this
title, for the purpose of participating in any training that
relates to service as a member of the FBI Reserve Service.
``(f) Limitation on Membership.--Membership of the FBI
Reserve Service is not to exceed 500 members at any given
time.
``(g) Limitation on Duration of Service.--An individual may
not be reemployed under this section for more than 180 days
in connection with any particular emergency unless, in the
judgment of the Director, the public interest so requires.''.
(b) Clerical Amendment.--The analysis for chapter 35 of
title 5, United States Code, is amended by adding at the end
the following:
``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE
FEDERAL BUREAU OF INVESTIGATION
``3598. Federal Bureau of Investigation Reserve Service.''.
SEC. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF
INVESTIGATION INTELLIGENCE DIRECTORATE.
Section 5377(a)(2) of title 5, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by inserting after subparagraph (F) the following:
``(G) a position at the Federal Bureau of Investigation,
the primary duties and responsibilities of which relate to
intelligence functions (as determined by the Director of the
Federal Bureau of Investigation).''.
CHAPTER 3--REPORTING REQUIREMENT
SEC. 5061. REPORTING REQUIREMENT.
The President shall, within 6 months after the date of
enactment of this Act, submit to Congress a report that--
(1) evaluates the hiring policies of the Federal Government
with respect to its foreign language needs and the war on
terrorism, including an analysis of the personnel
requirements at the Federal Bureau of Investigation, the
Central Intelligence Agency, the Department of Homeland
Security, the Department of State, the Department of Defense,
and all other Federal agencies the President identifies as
having responsibilities in the war on terrorism;
(2) describes with respect to each agency identified under
paragraph (1) the Federal Government's current workforce
capabilities with respect to its foreign language needs and
the war on terrorism;
(3) summarizes for each agency identified under paragraph
(1) any shortfall in the Federal Government's workforce
capabilities relative to its foreign language needs with
respect to the war on terrorism; and
(4) provides a specific plan to eliminate any shortfalls
identified under paragraph (3) and a cost estimate, by
agency, for eliminating those shortfalls.
Subtitle F--Security Clearance Modernization
SEC. 5071. DEFINITIONS.
In this subtitle:
(1) The term ``Director'' means the National Intelligence
Director.
(2) The term ``agency'' means--
(A) an executive agency, as defined in section 105 of title
5, United States Code;
(B) a military department, as defined in section 102 of
title 5, United States Code; and
(C) elements of the intelligence community, as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(3) The term ``authorized investigative agency'' means an
agency authorized by law, regulation or direction of the
Director to conduct a counterintelligence investigation or
investigation of persons who are proposed for access to
classified information to ascertain whether such persons
satisfy the criteria for obtaining and retaining access to
such information.
(4) The term ``authorized adjudicative agency'' means an
agency authorized by law, regulation or direction of the
Director to determine eligibility for access to classified
information in accordance with Executive Order 12968.
(5) The term ``highly sensitive program'' means--
(A) a government program designated as a Special Access
Program (as defined by section 4.1(h) of Executive Order
12958); and
(B) a government program that applies restrictions required
for--
(i) Restricted Data (as defined by section 11 y. of the
Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); or
(ii) other information commonly referred to as ``Sensitive
Compartmented Information''.
(6) The term ``current investigation file'' means, with
respect to a security clearance, a file on an investigation
or adjudication that has been conducted during--
(A) the 5-year period beginning on the date the security
clearance was granted, in the case of a Top Secret Clearance,
or the date access was granted to a highly sensitive program;
(B) the 10-year period beginning on the date the security
clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security
clearance was granted in the case of a Confidential
Clearance.
(7) The term ``personnel security investigation'' means any
investigation required for the purpose of determining the
eligibility of any military, civilian, or government
contractor personnel to access classified information.
(8) The term ``periodic reinvestigations'' means--
(A) investigations conducted for the purpose of updating a
previously completed background investigation--
(i) every five years in the case of a Top Secret Clearance
or access to a highly sensitive program;
(ii) every 10 years in the case of a Secret Clearance; and
(iii) every 15 years in the case of a Confidential
Clearance;
(B) on-going investigations to identify personnel security
risks as they develop, pursuant to section 5075(c).
(9) The term ``appropriate committees of Congress'' means--
(A) the Permanent Select Committee on Intelligence and the
Committees on Armed Services, Judiciary, and Government
Reform of the House of Representatives; and
(B) the Select Committee on Intelligence and the Committees
on Armed Services, Judiciary, and Governmental Affairs of the
Senate.
SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PROGRAMS
OVERSIGHT AND ADMINISTRATION.
The Deputy National Intelligence Director for Community
Management and Resources shall have responsibility for the
following:
(1) Directing day-to-day oversight of investigations and
adjudications for personnel security clearances and highly
sensitive programs throughout the Federal Government.
(2) Developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient,
and timely completion of security clearances and
determinations for access to highly sensitive programs,
including the standardization of security questionnaires,
financial disclosure requirements for security clearance
applicants, and polygraph policies and procedures.
(3) Serving as the final authority to designate an
authorized investigative agency or authorized adjudicative
agency pursuant to section 5074(d).
(4) Ensuring reciprocal recognition of access to classified
information among agencies, including acting as the final
authority to arbitrate and resolve disputes involving the
reciprocity of security clearances and access to highly
sensitive programs.
[[Page H8787]]
(5) Ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve
clearance and investigative program goals.
(6) Reviewing and coordinating the development of tools and
techniques for enhancing the conduct of investigations and
granting of clearances.
SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND ACCESS
DETERMINATIONS.
(a) Requirement for Reciprocity.--(1) All security
clearance background investigations and determinations
completed by an authorized investigative agency or authorized
adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations
initiated by an authorized investigative agency shall be
transferable to any other authorized investigative agency.
(b) Prohibition on Establishing Additional.--(1) An
authorized investigative agency or authorized adjudicative
agency may not establish additional investigative or
adjudicative requirements (other than requirements for the
conduct of a polygraph examination) that exceed requirements
specified in Executive Orders establishing security
requirements for access to classified information.
(2) Notwithstanding the paragraph (1), the Director may
establish additional requirements as needed for national
security purposes.
(c) Prohibition on Duplicative Investigations.--An
authorized investigative agency or authorized adjudicative
agency may not conduct an investigation for purposes of
determining whether to grant a security clearance to an
individual where a current investigation or clearance of
equal level already exists or has been granted by another
authorized adjudicative agency.
SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE.
(a) Establishment.--Not later than 12 months after the date
of the enactment of this Act, the Director of the Office of
Personnel Management, in cooperation with the Director, shall
establish, and begin operating and maintaining, an
integrated, secure, national database into which appropriate
data relevant to the granting, denial, or revocation of a
security clearance or access pertaining to military,
civilian, or government contractor personnel shall be entered
from all authorized investigative and adjudicative agencies.
(b) Integration.--The national database established under
subsection (a) shall function to integrate information from
existing Federal clearance tracking systems from other
authorized investigative and adjudicative agencies into a
single consolidated database.
(c) Requirement to Check Database.--Each authorized
investigative or adjudicative agency shall check the national
database established under subsection (a) to determine
whether an individual the agency has identified as requiring
a security clearance has already been granted or denied a
security clearance, or has had a security clearance revoked,
by any other authorized investigative or adjudicative agency.
(d) Certification of Authorized Investigative Agencies or
Authorized Adjudicative Agencies.--The Director shall
evaluate the extent to which an agency is submitting
information to, and requesting information from, the national
database established under subsection (a) as part of a
determination of whether to certify the agency as an
authorized investigative agency or authorized adjudicative
agency.
(e) Exclusion of Certain Intelligence Operatives.--The
Director may authorize an agency to withhold information
about certain individuals from the database established under
subsection (a) if the Director determines it is necessary for
national security purposes.
(f) Compliance.--The Director shall establish a review
procedure by which agencies can seek review of actions
required under section 5073.
(g) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for fiscal
year 2005 and each subsequent fiscal year for the
implementation, maintenance and operation of the database
established in subsection (a).
SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE
INVESTIGATIONS.
(a) Investigations.--Not later than 12 months after the
date of the enactment of this Act, each authorized
investigative agency that conducts personnel security
clearance investigations shall use, to the maximum extent
practicable, available information technology and databases
to expedite investigative processes and to verify standard
information submitted as part of an application for a
security clearance.
(b) Interim Clearance.--If the application of an applicant
for an interim clearance has been processed using the
technology under subsection (a), the interim clearances for
the applicant at the secret, top secret, and special access
program levels may be granted before the completion of the
appropriate investigation. Any request to process an interim
clearance shall be given priority, and the authority granting
the interim clearance shall ensure that final adjudication on
the application is made within 90 days after the initial
clearance is granted.
(c) On-Going Monitoring of Individuals With Security
Clearances.--(1) Authorized investigative agencies and
authorized adjudicative agencies shall establish procedures
for the regular, ongoing verification of personnel with
security clearances in effect for continued access to
classified information. Such procedures shall include the use
of available technology to detect, on a regularly recurring
basis, any issues of concern that may arise involving such
personnel and such access.
(2) Such regularly recurring verification may be used as a
basis for terminating a security clearance or access and
shall be used in periodic reinvestigations to address
emerging threats and adverse events associated with
individuals with security clearances in effect to the maximum
extent practicable.
(3) If the Director certifies that the national security of
the United States is not harmed by the discontinuation of
periodic reinvestigations, the regularly recurring
verification under this section may replace periodic
reinvestigations.
SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECURITY
CLEARANCE PROCESS.
(a) 60-Day Period for Determination on Clearances.--Each
authorized adjudicative agency shall make a determination on
an application for a personnel security clearance within 60
days after the date of receipt of the completed application
for a security clearance by an authorized investigative
agency. The 60-day period shall include--
(1) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(2) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.
(b) Effective Date and Phase-in.--
(1) Effective date.--Subsection (a) shall take effect 5
years after the date of the enactment of this Act.
(2) Phase-in.--During the period beginning on a date not
later than 2 years after the date of the enactment of this
Act and ending on the date on which subsection (a) takes
effect as specified in paragraph (1), each authorized
adjudicative agency shall make a determination on an
application for a personnel security clearance pursuant to
this title within 120 days after the date of receipt of the
application for a security clearance by an authorized
investigative agency. The 120-day period shall include--
(A) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(B) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.
SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL TRANSITION.
(a) Candidates for National Security Positions.--(1) The
President-elect shall submit to the Director the names of
candidates for high-level national security positions, for
positions at the level of under secretary of executive
departments and above, as soon as possible after the date of
the general elections held to determine the electors of
President and Vice President under section 1 or 2 of title 3,
United States Code.
(2) The Director shall be responsible for the expeditious
completion of the background investigations necessary to
provide appropriate security clearances to the individuals
who are candidates described under paragraph (1) before the
date of the inauguration of the President-elect as President
and the inauguration of the Vice-President-elect as Vice
President.
(b) Security Clearances for Transition Team Members.--(1)
In this section, the term ``major party'' has the meaning
provided under section 9002(6) of the Internal Revenue Code
of 1986.
(2) Each major party candidate for President, except a
candidate who is the incumbent President, shall submit,
before the date of the general presidential election,
requests for security clearances for prospective transition
team members who will have a need for access to classified
information to carry out their responsibilities as members of
the President-elect's transition team.
(3) Necessary background investigations and eligibility
determinations to permit appropriate prospective transition
team members to have access to classified information shall
be completed, to the fullest extent practicable, by the day
after the date of the general presidential election.
SEC. 5078. REPORTS.
Not later than February 15, 2006, and annually thereafter
through 2016, the Director shall submit to the appropriate
committees of Congress a report on the progress made during
the preceding year toward meeting the requirements specified
in this Act. The report shall include--
(1) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies
during the year covered by the report for conducting
investigations, adjudicating cases, and granting clearances,
from date of submission to ultimate disposition and
notification to the subject and the subject's employer;
(2) a discussion of any impediments to the smooth and
timely functioning of the implementation of this title; and
(3) such other information or recommendations as the Deputy
Director deems appropriate.
[[Page H8788]]
Subtitle G--Emergency Financial Preparedness
CHAPTER 1--EMERGENCY PREPAREDNESS FOR FISCAL AUTHORITIES
SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF THE
TREASURY.
Subsection (d) of section 306 of title 31, United States
Code, is amended by inserting ``or employee'' after ``another
officer''.
SEC. 5082. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE.
(a) Congressional Finding.--The Congress finds that the
Secretary of the Treasury--
(1) has successfully communicated and coordinated with the
private-sector financial services industry about counter-
terrorist financing activities and preparedness;
(2) has successfully reached out to State and local
governments and regional public-private partnerships, such as
ChicagoFIRST, that protect employees and critical
infrastructure by enhancing communication and coordinating
plans for disaster preparedness and business continuity; and
(3) has set an example for the Department of Homeland
Security and other Federal agency partners, whose active
participation is vital to the overall success of the
activities described in paragraphs (1) and (2).
(b) Further Education and Preparation Efforts.--It is the
sense of Congress that the Secretary of the Treasury, in
consultation with the Secretary of Homeland Security and
other Federal agency partners, should--
(1) furnish sufficient personnel and technological and
financial resources to foster the formation of public-private
sector coalitions, similar to ChicagoFIRST, that, in
collaboration with the Department of Treasury, the Department
of Homeland Security, and other Federal agency partners,
would educate consumers and employees of the financial
services industry about domestic counter-terrorist financing
activities, including--
(A) how the public and private sector organizations
involved in counter-terrorist financing activities can help
to combat terrorism and simultaneously protect and preserve
the lives and civil liberties of consumers and employees of
the financial services industry; and
(B) how consumers and employees of the financial services
industry can assist the public and private sector
organizations involved in counter-terrorist financing
activities; and
(2) submit annual reports to the Congress on Federal
efforts, in conjunction with public-private sector
coalitions, to educate consumers and employees of the
financial services industry about domestic counter-terrorist
financing activities.
CHAPTER 2--MARKET PREPAREDNESS
SEC. 5084. SHORT TITLE.
This chapter may be cited as the ``Emergency Securities
Response Act of 2004''.
SEC. 5085. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE
SECURITIES AND EXCHANGE COMMISSION.
(a) Extension of Authority.--Paragraph (2) of section 12(k)
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2))
is amended to read as follows:
``(2) Emergency.--(A) The Commission, in an emergency, may
by order summarily take such action to alter, supplement,
suspend, or impose requirements or restrictions with respect
to any matter or action subject to regulation by the
Commission or a self-regulatory organization under the
securities laws, as the Commission determines is necessary in
the public interest and for the protection of investors--
``(i) to maintain or restore fair and orderly securities
markets (other than markets in exempted securities);
``(ii) to ensure prompt, accurate, and safe clearance and
settlement of transactions in securities (other than exempted
securities); or
``(iii) to reduce, eliminate, or prevent the substantial
disruption by the emergency of (I) securities markets (other
than markets in exempted securities), investment companies,
or any other significant portion or segment of such markets,
or (II) the transmission or processing of securities
transactions (other than transactions in exempted
securities).
``(B) An order of the Commission under this paragraph (2)
shall continue in effect for the period specified by the
Commission, and may be extended. Except as provided in
subparagraph (C), the Commission's action may not continue in
effect for more than 30 business days, including extensions.
``(C) An order of the Commission under this paragraph (2)
may be extended to continue in effect for more than 30
business days if, at the time of the extension, the
Commission finds that the emergency still exists and
determines that the continuation of the order beyond 30
business days is necessary in the public interest and for the
protection of investors to attain an objective described in
clause (i), (ii), or (iii) of subparagraph (A). In no event
shall an order of the Commission under this paragraph (2)
continue in effect for more than 90 calendar days.
``(D) If the actions described in subparagraph (A) involve
a security futures product, the Commission shall consult with
and consider the views of the Commodity Futures Trading
Commission. In exercising its authority under this paragraph,
the Commission shall not be required to comply with the
provisions of section 553 of title 5, United States Code, or
with the provisions of section 19(c) of this title.
``(E) Notwithstanding the exclusion of exempted securities
(and markets therein) from the Commission's authority under
subparagraph (A), the Commission may use such authority to
take action to alter, supplement, suspend, or impose
requirements or restrictions with respect to clearing
agencies for transactions in such exempted securities. In
taking any action under this subparagraph, the Commission
shall consult with and consider the views of the Secretary of
the Treasury.''.
(b) Consultation; Definition of Emergency.--Section 12(k)
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is
further amended by striking paragraph (6) and inserting the
following:
``(6) Consultation.--Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and
consider the views of the Secretary of the Treasury, Board of
Governors of the Federal Reserve System, and the Commodity
Futures Trading Commission, unless such consultation is
impracticable in light of the emergency.
``(7) Definitions.--
``(A) Emergency.--For purposes of this subsection, the term
`emergency' means--
``(i) a major market disturbance characterized by or
constituting--
``(I) sudden and excessive fluctuations of securities
prices generally, or a substantial threat thereof, that
threaten fair and orderly markets; or
``(II) a substantial disruption of the safe or efficient
operation of the national system for clearance and settlement
of transactions in securities, or a substantial threat
thereof; or
``(ii) a major disturbance that substantially disrupts, or
threatens to substantially disrupt--
``(I) the functioning of securities markets, investment
companies, or any other significant portion or segment of the
securities markets; or
``(II) the transmission or processing of securities
transactions.
``(B) Securities laws.--Notwithstanding section 3(a)(47),
for purposes of this subsection, the term `securities laws'
does not include the Public Utility Holding Company Act of
1935 (15 U.S.C. 79a et seq.).''.
SEC. 5086. PARALLEL AUTHORITY OF THE SECRETARY OF THE
TREASURY WITH RESPECT TO GOVERNMENT SECURITIES.
Section 15C of the Securities Exchange Act of 1934 (15
U.S.C. 78o-5) is amended by adding at the end the following
new subsection:
``(h) Emergency Authority.--The Secretary may by order take
any action with respect to a matter or action subject to
regulation by the Secretary under this section, or the rules
of the Secretary thereunder, involving a government security
or a market therein (or significant portion or segment of
that market), that the Commission may take under section
12(k)(2) of this title with respect to transactions in
securities (other than exempted securities) or a market
therein (or significant portion or segment of that
market).''.
SEC. 5087. JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM
RESILIENCE RECOMMENDATIONS.
(a) Report Required.--Not later than April 30, 2006, the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, and the Securities and Exchange
Commission shall prepare and submit to the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate a joint report on the efforts of the private sector to
implement the Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System.
(b) Contents of Report.--The report required by subsection
(a) shall--
(1) examine the efforts to date of covered private sector
financial services firms to implement enhanced business
continuity plans;
(2) examine the extent to which the implementation of
business continuity plans has been done in a geographically
dispersed manner, including an analysis of the extent to
which such firms have located their main and backup
facilities in separate electrical networks, in different
watersheds, in independent transportation systems, and using
separate telecommunications centers;
(3) examine the need to cover more financial services
entities than those covered by the Interagency Paper; and
(4) recommend legislative and regulatory changes that
will--
(A) expedite the effective implementation of the
Interagency Paper by all covered financial services entities;
and
(B) maximize the effective implementation of business
continuity planning by all participants in the financial
services industry.
(c) Confidentiality.--Any information provided to the
Federal Reserve Board, the Comptroller of the Currency, or
the Securities and Exchange Commission for the purposes of
the preparation and submission of the report required by
subsection (a) shall be treated as privileged and
confidential. For purposes of section 552 of title 5, United
States Code, this subsection shall be considered a statute
described in subsection (b)(3)(B) of such section 552.
(d) Definition.--The Interagency Paper on Sound Practices
to Strengthen the Resilience of the U.S. Financial System is
the interagency paper prepared by the Board of Governors of
the Federal Reserve System, the Comptroller of the Currency,
and the Securities and Exchange Commission that was announced
in the Federal Register on April 8, 2003.
[[Page H8789]]
SEC. 5088. PRIVATE SECTOR PREPAREDNESS.
It is the sense of the Congress that the insurance industry
and credit-rating agencies, where relevant, should carefully
consider a company's compliance with standards for private
sector disaster and emergency preparedness in assessing
insurability and creditworthiness, to ensure that private
sector investment in disaster and emergency preparedness is
appropriately encouraged.
SEC. 5089. REPORT ON PUBLIC/PRIVATE PARTNERSHIPS.
Before the end of the 6-month period beginning on the date
of the enactment of this Act, the Secretary of the Treasury
shall submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate containing--
(1) information on the efforts the Department of the
Treasury has made to encourage the formation of public/
private partnerships to protect critical financial
infrastructure and the type of support that the Department
has provided to these partnerships; and
(2) recommendations for administrative or legislative
action regarding these partnerships as the Secretary may
determine to be appropriate.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO
CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY.
(a) Short Title.--This section may be cited as the
``Federal Agency Protection of Privacy Act of 2004''.
(b) In General.--Title 5, United States Code, is amended by
adding after section 553 the following new section:
``Sec. 553a. Privacy impact assessment in rulemaking
``(a) Initial Privacy Impact Assessment.--
``(1) In general.--Whenever an agency is required by
section 553 of this title, or any other law, to publish a
general notice of proposed rulemaking for a proposed rule, or
publishes a notice of proposed rulemaking for an
interpretative rule involving the internal revenue laws of
the United States, and such rule or proposed rulemaking
pertains to the collection, maintenance, use, or disclosure
of personally identifiable information from 10 or more
individuals, other than agencies, instrumentalities, or
employees of the Federal government, the agency shall prepare
and make available for public comment an initial privacy
impact assessment that describes the impact of the proposed
rule on the privacy of individuals. Such assessment or a
summary thereof shall be signed by the senior agency official
with primary responsibility for privacy policy and be
published in the Federal Register at the time of the
publication of a general notice of proposed rulemaking for
the rule.
``(2) Contents.--Each initial privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to which the
proposed rule will impact the privacy interests of
individuals, including the extent to which the proposed
rule--
``(i) provides notice of the collection of personally
identifiable information, and specifies what personally
identifiable information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by the person to
whom the personally identifiable information pertains and
provides an opportunity to correct inaccuracies;
``(iii) prevents such information, which is collected for
one purpose, from being used for another purpose; and
``(iv) provides security for such information.
``(B) A description of any significant alternatives to the
proposed rule which accomplish the stated objectives of
applicable statutes and which minimize any significant
privacy impact of the proposed rule on individuals.
``(b) Final Privacy Impact Assessment.--
``(1) In general.--Whenever an agency promulgates a final
rule under section 553 of this title, after being required by
that section or any other law to publish a general notice of
proposed rulemaking, or promulgates a final interpretative
rule involving the internal revenue laws of the United
States, and such rule or proposed rulemaking pertains to the
collection, maintenance, use, or disclosure of personally
identifiable information from 10 or more individuals, other
than agencies, instrumentalities, or employees of the Federal
government, the agency shall prepare a final privacy impact
assessment, signed by the senior agency official with primary
responsibility for privacy policy.
``(2) Contents.--Each final privacy impact assessment
required under this subsection shall contain the following:
``(A) A description and analysis of the extent to which the
final rule will impact the privacy interests of individuals,
including the extent to which such rule--
``(i) provides notice of the collection of personally
identifiable information, and specifies what personally
identifiable information is to be collected and how it is to
be collected, maintained, used, and disclosed;
``(ii) allows access to such information by the person to
whom the personally identifiable information pertains and
provides an opportunity to correct inaccuracies;
``(iii) prevents such information, which is collected for
one purpose, from being used for another purpose; and
``(iv) provides security for such information.
``(B) A summary of any significant issues raised by the
public comments in response to the initial privacy impact
assessment, a summary of the analysis of the agency of such
issues, and a statement of any changes made in such rule as a
result of such issues.
``(C) A description of the steps the agency has taken to
minimize the significant privacy impact on individuals
consistent with the stated objectives of applicable statutes,
including a statement of the factual, policy, and legal
reasons for selecting the alternative adopted in the final
rule and why each one of the other significant alternatives
to the rule considered by the agency which affect the privacy
interests of individuals was rejected.
``(3) Availability to public.--The agency shall make copies
of the final privacy impact assessment available to members
of the public and shall publish in the Federal Register such
assessment or a summary thereof.
``(c) Waivers.--
``(1) Emergencies.--An agency head may waive or delay the
completion of some or all of the requirements of subsections
(a) and (b) to the same extent as the agency head may, under
section 608, waive or delay the completion of some or all of
the requirements of sections 603 and 604, respectively.
``(2) National security.--An agency head may, for national
security reasons, or to protect from disclosure classified
information, confidential commercial information, or
information the disclosure of which may adversely affect a
law enforcement effort, waive or delay the completion of some
or all of the following requirements:
``(A) The requirement of subsection (a)(1) to make an
assessment available for public comment.
``(B) The requirement of subsection (a)(1) to have an
assessment or summary thereof published in the Federal
Register.
``(C) The requirements of subsection (b)(3).
``(d) Procedures for Gathering Comments.--When any rule is
promulgated which may have a significant privacy impact on
individuals, or a privacy impact on a substantial number of
individuals, the head of the agency promulgating the rule or
the official of the agency with statutory responsibility for
the promulgation of the rule shall assure that individuals
have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
``(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule
may have a significant privacy impact on individuals, or a
privacy impact on a substantial number of individuals;
``(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to
be obtained by individuals;
``(3) the direct notification of interested individuals;
``(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and
receiving comments over computer networks; and
``(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in
the rulemaking by individuals.
``(e) Periodic Review of Rules.--
``(1) In general.--Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a
significant privacy impact on individuals, or a privacy
impact on a substantial number of individuals. Under such
periodic review, the agency shall determine, for each such
rule, whether the rule can be amended or rescinded in a
manner that minimizes any such impact while remaining in
accordance with applicable statutes. For each such
determination, the agency shall consider the following
factors:
``(A) The continued need for the rule.
``(B) The nature of complaints or comments received from
the public concerning the rule.
``(C) The complexity of the rule.
``(D) The extent to which the rule overlaps, duplicates, or
conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules.
``(E) The length of time since the rule was last reviewed
under this subsection.
``(F) The degree to which technology, economic conditions,
or other factors have changed in the area affected by the
rule since the rule was last reviewed under this subsection.
``(2) Plan required.--Each agency shall carry out the
periodic review required by paragraph (1) in accordance with
a plan published by such agency in the Federal Register. Each
such plan shall provide for the review under this subsection
of each rule promulgated by the agency not later than 10
years after the date on which such rule was published as the
final rule and, thereafter, not later than 10 years after the
date on which such rule was last reviewed under this
subsection. The agency may amend such plan at any time by
publishing the revision in the Federal Register.
``(3) Annual publication.--Each year, each agency shall
publish in the Federal Register a list of the rules to be
reviewed by such agency under this subsection during the
following year. The list shall include a brief description of
each such rule and the need for and legal basis of such rule
and shall invite public comment upon the determination to
[[Page H8790]]
be made under this subsection with respect to such rule.
``(f) Judicial Review.--
``(1) In general.--For any rule subject to this section, an
individual who is adversely affected or aggrieved by final
agency action is entitled to judicial review of agency
compliance with the requirements of subsections (b) and (c)
in accordance with chapter 7. Agency compliance with
subsection (d) shall be judicially reviewable in connection
with judicial review of subsection (b).
``(2) Jurisdiction.--Each court having jurisdiction to
review such rule for compliance with section 553, or under
any other provision of law, shall have jurisdiction to review
any claims of noncompliance with subsections (b) and (c) in
accordance with chapter 7. Agency compliance with subsection
(d) shall be judicially reviewable in connection with
judicial review of subsection (b).
``(3) Limitations.--
``(A) An individual may seek such review during the period
beginning on the date of final agency action and ending 1
year later, except that where a provision of law requires
that an action challenging a final agency action be commenced
before the expiration of 1 year, such lesser period shall
apply to an action for judicial review under this subsection.
``(B) In the case where an agency delays the issuance of a
final privacy impact assessment pursuant to subsection (c),
an action for judicial review under this section shall be
filed not later than--
``(i) 1 year after the date the assessment is made
available to the public; or
``(ii) where a provision of law requires that an action
challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified
in such provision of law that is after the date the
assessment is made available to the public.
``(4) Relief.--In granting any relief in an action under
this subsection, the court shall order the agency to take
corrective action consistent with this section and chapter 7,
including, but not limited to--
``(A) remanding the rule to the agency; and
``(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued
enforcement of the rule is in the public interest.
``(5) Rule of construction.--Nothing in this subsection
shall be construed to limit the authority of any court to
stay the effective date of any rule or provision thereof
under any other provision of law or to grant any other relief
in addition to the requirements of this subsection.
``(6) Record of agency action.--In an action for the
judicial review of a rule, the privacy impact assessment for
such rule, including an assessment prepared or corrected
pursuant to paragraph (4), shall constitute part of the
entire record of agency action in connection with such
review.
``(7) Exclusivity.--Compliance or noncompliance by an
agency with the provisions of this section shall be subject
to judicial review only in accordance with this subsection.
``(8) Savings clause.--Nothing in this subsection bars
judicial review of any other impact statement or similar
assessment required by any other law if judicial review of
such statement or assessment is otherwise permitted by law.
``(g) Definition.--For purposes of this section, the term
`personally identifiable information' means information that
can be used to identify an individual, including such
individual's name, address, telephone number, photograph,
social security number or other identifying information. It
includes information about such individual's medical or
financial condition.''.
(c) Periodic Review Transition Provisions.--
(1) Initial plan.--For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code
(as added by subsection (a)), shall be published not later
than 180 days after the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency before
the date of the enactment of this Act, such plan shall
provide for the periodic review of such rule before the
expiration of the 10-year period beginning on the date of the
enactment of this Act. For any such rule, the head of the
agency may provide for a 1-year extension of such period if
the head of the agency, before the expiration of the period,
certifies in a statement published in the Federal Register
that reviewing such rule before the expiration of the period
is not feasible. The head of the agency may provide for
additional 1-year extensions of the period pursuant to the
preceding sentence, but in no event may the period exceed 15
years.
(d) Congressional Review.--Section 801(a)(1)(B) of title 5,
United States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv)
and (v), respectively; and
(2) by inserting after clause (ii) the following new
clause:
``(iii) the agency's actions relevant to section 553a;''.
(e) Clerical Amendment.--The table of sections at the
beginning of chapter 5 of title 5, United States Code, is
amended by adding after the item relating to section 553 the
following new item:
553a. Privacy impact assessment in rulemaking.''.
SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH LAW
ENFORCEMENT OR ANTI-TERRORISM FUNCTIONS.
(a) In General.--There shall be within each Federal agency
with law enforcement or anti-terrorism functions a chief
privacy officer, who shall have primary responsibility within
that agency for privacy policy. The agency chief privacy
officer shall be designated by the head of the agency.
(b) Responsibilities.--The responsibilities of each agency
chief privacy officer shall include--
(1) ensuring that the use of technologies sustains, and
does not erode, privacy protections relating to the use,
collection, and disclosure of personally identifiable
information;
(2) ensuring that personally identifiable information
contained in systems of records is handled in full compliance
with fair information practices as set out in section 552a of
title 5, United States Code;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally
identifiable information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the agency on the privacy of personally identifiable
information, including the type of personally identifiable
information collected and the number of people affected;
(5) preparing and submitting a report to Congress on an
annual basis on activities of the agency that affect privacy,
including complaints of privacy violations, implementation of
section 552a of title 5, United States Code, internal
controls, and other relevant matters;
(6) ensuring that the agency protects personally
identifiable information and information systems from
unauthorized access, use, disclosure, disruption,
modification, or destruction in order to provide--
(A) integrity, which means guarding against improper
information modification or destruction, and includes
ensuring information nonrepudiation and authenticity;
(B) confidentially, which means preserving authorized
restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
(C) availability, which means ensuring timely and reliable
access to and use of that information; and
(D) authentication, which means utilizing digital
credentials to assure the identity of users and validate
their access; and
(7) advising the head of the agency and the Director of the
Office of Management and Budget on information security and
privacy issues pertaining to Federal Government information
systems.
CHAPTER 2--MUTUAL AID AND LITIGATION MANAGEMENT
SEC. 5101. SHORT TITLE.
This chapter may be cited as the ``Mutual Aid and
Litigation Management Authorization Act of 2004''.
SEC. 5102. MUTUAL AID AUTHORIZED.
(a) Authorization to Enter Into Agreements.--
(1) In general.--The authorized representative of a State,
locality, or the Federal Government may enter into an
interstate mutual aid agreement or a mutual aid agreement
with the Federal Government on behalf of the State, locality,
or Federal Government under which, at the request of any
party to the agreement, the other party to the agreement
may--
(A) provide law enforcement, fire, rescue, emergency health
and medical services, transportation, communications, public
works and engineering, mass care, and resource support in an
emergency or public service event occurring in the
jurisdiction of the requesting party;
(B) provide other services to prepare for, mitigate,
manage, respond to, or recover from an emergency or public
service event occurring in the jurisdiction of the requesting
party; and
(C) participate in training events occurring in the
jurisdiction of the requesting party.
(b) Liability and Actions at Law.--
(1) Liability.--A responding party or its officers or
employees shall be liable on account of any act or omission
occurring while providing assistance or participating in a
training event in the jurisdiction of a requesting party
under a mutual aid agreement (including any act or omission
arising from the maintenance or use of any equipment,
facilities, or supplies in connection therewith), but only to
the extent permitted under and in accordance with the laws
and procedures of the State of the responding party and
subject to any litigation management agreement entered into
pursuant to section 5103.
(2) Jurisdiction of courts.--
(A) In general.--Subject to subparagraph (B) and any
litigation management agreement entered into pursuant to
section 5103, any action brought against a responding party
or its officers or employees on account of an act or omission
described in subsection (b)(1) may be brought only under the
laws and procedures of the State of the responding party and
only in the State courts or United States District Courts
located therein.
(B) United states as party.--If the United States is the
party against whom an action described in paragraph (1) is
brought, the action may be brought only in a United States
District Court.
(c) Workers' Compensation and Death Benefits.--
[[Page H8791]]
(1) Payment of benefits.--A responding party shall provide
for the payment of workers' compensation and death benefits
with respect to officers or employees of the party who
sustain injuries or are killed while providing assistance or
participating in a training event under a mutual aid
agreement in the same manner and on the same terms as if the
injury or death were sustained within the jurisdiction of the
responding party.
(2) Liability for benefits.--No party shall be liable under
the law of any State other than its own (or, in the case of
the Federal Government, under any law other than Federal law)
for the payment of workers' compensation and death benefits
with respect to injured officers or employees of the party
who sustain injuries or are killed while providing assistance
or participating in a training event under a mutual aid
agreement.
(d) Licenses and Permits.--Whenever any person holds a
license, certificate, or other permit issued by any
responding party evidencing the meeting of qualifications for
professional, mechanical, or other skills, such person will
be deemed licensed, certified, or permitted by the requesting
party to provide assistance involving such skill under a
mutual aid agreement.
(e) Scope.--Except to the extent provided in this section,
the rights and responsibilities of the parties to a mutual
aid agreement shall be as described in the mutual aid
agreement.
(f) Effect on Other Agreements.--Nothing in this section
precludes any party from entering into supplementary mutual
aid agreements with fewer than all the parties, or with
another, or affects any other agreements already in force
among any parties to such an agreement, including the
Emergency Management Assistance Compact (EMAC) under Public
Law 104-321.
(g) Federal Government.--Nothing in this section may be
construed to limit any other expressed or implied authority
of any entity of the Federal Government to enter into mutual
aid agreements.
(h) Consistency With State Law.--A party may enter into a
mutual aid agreement under this chapter only insofar as the
agreement is in accord with State law.
SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.
(a) Authorization to Enter Into Litigation Management
Agreements.--The authorized representative of a State or
locality may enter into a litigation management agreement on
behalf of the State or locality. Such litigation management
agreements may provide that all claims against such Emergency
Response Providers arising out of, relating to, or resulting
from an act of terrorism when Emergency Response Providers
from more than 1 State have acted in defense against, in
response to, or recovery from such act shall be governed by
the following provisions.
(b) Federal Cause of Action.--
(1) In general.--There shall exist a Federal cause of
action for claims against Emergency Response Providers
arising out of, relating to, or resulting from an act of
terrorism when Emergency Response Providers from more than 1
State have acted in defense against, in response to, or
recovery from such act. As determined by the parties to a
litigation management agreement, the substantive law for
decision in any such action shall be--
(A) derived from the law, including choice of law
principles, of the State in which such acts of terrorism
occurred, unless such law is inconsistent with or preempted
by Federal law; or
(B) derived from the choice of law principles agreed to by
the parties to a litigation management agreement as described
in the litigation management agreement, unless such
principles are inconsistent with or preempted by Federal law.
(2) Jurisdiction.--Such appropriate district court of the
United States shall have original and exclusive jurisdiction
over all actions for any claim against Emergency Response
Providers for loss of property, personal injury, or death
arising out of, relating to, or resulting from an act of
terrorism when Emergency Response Providers from more than 1
State have acted in defense against, in response to, or
recovery from an act of terrorism.
(3) Special rules.--In an action brought for damages that
is governed by a litigation management agreement, the
following provisions apply:
(A) Punitive damages.--No punitive damages intended to
punish or deter, exemplary damages, or other damages not
intended to compensate a plaintiff for actual losses may be
awarded, nor shall any party be liable for interest prior to
the judgment.
(B) Collateral sources.--Any recovery by a plaintiff in an
action governed by a litigation management agreement shall be
reduced by the amount of collateral source compensation, if
any, that the plaintiff has received or is entitled to
receive as a result of such acts of terrorism.
(4) Exclusions.--Nothing in this section shall in any way
limit the ability of any person to seek any form of recovery
from any person, government, or other entity that--
(A) attempts to commit, knowingly participates in, aids and
abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(B) participates in a conspiracy to commit any such act of
terrorism or any such criminal act.
SEC. 5104. ADDITIONAL PROVISIONS.
(a) No Abrogation of Other Immunities.--Nothing in this
chapter shall abrogate any constitutional, statutory, or
common law immunities that any party may have.
(b) Exception for Certain Federal Law Enforcement
Activities.--A mutual aid agreement or a litigation
management agreement may not apply to law enforcement
security operations at special events of national
significance under section 3056(e) of title 18, United States
Code, or to other law enforcement functions of the United
States Secret Service.
(c) Secret Service.--Section 3056 of title 18, United
States Code, is amended by adding at the end the following
new subsection:
``(g) The Secret Service shall be maintained as a distinct
entity within the Department of Homeland Security and shall
not be merged with any other department function. All
personnel and operational elements of the United States
Secret Service shall report to the Director of the Secret
Service, who shall report directly to the Secretary of
Homeland Security without being required to report through
any other official of the Department.''.
SEC. 5105. DEFINITIONS.
For purposes of this chapter, the following definitions
apply:
(1) Authorized representative.--The term ``authorized
representative'' means--
(A) in the case of the Federal Government, any individual
designated by the President with respect to the executive
branch, the Chief Justice of the United States with respect
to the judicial branch, or the President pro Tempore of the
Senate and Speaker of the House of Representatives with
respect to the Congress, or their designees, to enter into a
mutual aid agreement;
(B) in the case of a locality, the official designated by
law to declare an emergency in and for the locality, or the
official's designee;
(C) in the case of a State, the Governor or the Governor's
designee.
(2) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a State
of Emergency declared by an authorized representative of a
State or locality, in response to which assistance may be
provided under a mutual aid agreement.
(3) Emergency response provider.--The term ``Emergency
Response Provider'' means any party to a litigation
management agreement that meets the definition of ``emergency
response providers'' under section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101), as amended by this Act, except
that the term does not include any Federal personnel, agency,
or authority.
(4) Employee.--The term ``employee'' means, with respect to
a party to a mutual aid agreement, the employees of the
party, including its agents or authorized volunteers, who are
committed to provide assistance under the agreement.
(5) Litigation management agreement.--The term ``litigation
management agreement'' means an agreement entered into
pursuant to the authority granted under section 5103.
(6) Locality.--The term ``locality'' means a county, city,
or town.
(7) Mutual aid agreement.--The term ``mutual aid
agreement'' means an agreement entered into pursuant to the
authority granted under section 5102.
(8) Public service event.--The term ``public service
event'' means any undeclared emergency, incident, or
situation in preparation for or response to which assistance
may be provided under a mutual aid agreement.
(9) Requesting party.--The term ``requesting party'' means,
with respect to a mutual aid agreement, the party in whose
jurisdiction assistance is provided, or a training event is
held, under the agreement.
(10) Responding party.--The term ``responding party''
means, with respect to a mutual aid agreement, the party
providing assistance, or participating in a training event,
under the agreement, but does not include the requesting
party.
(11) State.--The term ``State'' includes each of the
several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands, and any other territory or
possession of the United States, and any political
subdivision of any such place.
(12) Terrorism.--The term ``terrorism'' means any activity
that meets the definition of ``terrorism'' under section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101), as amended
by this Act.
(13) Training event.--The term ``training event'' means an
emergency and public service event-related exercise, test, or
other activity using equipment and personnel to prepare for
or simulate performance of any aspect of the giving or
receiving of assistance during emergencies or public service
events, but does not include an actual emergency or public
service event.
Chapter 3--Miscellaneous Matters
SEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABILITY.
(a) Coordination of Public Safety Interoperable
Communications Programs.--
(1) Program.--The Secretary of Homeland Security, in
consultation with the Secretary of Commerce and the Chairman
of the Federal Communications Commission, shall establish a
program to enhance public safety interoperable communications
at all levels of government. Such program shall--
[[Page H8792]]
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out
subparagraph (A);
(C) develop, in consultation with other appropriate Federal
agencies and State and local authorities, appropriate minimum
capabilities for communications interoperability for Federal,
State, and local public safety agencies;
(D) accelerate, in consultation with other Federal
agencies, including the National Institute of Standards and
Technology, the private sector, and nationally recognized
standards organizations as appropriate, the development of
national voluntary consensus standards for public safety
interoperable communications;
(E) encourage the development and implementation of
flexible and open architectures incorporating, where
possible, technologies that currently are commercially
available, with appropriate levels of security, for short-
term and long-term solutions to public safety communications
interoperability;
(F) assist other Federal agencies in identifying priorities
for research, development, and testing and evaluation with
regard to public safety interoperable communications;
(G) identify priorities within the Department of Homeland
Security for research, development, and testing and
evaluation with regard to public safety interoperable
communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local public
safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions
necessary to achieve public safety communications
interoperability;
(J) develop and disseminate best practices to improve
public safety communications interoperability; and
(K) develop appropriate performance measures and milestones
to systematically measure the Nation's progress towards
achieving public safety communications interoperability,
including the development of national voluntary consensus
standards.
(2) Office for interoperability and compatibility.--
(A) Establishment of office.--The Secretary may establish
an Office for Interoperability and Compatibility to carry out
this subsection.
(B) Functions.--If the Secretary establishes such office,
the Secretary shall, through such office--
(i) carry out Department of Homeland Security
responsibilities and authorities relating to the SAFECOM
Program; and
(ii) carry out subsection (c) (relating to rapid
interoperable communications capabilities for high risk
jurisdictions).
(3) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to advisory groups established and maintained by the
Secretary for purposes of carrying out this subsection.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall report to the
Congress on Department of Homeland Security plans for
accelerating the development of national voluntary consensus
standards for public safety interoperable communications, a
schedule of milestones for such development, and achievements
of such development.
(c) Rapid Interoperable Communications Capabilities for
High Risk Jurisdictions.--The Secretary, in consultation with
other relevant Federal, State, and local government agencies,
shall provide technical, training, and other assistance as
appropriate to support the rapid establishment of consistent,
secure, and effective interoperable communications
capabilities for emergency response providers in
jurisdictions determined by the Secretary to be at
consistently high levels of risk of terrorist attack.
(d) Definitions.--In this section:
(1) Interoperable communications.--The term ``interoperable
communications'' means the ability of emergency response
providers and relevant Federal, State, and local government
agencies to communicate with each other as necessary, through
a dedicated public safety network utilizing information
technology systems and radio communications systems, and to
exchange voice, data, or video with one another on demand, in
real time, as necessary.
(2) Emergency response providers.--The term ``emergency
response providers'' has the meaning that term has under
section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101), as amended by this Act.
(e) Clarification of Responsibility for Interoperable
Communications.--
(1) Under secretary for emergency preparedness and
response.--Section 502(7) of the Homeland Security Act of
2002 (6 U.S.C. 312(7)) is amended--
(A) by striking ``developing comprehensive programs for
developing interoperative communications technology, and'';
and
(B) by striking ``such'' and inserting ``interoperable
communications''.
(2) Office for domestic preparedness.--Section 430(c) of
such Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking ``and'' after the
semicolon;
(B) in paragraph (8) by striking the period and inserting
``; and''; and
(C) by adding at the end the following:
``(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and
emergency response providers.''.
SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT COMMAND
SYSTEM.
(a) Findings.--The Congress finds that--
(1) in Homeland Security Presidential Directive-5, the
President directed the Secretary of Homeland Security to
develop an incident command system to be known as the
National Incident Management System (NIMS), and directed all
Federal agencies to make the adoption of NIMS a condition for
the receipt of Federal emergency preparedness assistance by
States, territories, tribes, and local governments beginning
in fiscal year 2005;
(2) in March 2004, the Secretary of Homeland Security
established NIMS, which provides a unified structural
framework for Federal, State, territorial, tribal, and local
governments to ensure coordination of command, operations,
planning, logistics, finance, and administration during
emergencies involving multiple jurisdictions or agencies; and
(3) the National Commission on Terrorist Attacks Upon the
United States strongly supports the adoption of NIMS by
emergency response agencies nationwide, and the decision by
the President to condition Federal emergency preparedness
assistance upon the adoption of NIMS.
(b) Sense of Congress.--It is the sense of the Congress
that all levels of government should adopt NIMS, and that the
regular use of and training in NIMS by States, territories,
tribes, and local governments should be a condition for
receiving Federal preparedness assistance.
SEC. 5133. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN
COMMAND PLANS AND STRATEGIES.
It is the sense of Congress that the Secretary of Defense
should regularly assess the adequacy of United States
Northern Command's plans and strategies with a view to
ensuring that the United States Northern Command is prepared
to respond effectively to all military and paramilitary
threats within the United States.
The CHAIRMAN pro tempore. No amendment to the amendment in the nature
of a substitute is in order except those printed in House Report 108-
751. Each amendment may be offered only in the order printed in the
report, by a Member designated in the report, shall be considered read,
shall be debatable for the time specified in the report, equally
divided and controlled by the proponent and an opponent, shall not be
subject to amendment, and shall not be subject to a demand for division
of the question.
The CHAIRMAN pro tempore (Mr. Nethercutt). It is now in order to
consider Amendment No. 1 printed in House report 108-751.
Amendment No. 1 in the Nature of a Substitute Offered by Mr. Menendez
Mr. MENENDEZ. Mr. Chairman, I offer an amendment in the nature of a
substitute.
The CHAIRMAN pro tempore. The Clerk will designate the amendment in
the nature of a substitute.
The text of the amendment in the nature of a substitute is as
follows:
Amendment No. 1 in the nature of a substitute offered by
Mr. Menendez:
Strike all after the enacting clause and insert the
following:
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.
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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.
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.
TITLE IV--INFORMATION SHARING
Sec. 401. Information sharing.
TITLE V--CONGRESSIONAL REFORM
Sec. 501. Findings.
Sec. 502. Reorganization of congressional jurisdiction.
TITLE VI--PRESIDENTIAL TRANSITION
Sec. 601. Presidential transition.
TITLE VII--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
Sec. 701. Report on terrorist sanctuaries.
Sec. 702. Role of Pakistan in countering terrorism.
Sec. 703. Aid to Afghanistan.
Sec. 704. The United States-Saudi Arabia relationship.
Sec. 705. Efforts to combat Islamic terrorism by engaging in the
struggle of ideas in the Islamic world.
Sec. 706. United States policy toward dictatorships.
Sec. 707. Promotion of United States values through broadcast media.
Sec. 708. Use of United States scholarship and exchange programs in the
Islamic world.
Sec. 709. International Youth Opportunity Fund.
Sec. 710. Report on the use of economic policies to combat terrorism.
Sec. 711. Middle East Partnership Initiative.
Sec. 712. Comprehensive coalition strategy for fighting terrorism.
Sec. 713. Detention and humane treatment of captured terrorists.
Sec. 714. Proliferation of weapons of mass destruction.
Sec. 715. Financing of terrorism.
TITLE VIII--TERRORIST TRAVEL AND EFFECTIVE SCREENING
Sec. 801. Counterterrorist travel intelligence.
Sec. 802. Integrated screening system.
Sec. 803. Biometric entry and exit data system.
Sec. 804. Travel documents.
Sec. 805. Exchange of terrorist information.
Sec. 806. Minimum standards for identification-related documents.
TITLE IX--TRANSPORTATION SECURITY
Sec. 901. Definitions.
Sec. 902. National Strategy for Transportation Security.
Sec. 903. Use of watchlists for passenger air transportation screening.
Sec. 904. Enhanced passenger and cargo screening.
TITLE X--NATIONAL PREPAREDNESS
Sec. 1001. Homeland security assistance.
Sec. 1002. The incident command system.
Sec. 1003. National Capital Region Mutual Aid.
Sec. 1004. Assignment of spectrum for public safety.
Sec. 1005. Urban area communications capabilities.
Sec. 1006. Private sector preparedness.
Sec. 1007. Critical infrastructure and readiness assessments.
Sec. 1008. Report on Northern Command and defense of the United States
homeland.
TITLE XI--PROTECTION OF CIVIL LIBERTIES
Sec. 1101. Privacy and Civil Liberties Oversight Board.
Sec. 1102. Privacy and Civil Liberties Officers.
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
[[Page H8794]]
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;
(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;
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(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, 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;
(4) 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
(5) 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
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(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--
(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.
[[Page H8797]]
(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.
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.
[[Page H8798]]
(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.
(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
[[Page H8799]]
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 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.
[[Page H8800]]
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
(B 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 (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
[[Page H8801]]
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.
(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.
[[Page H8802]]
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
(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.
[[Page H8803]]
(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 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;
[[Page H8804]]
(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.
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.--
[[Page H8805]]
(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 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
[[Page H8806]]
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.
``(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.
[[Page H8807]]
(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
(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
[[Page H8808]]
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;
(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
[[Page H8809]]
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;
(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
[[Page H8810]]
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.
(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,
[[Page H8811]]
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 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
[[Page H8812]]
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 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
[[Page H8813]]
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)).
(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).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(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.
[[Page H8814]]
(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''.
(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''.
[[Page H8815]]
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).
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.
[[Page H8816]]
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.
TITLE IV--INFORMATION SHARING
SEC. 401. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Network.--The term ``Network'' means the Information
Sharing Network described in subsection (c).
(2) Terrorism information.--The term ``terrorism
information'' means all information, whether collected,
produced, or distributed by intelligence, law enforcement,
military, homeland security, or other activities, relating
to--
(A) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals
involved in transnational terrorism;
(B) threats posed by such groups or individuals to the
United States, United States persons, or United States
interests, or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) information relating to groups or individuals
reasonably believed to be assisting or associated with such
groups or individuals.
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as
those containing customs or immigration information. But the
United States Government has a weak system for processing and
using the information it has.
(3) In the period leading up to September 11, 2001, there
were instances of potentially helpful information that was
available but that no person knew to ask for; information
that was distributed only in compartmented channels; and
information that was requested but could not be shared.
(4) Current security requirements nurture
overclassification and excessive compartmentalization of
information among agencies. Each agency's incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated
``need to know'' before sharing. This approach assumes that
it is possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of terrorism information
is urgently needed. An important conceptual model for a new
``trusted information network'' is the Systemwide Homeland
Analysis and Resource Exchange (SHARE) Network proposed by a
task force of leading professionals assembled by the Markle
Foundation and described in reports issued in October 2002
and December 2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential
leadership is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish an
information sharing network to promote the sharing of
terrorism information, in a manner consistent with national
security and the protection of privacy and civil liberties.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information
among all relevant Federal departments and agencies, State,
tribal, and local authorities, and relevant private sector
entities, including owners and operators of critical
infrastructure, by using policy guidelines and technologies
that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where appropriate
and allows users to share information horizontally across
agencies, vertically between levels of government, and, as
appropriate, with the private sector;
(B) building on existing systems capabilities at relevant
agencies;
(C) utilizing industry best practices, including minimizing
the centralization of data and seeking to use common tools
and capabilities whenever possible;
(D) employing an information rights management approach
that controls access to data rather than to whole networks;
(E) facilitating the sharing of information at and across
all levels of security by using policy guidelines and
technologies that support writing information that can be
broadly shared;
(F) providing directory services for locating people and
information;
(G) incorporating protections for individuals' privacy and
civil liberties;
[[Page H8817]]
(H) incorporating mechanisms for information security; and
(I) access controls, authentication and authorization,
audits, and other strong mechanisms for information security
and privacy guideline enforcement across all levels of
security, in order to enhance accountability and facilitate
oversight.
(d) Immediate Steps.--Not later than 90 days after the date
of enactment of this Act, the President, through the Director
of Management and Budget and in consultation with the
National Intelligence Director, the Attorney General, the
Secretary of Homeland Security, the Secretary of Defense, the
Secretary of State, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, and such other Federal officials as the President
shall designate, shall--
(1) establish electronic directory services to assist in
locating in the Federal Government terrorism information and
people with relevant knowledge about terrorism information;
and
(2) conduct a review of relevant current Federal agency
capabilities, including a baseline inventory of current
Federal systems that contain terrorism information, the money
currently spent to maintain those systems, and identification
of other information that should be included in the Network.
(e) Guidelines.--As soon as possible, but in no event later
than 180 days after the date of enactment of this Act, the
President shall--
(1) in consultation with the National Intelligence Director
and the Advisory Council on Information Sharing established
in subsection (g), issue guidelines for acquiring, accessing,
sharing, and using terrorism information, including
guidelines to ensure such information is provided in its most
shareable form, such as by separating out data from the
sources and methods by which they are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 901, issue
guidelines that--
(A) protect privacy and civil liberties in the development
and use of the Network; and
(B) shall be made public, unless, and only to the extent
that, nondisclosure is clearly necessary to protect national
security;
(3) establish objective, systemwide performance measures to
enable the assessment of progress toward achieving full
implementation of the Network; and
(4) require Federal departments and agencies to promote a
culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and unnecessary
requirements for originator approval; and
(B) providing affirmative incentives for information
sharing, such as the incorporation of information sharing
performance measures into agency and managerial evaluations,
and employee awards for promoting innovative information
sharing practices.
(f) System Design and Implementation Plan.--Not later than
270 days after the date of enactment of this Act, the
President shall submit to Congress a system design and
implementation plan for the Network. The plan shall be
prepared by the President through the Director of Management
and Budget and in consultation with the National Intelligence
Director, the Attorney General, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of State,
the Director of the Federal Bureau of Investigation, the
Director of the Central Intelligence Agency, and such other
Federal officials as the President shall designate, and shall
include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a description of the technological, legal, and policy
issues presented by the creation of the Network described in
subsection (c), and the ways in which these issues will be
addressed;
(3)(A) a delineation of the roles of the Federal
departments and agencies that will participate in the
development of the Network, including--
(i) identification of any agency that will build the
infrastructure needed to operate and manage the Network (as
distinct from the individual agency components that are to be
part of the Network); and
(ii) identification of any agency that will operate and
manage the Network (as distinct from the individual agency
components that are to be part of the Network);
(B) a provision that the delineation of roles under
subparagraph (A) shall--
(i) be consistent with the authority of the National
Intelligence Director, under this Act, to set standards for
information sharing and information technology throughout the
intelligence community; and
(ii) recognize the role of the Department of Homeland
Security in coordinating with State, tribal, and local
officials and the private sector;
(4) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(5) a plan, including a time line, for the development and
phased implementation of the Network;
(6) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the
5 years following the date of enactment of this Act; and
(7) proposals for any legislation that the President
believes necessary to implement the Network.
(g) Advisory Council on Information Sharing.--
(1) Establishment.--There is established an Advisory
Council on Information Sharing (in this subsection referred
to as the ``Council'').
(2) Membership.--No more than 25 individuals may serve as
members of the Council, which shall include--
(A) the National Intelligence Director, who shall serve as
Chairman of the Council;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of State;
(F) the Director of the Central Intelligence Agency;
(G) the Director of the Federal Bureau of Investigation;
(H) the Director of Management and Budget;
(I) such other Federal officials as the President shall
designate;
(J) representatives of State, tribal, and local
governments, to be appointed by the President;
(K) individuals from outside government with expertise in
relevant technology, security and privacy concepts, to be
appointed by the President; and
(L) individuals who are employed in private businesses or
nonprofit organizations that own or operate critical
infrastructure, to be appointed by the President.
(3) Responsibilities.--The Council shall--
(A) advise the President and the heads of relevant Federal
departments and agencies on the implementation of the
Network;
(B) ensure that there is coordination among participants in
the Network in the development and implementation of the
Network;
(C) review, on an ongoing basis, policy, legal and
technology issues related to the implementation of the
Network; and
(D) establish a dispute resolution process to resolve
disagreements among departments and agencies about whether
particular terrorism information should be shared and in what
manner.
(4) Inapplicability of Federal Advisory Committee Act.--The
Council shall not be subject to the requirements of the
Federal Advisory Committee Act (5 U.S.C. App.).
(5) Informing the public.--The Council shall hold public
hearings and otherwise inform the public of its activities,
as appropriate and in a manner consistent with the protection
of classified information and applicable law.
(6) Council reports.--Not later than 1 year after the date
of enactment of this Act and annually thereafter, the
National Intelligence Director, in the capacity of Chairman
of the Council, shall submit a report to Congress that shall
include--
(A) a description of the activities and accomplishments of
the Council in the preceding year; and
(B) the number and dates of the meetings held by the
Council and a list of attendees at each meeting.
(h) Presidential Reports.--Not later than 1 year after the
date of enactment of this Act, and semiannually thereafter,
the President shall submit a report to Congress on the state
of the Network. The report shall include--
(1) a progress report on the extent to which the Network
has been implemented, including how the Network has fared on
the governmentwide and agency-specific performance measures
and whether the performance goals set in the preceding year
have been met;
(2) objective systemwide performance goals for the
following year;
(3) an accounting of how much was spent on the Network in
the preceding year;
(4) actions taken to ensure that agencies procure new
technology that is consistent with the Network and
information on whether new systems and technology are
consistent with the Network;
(5) the extent to which, in appropriate circumstances, all
terrorism watch lists are available for combined searching in
real time through the Network and whether there are
consistent standards for placing individuals on, and removing
individuals from, the watch lists, including the availability
of processes for correcting errors;
(6) the extent to which unnecessary roadblocks or
disincentives to information sharing, including the
inappropriate use of paper-only intelligence products and
requirements for originator approval, have been eliminated;
(7) the extent to which positive incentives for information
sharing have been implemented;
(8) the extent to which classified information is also made
available through the Network, in whole or in part, in
unclassified form;
(9) the extent to which State, tribal, and local
officials--
(A) are participating in the Network;
(B) have systems which have become integrated into the
Network;
(C) are providing as well as receiving information; and
(D) are using the Network to communicate with each other;
(10) the extent to which--
[[Page H8818]]
(A) private sector data, including information from owners
and operators of critical infrastructure, is incorporated in
the Network; and
(B) the private sector is both providing and receiving
information;
(11) where private sector data has been used by the
Government or has been incorporated into the Network--
(A) the measures taken to protect sensitive business
information; and
(B) where the data involves information about individuals,
the measures taken to ensure the accuracy of such data;
(12) the measures taken by the Federal Government to ensure
the accuracy of other information on the Network and, in
particular, the accuracy of information about individuals;
(13) an assessment of the Network's privacy protections,
including actions taken in the preceding year to implement or
enforce privacy protections and a report of complaints
received about interference with an individual's privacy or
civil liberties; and
(14) an assessment of the security protections of the
Network.
(i) Agency Plans and Reports.--Each Federal department or
agency that possesses or uses terrorism information or that
otherwise participates, or expects to participate, in the
Network, shall submit to the Director of Management and
Budget and to Congress--
(1) not later than 1 year after the enactment of this Act,
a report including--
(A) a strategic plan for implementation of the Network's
requirements within the department or agency;
(B) objective performance measures to assess the progress
and adequacy of the department's or agency's information
sharing efforts; and
(C) budgetary requirements to integrate the department or
agency into the Network, including projected annual
expenditures for each of the following 5 years following the
submission of the reports; and
(2) annually thereafter, reports including--
(A) an assessment of the department's or agency's progress
in complying with the Network's requirements, including how
well the department or agency has performed on the objective
measures developed under paragraph (1);
(B) the department's or agency's expenditures to implement
and comply with the Network's requirements in the preceding
year;
(C) the department's or agency's plans for further
implementation of the Network in the year following the
submission of the report.
(j) Periodic Assessments.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and periodically thereafter, the
Government Accountability Office shall review and evaluate
the implementation of the Network, both generally and, at its
discretion, within specific departments and agencies, to
determine the extent of compliance with the Network's
requirements and to assess the effectiveness of the Network
in improving information sharing and collaboration and in
protecting privacy and civil liberties, and shall report to
Congress on its findings.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses terrorism
information or that otherwise participates in the Network
shall, at the discretion of the Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that department or agency
with the Network's requirements; and
(ii) assess the effectiveness of that department or agency
in improving information sharing and collaboration and in
protecting privacy and civil liberties; and
(B) issue reports on such audits and investigations.
(k) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) $50,000,000 to the Director of Management and Budget to
carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Network system design and implementation
plan required by subsection (f).
TITLE V--CONGRESSIONAL REFORM
SEC. 501. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the
following findings:
(1) The American people are not served well by current
congressional rules and resolutions governing intelligence
and homeland security oversight.
(2) A unified Executive Branch effort on fighting terrorism
will not be effective unless it is matched by a unified
effort in Congress, specifically a strong, stable, and
capable congressional committee structure to give the
intelligence agencies and Department of Homeland Security
sound oversight, support, and leadership.
(3) The intelligence committees of the Senate and the House
of Representatives are not organized to provide strong
leadership and oversight for intelligence and
counterterrorism.
(4) Jurisdiction over the Department of Homeland Security,
which is scattered among many committees in each chamber,
does not allow for the clear authority and responsibility
needed for effective congressional oversight.
(5) Congress should either create a new, joint Senate-House
intelligence authorizing committee modeled on the former
Joint Committee on Atomic Energy, or establish new
intelligence committees in each chamber with combined
authorization and appropriations authority.
(6) Congress should establish a single, principal point of
oversight and review in each chamber for the Department of
Homeland Security and the report of the National Commission
on Terrorist Attacks Upon the United States stated that
``Congressional leaders are best able to judge what committee
should have jurisdiction over this department and its
duties.''.
(7) In August 2004, the joint Senate leadership created a
bipartisan working group to examine how best to implement the
Commission's recommendations with respect to reform of the
Senate's oversight of intelligence and homeland security, and
directed the working group to begin its work immediately and
to present its findings and recommendations to Senate
leadership as expeditiously as possible.
SEC. 502. REORGANIZATION OF CONGRESSIONAL JURISDICTION.
The 108th Congress shall not adjourn until each House of
Congress has adopted the necessary changes to its rules such
that, effective the start of the 109th Congress--
(1) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters relating to the
Department of Homeland Security shall be consolidated in a
single committee in each House and such committee shall have
a nonpartisan staff; and
(2) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters related to
intelligence shall reside in--
(A) either a joint Senate-House authorizing committee
modeled on the former Joint Committee on Atomic Energy, or a
committee in each chamber with combined authorization and
appropriations authority; and
(B) regardless of which committee structure is selected,
the intelligence committee or committees shall have--
(i) not more than 9 members in each House, who shall serve
without term limits and of which at least 1 each shall also
serve on a committee on Armed Services, Judiciary, and
Foreign Affairs and at least 1 on a Defense Appropriations
subcommittee;
(ii) authority to issue subpoenas;
(iii) majority party representation that does not exceed
minority party representation by more than 1 member in each
House, and a nonpartisan staff; and
(iv) a subcommittee devoted solely to oversight.
TITLE VI--PRESIDENTIAL TRANSITION
SEC. 601. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is
amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
``(v) Activities under this paragraph shall include the
preparation of a detailed classified, compartmented summary
by the relevant outgoing executive branch officials of
specific operational threats to national security; major
military or covert operations; and pending decisions on
possible uses of military force. This summary shall be
provided to the President-elect as soon as possible after the
date of the general elections held to determine the electors
of President and Vice President under section 1 or 2 of title
3, United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the agency
designated by the President under section 601(d) of the 9/11
Commission Report Implementation Act of 2004 the names of
candidates for high level national security positions through
the level of undersecretary of cabinet departments as soon as
possible after the date of the general elections held to
determine the electors of President and Vice President under
section 1 or 2 of title 3, United States Code.
``(2) The Federal Bureau of Investigation, and any other
appropriate agency, shall undertake and complete as
expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the
individuals who are candidates described under paragraph (1)
before the date of the inauguration of the President-elect as
President and the inauguration of the Vice-President-elect as
Vice President.''.
(b) Sense of Congress Regarding Expedited Consideration of
National Security Nominees.--It is the sense of Congress
that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions,
through the level of undersecretary of cabinet departments,
to the Senate by the date of the inauguration of the
President-elect as President; and
(2) for all national security nominees received by the date
of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent
possible, complete their consideration of these nominations,
and, if such nominations are reported by the committees, the
full Senate should vote to confirm or reject these
nominations, within 30 days of their submission.
(c) Security Clearances for Transition Team Members.--
[[Page H8819]]
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for President,
except a candidate who is the incumbent President, may
submit, before the date of the general election, requests for
security clearances for prospective transition team members
who will have a need for access to classified information to
carry out their responsibilities as members of the President-
elect's transition team.
(3) Completion date.--Necessary background investigations
and eligibility determinations to permit appropriate
prospective transition team members to have access to
classified information shall be completed, to the fullest
extent practicable, by the day after the date of the general
election.
(d) Consolidation of Responsibility for Personnel Security
Investigations.--
(1) Consolidation.--
(A) In general.--Not later than 45 days after the date of
enactment of this Act, the President shall select a single
Federal agency to provide and maintain all security
clearances for Federal employees and Federal contractor
personnel who require access to classified information,
including conducting all investigation functions.
(B) Considerations.--In selecting an agency under this
paragraph, the President shall fully consider requiring the
transfer of investigation functions to the Office of
Personnel Management as described under section 906 of the
National Defense Authorization Act for Fiscal Year 2004 (5
U.S.C. 1101 note).
(C) Coordination and consolidation of responsibilities.--
The Federal agency selected under this paragraph shall--
(i) take all necessary actions to carry out the
responsibilities under this subsection, including entering
into a memorandum of understanding with any agency carrying
out such responsibilities before the date of enactment of
this Act; and
(ii) identify any legislative actions necessary to further
implement this subsection.
(D) Database.--The agency selected shall, as soon as
practicable, establish and maintain a single database for
tracking security clearance applications, investigations and
eligibility determinations and ensure that security clearance
investigations are conducted according to uniform standards,
including uniform security questionnaires and financial
disclosure requirements.
(E) Polygraphs.--The President shall direct the agency
selected under this paragraph to administer any polygraph
examinations on behalf of agencies that require them.
(2) Access.--The President, acting through the National
Intelligence Director, shall--
(A) establish uniform standards and procedures for the
grant of access to classified information to any officer or
employee of any agency or department of the United States and
to employees of contractors of those agencies and
departments;
(B) ensure the consistent implementation of those standards
and procedures throughout such agencies and departments; and
(C) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by such elements.
TITLE VII--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
SEC. 701. REPORT ON TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001 and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find
sanctuary.
(5) During the twenty-first century, terrorists are
focusing on remote regions and failing states as locations to
seek sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary; and
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral
fora to prevent locations from becoming sanctuaries and to
prevent terrorists from using locations as sanctuaries.
(c) Strategy on Terrorist Sanctuaries.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that describes a strategy for addressing
and, where possible, eliminating terrorist sanctuaries.
(2) Content.--The report required under this section shall
include the following:
(A) A description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries.
(B) An outline of strategies for disrupting or eliminating
the security provided to terrorists by such sanctuaries.
(C) A description of efforts by the United States
Government to work with other countries in bilateral and
multilateral fora to address or eliminate actual or potential
terrorist sanctuaries and disrupt or eliminate the security
provided to terrorists by such sanctuaries.
(D) A description of long-term goals and actions designed
to reduce the conditions that allow the formation of
terrorist sanctuaries, such as supporting and strengthening
host governments, reducing poverty, increasing economic
development, strengthening civil society, securing borders,
strengthening internal security forces, and disrupting
logistics and communications networks of terrorist groups.
SEC. 702. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a government advocating
``enlightened moderation'' in the Muslim world, is critical
to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as
allies of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
assisting in ensuring a promising, stable, and secure future
in Pakistan, as long as its leaders remain committed to
combatting extremists and implementing a strategy of
``enlightened moderation'';
(2) the United States aid to Pakistan should be fulsome
and, at a minimum, sustained at the fiscal year 2004 levels;
(3) the United States should support the Government of
Pakistan with a comprehensive effort that extends from
military aid to support for better education; and
(4) the United States Government should devote particular
attention and resources to assisting in the improvement of
the quality of education in Pakistan.
(c) Report on Support for Pakistan.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the efforts of the United States
Government to support Pakistan and encourage moderation in
that country.
(2) Content.--The report required under this section shall
include the following:
(A) An examination of the desirability of establishing a
Pakistan Education Fund to direct resources toward improving
the quality of secondary schools in Pakistan.
(B) Recommendations on the funding necessary to provide
various levels of educational support.
(C) An examination of the current composition and levels of
United States military aid to Pakistan, together with any
recommendations for changes in such levels and composition
that the President considers appropriate.
(D) An examination of other major types of United States
financial support to Pakistan, together with any
recommendations for changes in the levels and composition of
such support that the President considers appropriate.
SEC. 703. AID TO AFGHANISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy,
and such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of narcotics.
[[Page H8820]]
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning
narcotics trade, endemic poverty, and other serious problems
in Afghanistan in order to prevent that country from
relapsing into a sanctuary for international terrorism.
(b) Policy.--It shall be the policy of the United States to
take the following actions with respect to Afghanistan:
(1) Working with other nations to obtain long-term
security, political, and financial commitments and
fulfillment of pledges to the Government of Afghanistan to
accomplish the objectives of the Afghanistan Freedom Support
Act of 2002 (22 U.S.C. 7501 et seq.), especially to ensure a
secure, democratic, and prosperous Afghanistan that respects
the rights of its citizens and is free of international
terrorist organizations.
(2) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist
the Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(3) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(c) Authorization of Appropriations.--
(1) Fiscal year 2005.--There are authorized to be
appropriated to the President for fiscal year 2005 for
assistance for Afghanistan, in addition to any amounts
otherwise available for the following purposes, the following
amounts:
(A) For Development Assistance to carry out the provisions
of sections 103, 105, and 106 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151a, 2151c, and 2151d), $400,000,000.
(B) For the Child Survival and Health Program Fund to carry
out the provisions of section 104 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2151b), $100,000,000.
(C) For the Economic Support Fund to carry out the
provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.), $550,000,000.
(D) For International Narcotics and Law Enforcement to
carry out the provisions of section 481 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2291), $360,000,000.
(E) For Nonproliferation, Anti-Terrorism, Demining, and
Related Programs, $50,000,000.
(F) For International Military Education and Training to
carry out the provisions of section 541 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2347), $2,000,000.
(G) For Foreign Military Financing Program grants to carry
of the provision of section 23 of the Arms Export Control Act
(22 U.S.C. 2763), $880,000,000.
(H) For Peacekeeping Operations to carry out the provisions
of section 551 of the Foreign Assistance Act of 1961 (22
U.S.C. 2348), $60,000,000.
(2) Fiscal years 2006 through 2009.--There are authorized
to be appropriated to the President for each of fiscal years
2006 through 2009 such sums as may be necessary for financial
and other assistance to Afghanistan.
(3) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan Freedom
Support Act of 2002; and
(B) shall be provided with reference to the ``Securing
Afghanistan's Future'' document published by the Government
of Afghanistan.
(d) Sense of Congress.--It is the sense of Congress that
Congress should, in consultation with the President, update
and revise, as appropriate, the Afghanistan Freedom Support
Act of 2002.
(e) Strategy and Support Regarding United States Aid to
Afghanistan.--
(1) Requirement for strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress a 5-year strategy for providing aid
to Afghanistan.
(2) Content.--The strategy required under paragraph (1)
shall describe the resources that will be needed during the
next 5 years to achieve specific objectives in Afghanistan,
including in the following areas:
(A) Fostering economic development.
(B) Curtailing the cultivation of opium.
(C) Achieving internal security and stability.
(D) Eliminating terrorist sanctuaries.
(E) Increasing governmental capabilities.
(F) Improving essential infrastructure and public services.
(G) Improving public health services.
(H) Establishing a broad-based educational system.
(I) Promoting democracy and the rule of law.
(J) Building national police and military forces.
(3) Updates.--Beginning not later than 1 year after the
strategy is submitted to Congress under paragraph (1), the
President shall submit to Congress an annual report--
(A) updating the progress made toward achieving the goals
outlined in the strategy under this subsection; and
(B) identifying shortfalls in meeting those goals and the
resources needed to fully achieve them.
SEC. 704. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamic extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) The Government of Saudi Arabia has not always responded
promptly and fully to United States requests for assistance
in the global war on Islamist terrorism.
(4) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia,
on May 12, 2003.
(5) The Government of Saudi Arabia is now aggressively
pursuing al Qaeda and appears to be acting to build a
domestic consensus for some internal reforms.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia; and
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a strategy for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and
of importance to the United States.
(2) Scope.--As part of this strategy, the President shall
consider the utility of undertaking a periodic, formal, and
visible high-level dialogue between senior United States
Government officials of cabinet level or higher rank and
their counterparts in the Government of Saudi Arabia to
address challenges in the relationship between the 2
governments and to identify areas and mechanisms for
cooperation.
(3) Content.--The strategy under this subsection shall
encompass--
(A) intelligence and security cooperation in the fight
against Islamist terrorism;
(B) ways to advance the Middle East peace process;
(C) political and economic reform in Saudi Arabia and
throughout the Middle East; and
(D) the promotion of greater tolerance and respect for
cultural and religious diversity in Saudi Arabia and
throughout the Middle East.
SEC. 705. EFFORTS TO COMBAT ISLAMIC TERRORISM BY ENGAGING IN
THE STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at
best, and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous and caring to the people and governments
of other countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.
(c) Report on the Struggle of Ideas in the Islamic World.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that contains a cohesive long-term
strategy for the United States Government
[[Page H8821]]
to help win the struggle of ideas in the Islamic world.
(2) Content.--The report required under this section shall
include the following:
(A) A description of specific goals related to winning this
struggle of ideas.
(B) A description of the range of tools available to the
United States Government to accomplish these goals and the
manner in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan
for linking resources to the accomplishment of these goals.
(D) A description of any additional resources that may be
necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and United
States participation in, international institutions for the
promotion of democracy and economic diversification in the
Islamic world, and intra-regional trade in the Middle East.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the
struggle of ideas in the Islamic world is a top priority of
the United States and that the United States intends to make
a substantial and sustained commitment toward winning this
struggle.
SEC. 706. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that short-term gains enjoyed by the United
States through cooperation with the world's most repressive
and brutal governments are too often outweighed by long-term
setbacks for the stature and interests of the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing
differences among people, and tolerance for opposing points
of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education
and economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for
opposing points of view.
SEC. 707. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST
MEDIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented in the Islamic
world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in
the Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part
of this engagement.
(c) Report on Outreach Strategy.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the strategy of the United States
Government for expanding its outreach to foreign Muslim
audiences through broadcast media.
(2) Content.--The report shall include the following:
(A) The initiatives of the Broadcasting Board of Governors
and the public diplomacy activities of the Department of
State with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with sizable Muslim
populations, including increasing appearances by United
States Government officials, experts, and citizens.
(C) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcasters to
dub or subtitle into Arabic and other relevant languages
their news and public affairs programs broadcast in the
Muslim world in order to present those programs to a much
broader Muslim audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve the
objectives of the strategy.
(d) Authorizations of Appropriations.--There are authorized
to be appropriated to the President to carry out United
States Government broadcasting activities under the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1431 et seq.), the United States International
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.), and the
Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6501 et seq.), and to carry out other activities under
this section consistent with the purposes of such Acts, the
following amounts:
(1) International broadcasting operations.--For
International Broadcasting Operations--
(A) $717,160,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the fiscal
years 2006 through 2009.
(2) Broadcasting capital improvements.--For Broadcasting
Capital Improvements--
(A) $11,040,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the fiscal
years 2006 through 2009.
SEC. 708. USE OF UNITED STATES SCHOLARSHIP AND EXCHANGE
PROGRAMS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that
the United States should expand its exchange, scholarship,
and library programs, especially those that benefit people in
the Arab and Muslim worlds.
(c) Definitions.--In this section:
(1) Eligible country.--The term ``eligible country'' means
a country or entity in Africa, the Middle East, Central Asia,
South Asia, or Southeast Asia that--
(A) has a sizable Muslim population; and
(B) is designated by the Secretary of State as eligible to
participate in programs under this section.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of State.
(3) United states entity.--The term ``United States
entity'' means an entity that is organized under the laws of
the United States, any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, or any other territory or possession of the
United States.
(4) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization that is--
(A) based in the United States; and
(B) controlled by a citizen of the United States or a
United States entity that is designated by the Secretary,
pursuant to regulations, to carry out a program authorized by
subsection (e).
(d) Expansion of Educational and Cultural Exchanges.--
(1) Purpose.--The purpose of this subsection is to provide
for the expansion of international educational and cultural
exchange programs between the United States and eligible
countries.
(2) Specific programs.--In carrying out this subsection,
the Secretary is authorized to conduct or initiate programs
in eligible countries as follows:
(A) Fulbright exchange program.--
(i) Increased number of awards.--The Secretary is
authorized to substantially increase the number of awards
under the J. William Fulbright Educational Exchange Program.
(ii) International support for fulbright program.--The
Secretary shall work to increase support for the J. William
Fulbright Educational Exchange Program in eligible countries
in order to enhance academic and scholarly exchanges with
those countries.
(B) Hubert h. humphrey fellowships.--The Secretary is
authorized to substantially increase the number of Hubert H.
Humphrey Fellowships awarded to candidates from eligible
countries.
(C) Sister institutions programs.--The Secretary is
authorized to facilitate the establishment of sister
institution programs between cities and municipalities and
other institutions in the United States and in eligible
countries in order to enhance mutual understanding at the
community level.
(D) Library training exchanges.--The Secretary is
authorized to develop a demonstration program, including
training in the library sciences, to assist governments in
eligible countries to establish or upgrade the public library
systems of such countries for the purpose of improving
literacy.
(E) International visitors program.--The Secretary is
authorized to expand the number of participants from eligible
countries in the International Visitors Program.
[[Page H8822]]
(F) Youth ambassadors.--
(i) In general.--The Secretary is authorized to establish a
youth ambassadors program for visits by middle and secondary
school students from eligible countries to the United States
to participate in activities, including cultural and
educational activities, that are designed to familiarize
participating students with United States society and values.
(ii) Visits.--The visits of students who are participating
in the youth ambassador program under clause (i) shall be
scheduled during the school holidays in the home countries of
the students and may not exceed 4 weeks.
(iii) Criteria.--Students selected to participate in the
youth ambassador program shall reflect the economic and
geographic diversity of eligible countries.
(G) Education reform.--The Secretary is authorized--
(i) to expand programs that seek to improve the quality of
primary and secondary school systems in eligible countries;
and
(ii) in order to foster understanding of the United States,
to promote civic education through teacher exchanges, teacher
training, textbook modernization, and other efforts.
(H) Promotion of religious freedom.--The Secretary is
authorized to establish a program to promote dialogue and
exchange among leaders and scholars of all faiths from the
United States and eligible countries.
(I) Bridging the digital divide.--The Secretary is
authorized to establish a program to help foster access to
information technology among underserved populations and by
civil society groups in eligible countries.
(J) People-to-people diplomacy.--The Secretary is
authorized to expand efforts to promote United States public
diplomacy interests in eligible countries through cultural,
arts, entertainment, sports and other exchanges.
(K) College scholarships.--
(i) In general.--The Secretary is authorized to establish a
program to offer scholarships to permit individuals to attend
eligible colleges and universities.
(ii) Eligibility for program.--To be eligible for the
scholarship program, an individual shall be a citizen or
resident of an eligible country who has graduated from a
secondary school in an eligible country.
(iii) Eligible college or university defined.--In this
subparagraph, the term ``eligible college or university''
means a college or university that is organized under the
laws of the United States, a State, or the District of
Columbia, accredited by an accrediting agency recognized by
the Secretary of Education, and primarily located in, but not
controlled by, an eligible country.
(L) Language training program.--The Secretary is authorized
to provide travel and subsistence funding for students who
are United States citizens to travel to eligible countries to
participate in immersion training programs in languages used
in such countries and to develop regulations governing the
provision of such funding.
(e) Secondary School Exchange Program.--
(1) In general.--The Secretary is authorized to establish
an international exchange visitor program, modeled on the
Future Leaders Exchange Program established under the FREEDOM
Support Act (22 U.S.C. 5801 et seq.), for eligible students
to--
(A) attend public secondary school in the United States;
(B) live with a host family in the United States; and
(C) participate in activities designed to promote a greater
understanding of United States and Islamic values and
culture.
(2) Eligible student defined.--In this subsection, the term
``eligible student'' means an individual who--
(A) is a national of an eligible country;
(B) is at least 15 years of age but not more than 18 years
and 6 months of age at the time of enrollment in the program;
(C) is enrolled in a secondary school in an eligible
country;
(D) has completed not more than 11 years of primary and
secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and scholastic
aptitude, and has the proficiency in the English language
necessary to participate in the program;
(F) has not previously participated in an exchange program
in the United States sponsored by the Government of the
United States; and
(G) is not prohibited from entering the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) or any other provision of law related to
immigration and nationality.
(3) Compliance with visa requirements.--An eligible student
may not participate in the exchange visitor program
authorized by paragraph (1) unless the eligible student has
the status of nonimmigrant under section 101(a)(15)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(4) Broad participation.--Whenever appropriate, the
Secretary shall make special provisions to ensure the
broadest possible participation in the exchange visitor
program authorized by paragraph (1), particularly among
females and less advantaged citizens of eligible countries.
(5) Designated exchange visitor program.--The exchange
visitor program authorized by paragraph (1) shall be a
designated exchange visitor program for the purposes of
section 641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(6) Regular reporting to the secretary.--If the Secretary
utilizes a United States sponsoring organization to carry out
the exchange visitor program authorized by paragraph (1),
such United States sponsoring organization shall report
regularly to the Secretary on the progress it has made to
implement such program.
(f) Report on Expediting Visas for Participants in
Exchange, Scholarship, and Visitors Programs.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Homeland Security shall submit to Congress a report on
expediting the issuance of visas to individuals who are
entering the United States for the purpose of participating
in a scholarship, exchange, or visitor program authorized in
subsection (d) or (e) without compromising the security of
the United States.
(2) Recommendations.--The report required by paragraph (1)
shall include--
(A) the recommendations of the Secretary and the Secretary
of Homeland Security, if any, for methods to expedite the
processing of requests for such visas; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(g) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for educational and cultural
exchange programs for fiscal year 2005, there is authorized
to be appropriated to the Department of State $60,000,000 to
carry out programs under this section.
SEC. 709. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a
key element in any global strategy to eliminate Islamist
terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, the effort to improve education in the
Middle East must also include--
(A) support for the provision of basic education tools,
such as textbooks that translate more of the world's
knowledge into local languages and local libraries to house
such materials; and
(B) more vocational education in trades and business
skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--
(A) In general.--The President shall establish an
International Youth Opportunity Fund (hereafter in this
section referred to as the ``Fund'').
(B) International participation.--The President shall seek
the cooperation of the international community in
establishing and generously supporting the Fund.
(2) Purpose.--The purpose of the Fund shall be to provide
financial assistance for the improvement of public education
in the Middle East, including assistance for the construction
and operation of primary and secondary schools in countries
that have a sizable Muslim population and that commit to
sensibly investing their own financial resources in public
education.
(3) Eligibility for assistance.--
(A) Determination.--The Secretary of State, in coordination
with the Administrator of the United States Agency for
International Development, shall determine which countries
are eligible for assistance through the Fund.
(B) Criteria.--In determining whether a country is eligible
for assistance, the Secretary shall consider whether the
government of that country is sensibly investing financial
resources in public education and is committed to promoting a
system of education that teaches tolerance, the dignity and
value of each individual, and respect for different beliefs.
(4) Use of funds.--Financial assistance provided through
the Fund shall be used for expanding literacy programs,
providing textbooks, reducing the digital divide, expanding
vocational and business education, constructing and operating
public schools, establishing local libraries, training
teachers in modern education techniques, and promoting public
education that teaches tolerance, the dignity and value of
each individual, and respect for different beliefs.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Administrator of the United States
Agency for International Development shall jointly prepare
and submit to Congress a report on the improvement of
education in the Middle East.
[[Page H8823]]
(2) Content.--Reports submitted under this subsection shall
include the following:
(A) A general strategy for working with eligible host
governments in the Middle East toward establishing the
International Youth Opportunity Fund and related programs.
(B) A listing of countries that are eligible for assistance
under such programs.
(C) A description of the specific programs initiated in
each eligible country and the amount expended in support of
such programs.
(D) A description of activities undertaken to close the
digital divide and expand vocational and business skills in
eligible countries.
(E) A listing of activities that could be undertaken if
additional funding were provided and the amount of funding
that would be necessary to carry out such activities.
(F) A strategy for garnering programmatic and financial
support from international organizations and other countries
in support of the Fund and activities related to the
improvement of public education in eligible countries.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the President for the establishment of
the International Youth Opportunity Fund, in addition to any
amounts otherwise available for such purpose, $40,000,000 for
fiscal year 2005 and such sums as may be necessary for fiscal
years 2006 through 2009.
SEC. 710. REPORT ON THE USE OF ECONOMIC POLICIES TO COMBAT
TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic
policies and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist
between the United States and Israel and the United States
and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers
lowering its barriers to trade with the poorest Arab
countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) 1 element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that
have a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries
into the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its
assistance to countries in the Middle East to the promotion
of the rule of law.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the efforts of the United States
Government to encourage development and promote economic
reform in countries that have a significant population of
Arab or Muslim individuals.
(2) Content.--The report required under this subsection
shall describe--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the global
trading system; and
(B) actions that the United States Government, acting alone
and in partnership with other governments in the Middle East,
can take to promote intra-regional trade and the rule of law
in the region.
SEC. 711. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for fiscal year 2005 $200,000,000 for the
Middle East Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that,
given the importance of the rule of law and economic reform
to development in the Middle East, a significant portion of
the funds authorized to be appropriated under subsection (a)
should be made available to promote the rule of law in the
Middle East.
SEC. 712. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the governments of
other countries in a process of advancing beyond separate and
uncoordinated national counterterrorism strategies to develop
with those other governments a comprehensive coalition
strategy to fight Islamist terrorism; and
(B) to that end, should seek to establish an international
counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism
efforts and governments of countries with sizable Muslim
populations, to be used as a ready and flexible international
means for discussing and coordinating the development of
important counterterrorism policies by the participating
governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the various
components of international prosecution of the war on
terrorism, including policies and a strategy that address
military issues, law enforcement, the collection, analysis,
and dissemination of intelligence, issues relating to
interdiction of travel by terrorists, counterterrorism-
related customs issues, financial issues, and issues relating
to terrorist sanctuaries.
(B) To address, to the extent (if any) that the President
and leaders of other participating governments determine
appropriate, such long-term issues as economic and political
reforms that can contribute to strengthening stability and
security in the Middle East.
SEC. 713. DETENTION AND HUMANE TREATMENT OF CAPTURED
TERRORISTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that is
adhered to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Definitions.--In this section:
(1) Cruel, inhuman, or degrading treatment or punishment.--
The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the Condition of
the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the Condition of
the Wounded, Sick, and Shipwrecked Members of Armed Forces at
Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners
of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian
Persons in Time of War, done at Geneva August 12, 1949 (6 UST
3516).
(3) Prisoner.--The term ``prisoner'' means a foreign
individual captured, detained, interned, or otherwise held in
the custody of the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should engage countries that are
participating in the coalition to fight terrorism to develop
a common approach toward the detention and humane treatment
of captured international terrorists; and
(2) an approach toward the detention and humane treatment
of captured international terrorists developed by the
countries participating in the coalition to fight terrorism
could draw upon Article 3 of the Convention Relative to the
Treatment of Prisoners of War, the principles of which are
commonly accepted as minimum basic standards for humane
treatment of captured individuals.
(d) Policy.--It is the policy of the United States--
(1) to treat any prisoner humanely and in accordance with
standards that the Government of the United States would
determine to be consistent with international law if such
standards were applied to personnel of the United States
captured by an enemy in the war on terrorism;
[[Page H8824]]
(2) if there is any doubt as to whether a prisoner is
entitled to the protections afforded by the Geneva
Conventions, to provide the prisoner such protections until
the status of the prisoner is determined under the procedures
authorized by paragraph 1-6 of Army Regulation 190-8 (1997);
and
(3) to expeditiously prosecute cases of terrorism or other
criminal acts alleged to have been committed by prisoners in
the custody of the United States Armed Forces at Guantanamo
Bay, Cuba, in order to avoid the indefinite detention of such
prisoners.
(e) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the
United States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the
Geneva Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe the
rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (e)(1) by the
members of the Armed Forces of the United States and by any
person providing services to the Department of Defense on a
contract basis.
(2) Report to congress.--The Secretary shall submit to
Congress the rules, regulations, or guidelines prescribed
under paragraph (1), and any modifications to such rules,
regulations, or guidelines--
(A) not later than 30 days after the effective date of such
rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national
security interests of the United States.
(g) Report on Possible Violations.--
(1) Requirement.--The Secretary shall submit, on a timely
basis and not less than twice each year, a report to Congress
on the circumstances surrounding any investigation of a
possible violation of the prohibition in subsection (e)(1) by
a member of the Armed Forces of the United States or by a
person providing services to the Department of Defense on a
contract basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of the
United States; and
(B) will not prejudice any prosecution of an individual
involved in, or responsible for, a violation of the
prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and
Humane Treatment of Captured Terrorists.--Not later than 180
days after the date of the enactment of this Act, the
President shall submit to Congress a report describing the
efforts of the United States Government to develop an
approach toward the detention and humane treatment of
captured international terrorists that will be adhered to by
all countries that are members of the coalition against
terrorism.
SEC. 714. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Al Qaeda has tried to acquire or make weapons of mass
destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has redoubled its
international commitments to supporting the programs for
Cooperative Threat Reduction and other nonproliferation
assistance programs, nonproliferation experts continue to
express deep concern about the United States Government's
commitment and approach to securing the weapons of mass
destruction and related highly dangerous materials that are
still scattered among Russia and other countries of the
former Soviet Union.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
dangerous materials is greatly outweighed by the potentially
catastrophic cost to the United States of use of weapons of
mass destruction or related dangerous materials by the
terrorists who are so eager to acquire them.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction, wherever such proliferation may occur,
is warranted; and
(2) the programs of the United States Government to prevent
or counter the proliferation of weapons of mass destruction,
including the Proliferation Security Initiative, the programs
for Cooperative Threat Reduction, and other nonproliferation
assistance programs, should be expanded, improved, and better
funded to address the global dimensions of the proliferation
threat.
(c) Requirement for Strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress--
(1) a strategy for expanding and strengthening the
Proliferation Security Initiative, the programs for
Cooperative Threat Reduction, and other nonproliferation
assistance programs; and
(2) an estimate of the funding necessary to execute that
strategy.
(d) Report on Reforming the Cooperative Threat Reduction
Program and Other Non-Proliferation Assistance Programs.--Not
later than 180 days after the date of the enactment of this
Act, the President shall submit to Congress a report
evaluating whether the United States could more effectively
address the global threat of nuclear proliferation by--
(1) establishing a central coordinator for the programs for
Cooperative Threat Reduction;
(2) eliminating the requirement that the President spend no
more than $50,000,000 annually on programs for Cooperative
Threat Reduction and other non-proliferation assistance
programs carried out outside the former Soviet Union; or
(3) repealing the provisions of the Soviet Nuclear Threat
Reduction Act of 1991 (22 U.S.C. 2551 note) that place
conditions on assistance to the former Soviet Union unrelated
to bilateral cooperation on weapons dismantlement.
SEC. 715. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful,
efforts to target the relatively small number of al Qaeda
financial facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to
al Qaeda, and has made it more difficult for al Qaeda to
raise and move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the primary weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies;
and
(2) efforts to track terrorist financing must be paramount
in United States counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United
States efforts to curtail the international financing of
terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to track
terrorist financing;
(B) ways to improve international governmental cooperation
in this effort;
(C) ways to improve performance of financial institutions
in this effort;
(D) the adequacy of agency coordination in this effort and
ways to improve that coordination; and
(E) recommendations for changes in law and additional
resources required to improve this effort.
TITLE VIII--TERRORIST TRAVEL AND EFFECTIVE SCREENING
SEC. 801. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels,
present themselves to border security officials, or attempt
to circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways
in which the terrorist predecessors to al Qaeda had been
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could
have allowed authorities to intercept some of the hijackers
and a more effective use of information available in
Government databases could have identified some of the
hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
[[Page H8825]]
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has
produced useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security
shall submit to Congress unclassified and classified versions
of a strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort to
intercept terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and
internationally. The report to Congress should include a
description of the actions taken to implement the strategy.
(2) Accountability.--The strategy submitted under paragraph
(1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and intelligence
regarding terrorist travel tactics and methods; and
(B) outline which Federal intelligence, diplomatic, and law
enforcement agencies will be held accountable for
implementing each element of the strategy.
(3) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence community.
(4) Contents.--The strategy shall address--
(A) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify and
disrupt terrorist travel practices and trends, and the
terrorist travel facilitators, document forgers, human
smugglers, travel agencies, and corrupt border and
transportation officials who assist terrorists;
(B) the initial and ongoing training and training materials
required by consular, border, and immigration officials to
effectively detect and disrupt terrorist travel described
under subsection (c)(3);
(C) the new procedures required and actions to be taken to
integrate existing counterterrorist travel and mobility
intelligence into border security processes, including
consular, port of entry, border patrol, maritime, immigration
benefits, and related law enforcement activities;
(D) the actions required to integrate current terrorist
mobility intelligence into military force protection
measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including further
developing and expanding enforcement and operational
capabilities that address terrorist travel;
(F) the additional resources to be given to the Directorate
of Information and Analysis and Infrastructure Protection to
aid in the sharing of information between the frontline
border agencies of the Department of Homeland Security and
classified and unclassified sources of counterterrorist
travel intelligence and information elsewhere in the Federal
Government, including the Human Smuggling and Trafficking
Center;
(G) the development and implementation of procedures to
enable the Human Smuggling and Trafficking Center to timely
receive terrorist travel intelligence and documentation
obtained at consulates and ports of entry, and by law
enforcement officers and military personnel;
(H) the use of foreign and technical assistance to advance
border security measures and law enforcement operations
against terrorist travel facilitators;
(I) the development of a program to provide each consular,
port of entry, and immigration benefits office with a
counterterrorist travel expert trained and authorized to use
the relevant authentication technologies and cleared to
access all appropriate immigration, law enforcement, and
intelligence databases;
(J) the feasibility of digitally transmitting passport
information to a central cadre of specialists until such time
as experts described under subparagraph (I) are available at
consular, port of entry, and immigration benefits offices;
and
(K) granting consular officers the security clearances
necessary to access law enforcement sensitive databases.
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, shall submit to Congress a plan
describing how the Department of Homeland Security and the
Department of State can acquire and deploy, to all
consulates, ports of entry, and immigration benefits offices,
technologies that facilitate document authentication and the
detection of potential terrorist indicators on travel
documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and deploy the
authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies; and
(C) address the feasibility of using these technologies to
screen every passport submitted for identification purposes
to a United States consular, border, or immigration official.
(3) Training program.--
(A) In general.--The Secretary of Homeland Security and the
Secretary of State shall develop and implement an initial and
annual training program for consular, border, and immigration
officials to teach such officials how to effectively detect
and disrupt terrorist travel. The Secretary may assist State,
local, and tribal governments, and private industry, in
establishing training programs related to terrorist travel
intelligence.
(B) Training topics.--The training developed under this
paragraph shall include training in--
(i) methods for identifying fraudulent documents;
(ii) detecting terrorist indicators on travel documents;
(iii) recognizing travel patterns, tactics, and behaviors
exhibited by terrorists;
(iv) the use of information contained in available
databases and data systems and procedures to maintain the
accuracy and integrity of such systems; and
(v) other topics determined necessary by the Secretary of
Homeland Security and the Secretary of State.
(C) Certification.--Not later than 1 year after the date of
enactment of this Act--
(i) the Secretary of Homeland Security shall certify to
Congress that all border and immigration officials have
received training under this paragraph; and
(ii) the Secretary of State shall certify to Congress that
all consular officers have received training under this
paragraph.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to
carry out the provisions of this subsection.
(d) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The National Intelligence Director shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this
subsection.
SEC. 802. INTEGRATED SCREENING SYSTEM.
(a) In General.--The Secretary of Homeland Security shall
develop a plan for a comprehensive integrated screening
system.
(b) Design.--The system planned under subsection (a) shall
be designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system,
transportation system, and critical infrastructure or
facilities that the Secretary determines need to be protected
against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector
security initiatives, in a manner that will enable the
utilization of a range of security check points in a
continuous and consistent manner throughout the Nation's
screening system;
(3) allow access to government databases to detect
terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate and feasible.
(c) Standards for Screening Procedures.--
(1) Authorization.--The Secretary may promulgate standards
for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary
determines need to be protected against terrorist attack;
(C) accessing critical infrastructure that the Secretary
determines need to be protected against terrorist attack; and
(D) accessing modes of transportation that the Secretary
determines need to be protected against terrorist attack.
(2) Scope.--Standards prescribed under this subsection may
address a range of factors, including technologies required
to be used in screening and requirements for secure
identification.
(3) Requirements.--In promulgating standards for screening
procedures, the Secretary shall--
(A) consider and incorporate appropriate civil liberties
and privacy protections;
(B) comply with the Administrative Procedure Act; and
(C) consult with other Federal, State, local, and tribal
governments, and other interested parties, as appropriate.
(4) Limitation.--This section does not confer to the
Secretary new statutory authority, or alter existing
authorities, over systems, critical infrastructure, and
facilities.
(5) Notification.--If the Secretary determines that
additional regulatory authority is needed to fully implement
the plan for an integrated screening system, the Secretary
shall immediately notify Congress.
(d) Compliance.--The Secretary may issue regulations to
ensure compliance with the standards promulgated under this
section.
[[Page H8826]]
(e) Consultation.--For those systems, critical
infrastructure, and facilities that the Secretary determines
need to be protected against terrorist attack, the Secretary
shall consult with other Federal agencies, State, local, and
tribal governments, and the private sector to ensure the
development of consistent standards and consistent
implementation of the integrated screening system.
(f) Biometric Identifiers.--In carrying out this section,
the Secretary shall continue to review biometric technologies
and existing Federal and State programs using biometric
identifiers. Such review shall consider the accuracy rate of
available technologies.
(g) Implementation.--
(1) Phase i.--The Secretary shall--
(A) issue standards for driver's licenses, personal
identification cards, and birth certificates, as required
under section 806;
(B) develop plans for, and begin implementation of, a
single program for registered travelers to expedite travel
across the border, as required under section 803(e);
(C) continue the implementation of a biometric exit and
entry data system that links to relevant databases and data
systems, as required by subsections (b) and (c) of section
803 and other existing authorities;
(D) centralize the ``no-fly'' and ``automatic-selectee''
lists, making use of improved terrorists watch lists, as
required by section 903;
(E) develop plans, in consultation with other relevant
agencies, for the sharing of terrorist information with
trusted governments, as required by section 805;
(F) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(G) report to Congress on the implementation of phase I,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) plans for the development and implementation of phases
II and III.
(2) Phase ii.--The Secretary shall--
(A) complete the implementation of a single program for
registered travelers to expedite travel across the border, as
required by section 803(e);
(B) complete the implementation of a biometric entry and
exit data system that links to relevant databases and data
systems, as required by subsections (b) and (c) of section
803, and other existing authorities;
(C) in cooperation with other relevant agencies, engage in
dialogue with foreign governments to develop plans for the
use of common screening standards;
(D) initiate any other action determined appropriate by the
Secretary to facilitate the implementation of this paragraph;
and
(E) report to Congress on the implementation of phase II,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the development and implementation of
phase III.
(3) Phase iii.--The Secretary shall--
(A) finalize and deploy the integrated screening system
required by subsection (a);
(B) in cooperation with other relevant agencies, promote
the implementation of common screening standards by foreign
governments; and
(C) report to Congress on the implementation of Phase III,
including--
(i) the effectiveness of actions taken, the efficacy of
resources expended, compliance with statutory provisions, and
safeguards for privacy and civil liberties; and
(ii) the plans for the ongoing operation of the integrated
screening system.
(h) Report.--After phase III has been implemented, the
Secretary shall submit a report to Congress every 3 years
that describes the ongoing operation of the integrated
screening system, including its effectiveness, efficient use
of resources, compliance with statutory provisions, and
safeguards for privacy and civil liberties.
(i) Authorizations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years
2005 through 2009, such sums as may be necessary to carry out
the provisions of this section.
SEC. 803. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that completing a biometric entry and exit
data system as expeditiously as possible is an essential
investment in efforts to protect the United States by
preventing the entry of terrorists.
(b) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit data
system required by applicable sections of--
(A) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(B) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-205);
(C) the Visa Waiver Permanent Program Act (Public Law 106-
396);
(D) the Enhanced Border Security and Visa Entry Reform Act
of 2002 (Public Law 107-173); and
(E) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which
shall contain--
(A) a description of the current functionality of the entry
and exit data system, including--
(i) a listing of ports of entry with biometric entry data
systems in use and whether such screening systems are located
at primary or secondary inspection areas;
(ii) a listing of ports of entry with biometric exit data
systems in use;
(iii) a listing of databases and data systems with which
the automated entry and exit data system are interoperable;
(iv) a description of--
(I) identified deficiencies concerning the accuracy or
integrity of the information contained in the entry and exit
data system;
(II) identified deficiencies concerning technology
associated with processing individuals through the system;
and
(III) programs or policies planned or implemented to
correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the entry and
exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United
States;
(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit system,
including--
(i) the earliest date on which the Secretary estimates that
full implementation of the biometric entry and exit data
system can be completed;
(ii) the actions the Secretary will take to accelerate the
full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities required to enable the
Secretary to meet the implementation date described in clause
(i);
(C) a description of any improvements needed in the
information technology employed for the entry and exit data
system; and
(D) a description of plans for improved or added
interoperability with any other databases or data systems.
(c) Integration Requirement.--Not later than 2 years after
the date of enactment of this Act, the Secretary shall
integrate the biometric entry and exit data system with all
databases and data systems maintained by the United States
Citizenship and Immigration Services that process or contain
information on aliens.
(d) Maintaining Accuracy and Integrity of Entry and Exit
Data System.--
(1) In general.--The Secretary, in consultation with other
appropriate agencies, shall establish rules, guidelines,
policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in, and
adding information to, the entry and exit data system, and
databases and data systems linked to the entry and exit data
system, that ensure the accuracy and integrity of the data.
(2) Requirements.--The rules, guidelines, policies, and
procedures established under paragraph (1) shall--
(A) incorporate a simple and timely method for--
(i) correcting errors; and
(ii) clarifying information known to cause false hits or
misidentification errors; and
(B) include procedures for individuals to seek corrections
of data contained in the data systems.
(e) Expediting Registered Travelers Across International
Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened and known
travelers across the borders of the United States should be a
high priority; and
(B) the process of expediting known travelers across the
border can permit inspectors to better focus on identifying
terrorists attempting to enter the United States.
(2) Definition.--The term ``registered traveler program''
means any program designed to expedite the travel of
previously screened and known travelers across the borders of
the United States.
(3) Registered travel plan.--
(A) In general.--As soon as is practicable, the Secretary
shall develop and implement a plan to expedite the processing
of registered travelers who enter and exit the United States
through a single registered traveler program.
(B) Integration.--The registered traveler program developed
under this paragraph shall be integrated into the automated
biometric entry and exit data system described in this
section.
(C) Review and evaluation.--In developing the program under
this paragraph, the Secretary shall--
(i) review existing programs or pilot projects designed to
expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs described
in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs; and
[[Page H8827]]
(iii) increase research and development efforts to
accelerate the development and implementation of a single
registered traveler program.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the Department's progress on the
development and implementation of the plan required by this
subsection.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary, for each of the fiscal
years 2005 through 2009, such sums as may be necessary to
carry out the provisions of this section.
SEC. 804. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification;
(2) the planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities; and
(3) additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Biometric Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously as possible to
require biometric passports or other identification deemed by
the Secretary to be at least as secure as a biometric
passport, for all travel into the United States by United
States citizens and by categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(d)(4)(B)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom
documentation requirements have previously been waived under
section 212(d)(4)(B) of such Act, to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the
complete implementation of the plan described in subsection
(b)--
(1) the Secretary of State and the Attorney General may no
longer exercise discretion under section 212(d)(4)(B) of such
Act to waive documentary requirements for travel into the
United States; and
(2) the President may no longer exercise discretion under
section 215(b) of such Act to waive documentary requirements
for United States citizens departing from or entering, or
attempting to depart from or enter, the United States, unless
the Secretary of State determines that the alternative
documentation that is the basis for the waiver of the
documentary requirement is at least as secure as a biometric
passport.
(d) Transit Without Visa Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until the Secretary, in conjunction
with the Secretary of Homeland Security, completely
implements a security plan to fully ensure secure transit
passage areas to prevent aliens proceeding in immediate and
continuous transit through the United States from illegally
entering the United States.
SEC. 805. EXCHANGE OF TERRORIST INFORMATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits; and
(2) the further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should exchange terrorist
information with trusted allies;
(2) the United States Government should move toward real-
time verification of passports with issuing authorities;
(3) where practicable the United States Government should
conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign
assistance to countries that need help making the transition
to the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist
Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the
Secretary of Homeland Security, working with other agencies,
shall submit to the appropriate committees of Congress a
report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration and
cooperation;
(B) progress made in screening passengers before their
departure to the United States; and
(C) efforts to work with other countries to accomplish the
goals described under this section.
SEC. 806. MINIMUM STANDARDS FOR IDENTIFICATION-RELATED
DOCUMENTS.
(a) In General.--Subtitle H of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 451 et seq.) is amended by
adding at the end the following:
``SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
``(a) Definition.--In this section, the term `birth
certificate' means a certificate of birth--
``(1) for an individual (regardless of where born)--
``(A) who is a citizen or national of the United States at
birth; and
``(B) whose birth is registered in the United States; and
``(2) that--
``(A) is issued by a Federal, State, or local government
agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of
record; or
``(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of record,
of an original certificate of birth issued by such agency or
custodian of record.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--Beginning 2 years after the promulgation
of minimum standards under paragraph (2), no Federal agency
may accept a birth certificate for any official purpose
unless the certificate conforms to such standards.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for birth certificates for use by
Federal agencies for official purposes that--
``(A) at a minimum, shall require certification of the
birth certificate by the State or local government custodian
of record that issued the certificate, and shall require the
use of safety paper, the seal of the issuing custodian of
record, and other features designed to prevent tampering,
counterfeiting, or otherwise duplicating the birth
certificate for fraudulent purposes;
``(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a
birth certificate, with additional security measures for the
issuance of a birth certificate for a person who is not the
applicant;
``(C) may not require a single design to which birth
certificates issued by all States must conform; and
``(D) shall accommodate the differences between the States
in the manner and form in which birth records are stored and
birth certificates are produced from such records.
``(3) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with State vital statistics offices
and appropriate Federal agencies.
``(4) Extension of effective date.--The Secretary may
extend the 2-year date under paragraph (1) by up to 2
additional years for birth certificates issued before that 2-
year date if the Secretary determines that the States are
unable to comply with such date after making reasonable
efforts to do so.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--
``(A) In general.--Beginning on the date a final regulation
is promulgated under subsection (b)(2), the Secretary shall
make grants to States to assist them in conforming to the
minimum standards for birth certificates set forth in the
regulation.
``(B) Allocation of grants.--The Secretary shall make
grants to States under this paragraph based on the proportion
that the estimated average annual number of birth
certificates issued by a State applying for a grant bears to
the estimated average annual number of birth certificates
issued by all States.
``(2) Assistance in matching birth and death records.--
``(A) In general.--The Secretary, in coordination with
other appropriate Federal agencies, shall make grants to
States to assist them in--
``(i) computerizing their birth and death records;
``(ii) developing the capability to match birth and death
records within each State and among the States; and
``(iii) noting the fact of death on the birth certificates
of deceased persons.
``(B) Allocation of grants.--The Secretary shall make
grants to States under this paragraph based on the proportion
that the estimated annual average number of birth and death
records created by a State applying for a grant bears to the
estimated annual average number of birth and death records
originated by all States.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to
[[Page H8828]]
the Secretary for each of the fiscal years 2005 through 2009
such sums as may be necessary to carry out this section.
``SEC. 890B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION
CARDS.
``(a) Definitions.--In this section:
``(1) Driver's license.--The term `driver's license' means
a motor vehicle operator's license as defined in section
30301(5) of title 49, United States Code.
``(2) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d)(3) of title 18, United States
Code) issued by a State.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--
``(A) Limitation on acceptance.--No Federal agency may
accept, for any official purpose, a driver's license or
personal identification card issued by a State more than 2
years after the promulgation of the minimum standards under
paragraph (2) unless the driver's license or personal
identification card conforms to such minimum standards.
``(B) Date for conformance.--The Secretary shall establish
a date after which no driver's license or personal
identification card shall be accepted by a Federal agency for
any official purpose unless such driver's license or personal
identification card conforms to the minimum standards
established under paragraph (2). The date shall be as early
as the Secretary determines it is practicable for the States
to comply with such date with reasonable efforts.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for driver's licenses or personal
identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
``(A) standards for documentation required as proof of
identity of an applicant for a driver's license or
identification card;
``(B) standards for third-party verification of the
authenticity of documents used to obtain a driver's license
or identification card;
``(C) standards for the processing of applications for
driver's licenses and identification cards to prevent fraud;
``(D) security standards to ensure that driver's licenses
and identification cards are--
``(i) resistant to tampering, alteration, or
counterfeiting; and
``(ii) capable of accommodating a digital photograph or
other unique identifier; and
``(E) a requirement that a State confiscate a driver's
license or identification card if any component or security
feature of the license or identification card is compromised.
``(3) Content of regulations.--The regulations required by
paragraph (2)--
``(A) shall facilitate communication between the chief
driver licensing official of a State and an appropriate
official of a Federal agency to verify the authenticity of
documents issued by such Federal agency and presented to
prove the identity of an individual;
``(B) may not directly or indirectly infringe on a State's
power to set eligibility criteria for obtaining a driver's
license or identification card from that State; and
``(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with
the full enforcement of such eligibility criteria by the
State.
``(4) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with the Department of
Transportation, the chief driver licensing official of each
State, any other State organization that issues personal
identification cards, and any organization, determined
appropriate by the Secretary, that represents the interests
of the States.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--Beginning
on the date a final regulation is promulgated under
subsection (b)(2), the Secretary shall make grants to States
to assist them in conforming to the minimum standards for
driver's licenses and personal identification cards set forth
in the regulation.
``(2) Allocation of grants.--The Secretary shall make
grants to States under this subsection based on the
proportion that the estimated average annual number of
driver's licenses and personal identification cards issued by
a State applying for a grant bears to the average annual
number of such documents issued by all States.
``(d) Authorization of Appropriations.--There are
authorized to be appropriated to the Secretary for each of
the fiscal years 2005 through 2009, such sums as may be
necessary to carry out this section.
``SEC. 890C. SOCIAL SECURITY CARDS.
``(a) Security Enhancements.--The Commissioner of Social
Security shall--
``(1) within 180 days after the date of enactment of this
section, issue regulations to restrict the issuance of
multiple replacement social security cards to any individual
to minimize fraud;
``(2) within 1 year after the date of enactment of this
section, require independent verification of all records
provided by an applicant for an original social security
card, other than for purposes of enumeration at birth; and
``(3) within 18 months after the date of enactment of this
section, add death, fraud, and work authorization indicators
to the social security number verification system.
``(b) Interagency Security Task Force.--The Secretary and
the Commissioner of Social Security shall form an interagency
task force for the purpose of further improving the security
of social security cards and numbers. Within 1 year after the
date of enactment of this section, the task force shall
establish security requirements, including--
``(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
``(2) requirements for verifying documents submitted for
the issuance of replacement cards; and
``(3) actions to increase enforcement against the
fraudulent use or issuance of social security numbers and
cards.
``(c) Authorization of Appropriations.--There are
authorized to be appropriated to the Commissioner of Social
Security for each of the fiscal years 2005 through 2009, such
sums as may be necessary to carry out this section.''.
(b) Technical and Conforming Amendments.--
(1) Section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is
repealed.
(2) Section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 890 the following:
``Sec. 890A. Minimum standards for birth certificates.
``Sec. 890B. Driver's licenses and personal identification cards.
``Sec. 890C. Social security cards.''.
TITLE IX--TRANSPORTATION SECURITY
SEC. 901. DEFINITIONS.
In this title, the terms ``air carrier'', ``air
transportation'', ``aircraft'', ``airport'', ``cargo'',
``foreign air carrier'', and ``intrastate air
transportation'' have the meanings given such terms in
section 40102 of title 49, United States Code.
SEC. 902. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Requirement for Strategy.--
(1) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for
Transportation Security; and
(B) revise such strategy whenever necessary to improve or
to maintain the currency of the strategy or whenever the
Secretary otherwise considers it appropriate to do so.
(2) Consultation with secretary of transportation.--The
Secretary of Homeland Security shall consult with the
Secretary of Transportation in developing and revising the
National Strategy for Transportation Security under this
section.
(b) Content.--The National Strategy for Transportation
Security shall include the following matters:
(1) An identification and evaluation of the transportation
assets within the United States that, in the interests of
national security, must be protected from attack or
disruption by terrorist or other hostile forces, including
aviation, bridge and tunnel, commuter rail and ferry,
highway, maritime, pipeline, rail, urban mass transit, and
other public transportation infrastructure assets that could
be at risk of such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated
with those assets.
(3) The most practical and cost-effective means of
defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and
agencies of the Federal Government (including the Armed
Forces), State governments (including the Army National Guard
and Air National Guard), local governments, and public
utilities, and establishes mechanisms for encouraging private
sector cooperation and participation in the implementation of
such plan.
(5) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development objectives
that support transportation security needs, giving a higher
priority to research and development directed toward
protecting vital assets.
(7) A budget and recommendations for appropriate levels and
sources of funding to meet the objectives set forth in the
strategy.
(c) Submissions to Congress.--
(1) The national strategy.--
(A) Initial strategy.--The Secretary of Homeland Security
shall submit the National Strategy for Transportation
Security developed under this section to Congress not later
than April 1, 2005.
(B) Subsequent versions.--After 2005, the Secretary of
Homeland Security shall submit the National Strategy for
Transportation Security, including any revisions, to Congress
not less frequently than April 1 of each even-numbered year.
(2) Periodic progress report.--
(A) Requirement for report.--Each year, in conjunction with
the submission of the budget to Congress under section
1105(a) of title 31, United States Code, the Secretary of
Homeland Security shall submit to Congress an assessment of
the progress made on implementing the National Strategy for
Transportation Security.
[[Page H8829]]
(B) Content.--Each progress report under this paragraph
shall include, at a minimum, the following matters:
(i) An assessment of the adequacy of the resources
committed to meeting the objectives of the National Strategy
for Transportation Security.
(ii) Any recommendations for improving and implementing
that strategy that the Secretary, in consultation with the
Secretary of Transportation, considers appropriate.
(3) Classified material.--Any part of the National Strategy
for Transportation Security that involves information that is
properly classified under criteria established by Executive
order shall be submitted to Congress separately in classified
form.
(d) Priority Status.--
(1) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
(2) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
(A) the current National Maritime Transportation Security
Plan under section 70103 of title 46, United States Code;
(B) the report of the Secretary of Transportation under
section 44938 of title 49, United States Code; and
(C) any other transportation security plan or report that
the Secretary of Homeland Security determines appropriate for
inclusion.
SEC. 903. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION
SCREENING.
(a) In General.--The Secretary of Homeland Security, acting
through the Transportation Security Administration, as soon
as practicable after the date of the enactment of this Act
but in no event later than 90 days after that date, shall--
(1) implement a procedure under which the Transportation
Security Administration compares information about passengers
who are to be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation
or intrastate air transportation for flights and flight
segments originating in the United States with a
comprehensive, consolidated database containing information
about known or suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such flights or flight segments or to subject them
to specific additional security scrutiny, through the use of
``no fly'' and ``automatic selectee'' lists or other means.
(b) Air Carrier Cooperation.--The Secretary of Homeland
Security, in coordination with the Secretary of
Transportation, shall by order require air carriers to
provide the passenger information necessary to implement the
procedure required by subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No
Fly'' and ``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall design guidelines, policies,
and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the
watchlist database described in subsection (a)(1) that are
designed to ensure the accuracy and integrity of the
database.
(2) Accuracy of entries.--In developing the ``no fly'' and
``automatic selectee'' lists under subsection (a)(2), the
Secretary of Homeland Security shall establish a simple and
timely method for correcting erroneous entries, for
clarifying information known to cause false hits or
misidentification errors, and for updating relevant
information that is dispositive in the passenger screening
process. The Secretary shall also establish a process to
provide individuals whose names are confused with, or similar
to, names in the database with a means of demonstrating that
they are not a person named in the database.
SEC. 904. ENHANCED PASSENGER AND CARGO SCREENING.
(a) Aircraft Passenger Screening at Checkpoints.--
(1) Detection of explosives.--
(A) Improvement of capabilities.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Homeland Security shall take such action as is necessary to
improve the capabilities at passenger screening checkpoints,
especially at commercial airports, to detect explosives
carried aboard aircraft by passengers or placed aboard
aircraft by passengers.
(B) Interim action.--Until measures are implemented that
enable the screening of all passengers for explosives, the
Secretary shall take immediate measures to require
Transportation Security Administration or other screeners to
screen for explosives any individual identified for
additional screening before that individual may board an
aircraft.
(2) Implementation report.--
(A) Requirement for report.--Within 90 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall transmit to the Senate and the House of
Representatives a report on how the Secretary intends to
achieve the objectives of the actions required under
paragraph (1). The report shall include an implementation
schedule.
(B) Classified information.--The Secretary may submit
separately in classified form any information in the report
under subparagraph (A) that involves information that is
properly classified under criteria established by Executive
order.
(b) Acceleration of Research and Development on, and
Deployment of, Detection of Explosives.--
(1) Required action.--The Secretary of Homeland Security,
in consultation with the Secretary of Transportation, shall
take such action as may be necessary to accelerate research
and development and deployment of technology for screening
aircraft passengers for explosives during or before the
aircraft boarding process.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out this subsection for each of fiscal
years 2005 through 2009.
(c) Improvement of Screener Job Performance.--
(1) Required action.--The Secretary of Homeland Security
shall take such action as may be necessary to improve the job
performance of airport screening personnel.
(2) Human factors study.--In carrying out this subsection,
the Secretary shall, not later than 180 days after the date
of the enactment of this Act, conduct a human factors study
in order better to understand problems in screener
performance and to set attainable objectives for individual
screeners and screening checkpoints.
(d) Checked Baggage and Cargo.--
(1) In-line baggage screening.--The Secretary of Homeland
Security shall take such action as may be necessary to
expedite the installation and use of advanced in-line
baggage-screening equipment at commercial airports.
(2) Cargo security.--The Secretary shall take such action
as may be necessary to ensure that the Transportation
Security Administration increases and improves its efforts to
screen potentially dangerous cargo.
(3) Hardened containers.--The Secretary, in consultation
with the Secretary of Transportation, shall require air
carriers to deploy at least 1 hardened container for
containing baggage or cargo items in each passenger aircraft
that also carries cargo.
(e) Cost-Sharing.--Not later than 45 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with representatives of air
carriers, airport operators, and other interested parties,
shall submit to the Senate and the House of Representatives--
(1) a proposed formula for cost-sharing, for the advanced
in-line baggage screening equipment required by this title,
between and among the Federal Government, State and local
governments, and the private sector that reflects
proportionate national security benefits and private sector
benefits for such enhancement; and
(2) recommendations, including recommended legislation, for
an equitable, feasible, and expeditious system for defraying
the costs of the advanced in-line baggage screening equipment
required by this title, which may be based on the formula
proposed under paragraph (1).
TITLE X--NATIONAL PREPAREDNESS
SEC. 1001. HOMELAND SECURITY ASSISTANCE.
(a) Definitions.--In this section:
(1) Community.--The term ``community'' means a State, local
government, or region.
(2) Homeland security assistance.--The term ``homeland
security assistance'' means grants or other financial
assistance provided by the Department of Homeland Security
under the State Homeland Security Grants Program, the Urban
Areas Security Initiative, or the Law Enforcement Terrorism
Prevention Program.
(3) Local government.--The term ``local government'' has
the meaning given that term in section 2(10) of the Homeland
Security Act of 2002 (6 U.S.C. 101(10)).
(4) Region.--The term ``region'' means any intrastate or
interstate consortium of local governments.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) State.--The term ``State'' has the meaning given that
term in section 2(14) of the Homeland Security Act of 2002 (6
U.S.C. 101(14)).
(7) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.
(b) In General.--The Secretary shall allocate homeland
security assistance to communities based on--
(1) the level of threat faced by a community, as determined
by the Secretary through the Under Secretary, in consultation
with the National Intelligence Director;
(2) the critical infrastructure in the community, and the
risks to and vulnerability of that infrastructure, as
identified and assessed by the Secretary through the Under
Secretary;
(3) the community's population and population density;
(4) such other indicia of a community's risk and
vulnerability as the Secretary determines is appropriate;
(5) the benchmarks developed under subsection (d)(4)(A);
and
(6) the goal of achieving and enhancing essential emergency
preparedness and response capabilities throughout the Nation.
(c) Reallocation of Assistance.--A State receiving homeland
security assistance may reallocate such assistance, in whole
or in part, among local governments or other entities, only
if such reallocation is made on the
[[Page H8830]]
basis of an assessment of threats, risks, and vulnerabilities
of the local governments or other entities that is consistent
with the criteria set forth in subsection (b).
(d) Advisory Panel.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish an
advisory panel to assist the Secretary in determining how to
allocate homeland security assistance funds most effectively
among communities, consistent with the criteria set out in
subsection (b).
(2) Selection of members.--The Secretary shall appoint no
fewer than 10 individuals to serve on the advisory panel. The
individuals shall--
(A) be chosen on the basis of their knowledge,
achievements, and experience;
(B) be from diverse geographic and professional
backgrounds; and
(C) have demonstrated expertise in homeland security or
emergency preparedness and response.
(3) Term.--Each member of the advisory panel appointed by
the Secretary shall serve a term the length of which is to be
determined by the Secretary, but which shall not exceed 5
years.
(4) Responsibilities.--The advisory panel shall--
(A) develop benchmarks by which the needs and capabilities
of diverse communities throughout the Nation with respect to
potential terrorist attacks may be assessed, and review and
revise those benchmarks as appropriate; and
(B) advise the Secretary on means of establishing
appropriate priorities for the allocation of funding among
applicants for homeland security assistance.
(5) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the advisory
panel shall provide the Secretary and Congress with a report
on the benchmarks it has developed under paragraph (4)(A),
including any revisions or modifications to such benchmarks.
(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory panel.
(7) Administrative support services.--The Secretary shall
provide administrative support services to the advisory
panel.
(e) Technical and Conforming Amendment.--Section 1014(c) of
the USA PATRIOT ACT of 2001 (42 U.S.C. 3714(c)) is amended by
striking paragraph (3).
SEC. 1002. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist
attack.
(3) Key decision makers who are represented at the incident
command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of
Homeland Security is requiring that entities adopt the
Incident Command System and other concepts of the National
Incident Management System in order to qualify for funds
distributed by the Office of State and Local Government
Coordination and Preparedness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the
Incident Command System;
(2) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness
funds from the Office of State and Local Government
Coordination and Preparedness, that grant applicants document
measures taken to fully and aggressively implement the
Incident Command System and unified command procedures.
SEC. 1003. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--
The term ``authorized representative of the Federal
Government'' means any individual or individuals designated
by the President with respect to the executive branch, the
Chief Justice with respect to the Federal judiciary, or the
President of the Senate and Speaker of the House of
Representatives with respect to Congress, or their designees,
to request assistance under a Mutual Aid Agreement for an
emergency or public service event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating
officer.
(3) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a state
of emergency declared by the Mayor of the District of
Columbia, the Governor of the State of Maryland or the
Commonwealth of Virginia, or the declaration of a local
emergency by the chief operating officer of a locality, or
their designees, that triggers mutual aid under the terms of
a Mutual Aid Agreement.
(4) Employee.--The term ``employee'' means the employees of
the party, including its agents or authorized volunteers, who
are committed in a Mutual Aid Agreement to prepare for or who
respond to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city,
or town within the State of Maryland or the Commonwealth of
Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``Mutual Aid
Agreement'' means an agreement, authorized under subsection
(b) for the provision of police, fire, rescue and other
public safety and health or medical services to any party to
the agreement during a public service event, an emergency, or
pre-planned training event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those
counties with a border abutting that area and any
municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and
any of the localities duly executing a Mutual Aid Agreement
under this section.
(9) Public service event.--The term ``public service
event''--
(A) means any undeclared emergency, incident or situation
in preparation for or response to which the Mayor of the
District of Columbia, an authorized representative of the
Federal Government, the Governor of the State of Maryland,
the Governor of the Commonwealth of Virginia, or the chief
operating officer of a locality in the National Capital
Region, or their designees, requests or provides assistance
under a Mutual Aid Agreement within the National Capital
Region; and
(B) includes Presidential inaugurations, public gatherings,
demonstrations and protests, and law enforcement, fire,
rescue, emergency health and medical services,
transportation, communications, public works and engineering,
mass care, and other support that require human resources,
equipment, facilities or services supplemental to or greater
than the requesting jurisdiction can provide.
(10) State.--The term ``State'' means the State of
Maryland, the Commonwealth of Virginia, and the District of
Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate
performance of any aspect of the giving or receiving of aid
by National Capital Region jurisdictions during emergencies
or public service events, such actions occurring outside
actual emergency or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The Mayor of the District of Columbia, any
authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a
locality, or their designees, acting within his or her
jurisdictional purview, may, subject to State law, enter
into, request or provide assistance under Mutual Aid
Agreements with localities, the Washington Metropolitan Area
Transit Authority, the Metropolitan Washington Airports
Authority, and any other governmental agency or authority
for--
(A) law enforcement, fire, rescue, emergency health and
medical services, transportation, communications, public
works and engineering, mass care, and resource support in an
emergency or public service event;
(B) preparing for, mitigating, managing, responding to or
recovering from any emergency or public service event; and
(C) training for any of the activities described under
subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the
ability of localities to enter into interstate Mutual Aid
Agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security operations
at special events of national significance under section
3056(e) of title 18, United States Code, or other law
enforcement functions of the United States Secret Service;
(B) does not diminish any authorities, express or implied,
of Federal agencies to enter into Mutual Aid Agreements in
furtherance of their Federal missions; and
(C) does not--
(i) preclude any party from entering into supplementary
Mutual Aid Agreements with fewer than all the parties, or
with another party; or
(ii) affect any other agreement in effect before the date
of enactment of this Act among the States and localities,
including the Emergency Management Assistance Compact.
(4) Rights described.--Other than as described in this
section, the rights and responsibilities of the parties to a
Mutual Aid Agreement entered into under this section shall be
as described in the Mutual Aid Agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self
insured against claims arising under a Mutual Aid Agreement
authorized under this section.
[[Page H8831]]
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the
District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under
a Mutual Aid Agreement authorized under this section, and any
party or its officers or employees engaged in training
activities with another party under such a Mutual Aid
Agreement, shall be liable on account of any act or omission
of its officers or employees while so engaged or on account
of the maintenance or use of any related equipment,
facilities, or supplies, but only to the extent permitted
under the laws and procedures of the State of the party
rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, or failure to render such aid or on
account of the maintenance or use of any related equipment,
facilities, or supplies may be brought only under the laws
and procedures of the State of the party rendering aid and
only in the Federal or State courts located therein. Actions
against the United States under this section may be brought
only in Federal courts.
(3) Good faith exception.--
(A) Definition.--In this paragraph, the term ``good faith''
shall not include willful misconduct, gross negligence, or
recklessness.
(B) Exception.--No State or locality, or its officers or
employees, rendering aid to another party, or engaging in
training, under a Mutual Aid Agreement shall be liable under
Federal law on account of any act or omission performed in
good faith while so engaged, or on account of the maintenance
or use of any related equipment, facilities, or supplies
performed in good faith.
(4) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(d) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment
of compensation and death benefits to injured members of the
emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement, or engaged in training activities under a Mutual
Aid Agreement, in the same manner and on the same terms as if
the injury or death were sustained within their own
jurisdiction.
(2) Other state law.--No party shall be liable under the
law of any State other than its own for providing for the
payment of compensation and death benefits to injured members
of the emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement or engaged in training activities under a Mutual
Aid Agreement.
(e) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party
evidencing the meeting of qualifications for professional,
mechanical, or other skills and assistance is requested by a
receiving jurisdiction, such person will be deemed licensed,
certified, or permitted by the receiving jurisdiction to
render aid involving such skill to meet a public service
event, emergency or training for any such events.
SEC. 1004. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY.
Section 309(j)(14) of the Communications Act of 1934 (47
U.S.C. 309(j)(14)) is amended by adding at the end the
following:
``(E) Extensions not permitted for channels (63, 64, 68 and
69) reassigned for public safety services.--Notwithstanding
subparagraph (B), the Commission shall not grant any
extension under such subparagraph from the limitation of
subparagraph (A) with respect to the frequencies assigned,
under section 337(a)(1), for public safety services. The
Commission shall take all actions necessary to complete
assignment of the electromagnetic spectrum between 764 and
776 megahertz, inclusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to permit
operations by public safety services on those frequencies
commencing not later than January 1, 2007.''.
SEC. 1005. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) In General.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end
the following:
``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
``The Secretary, in consultation with the Federal
Communications Commission and the Secretary of Defense, and
with appropriate governors, mayors, and other State and local
government officials, shall encourage and support the
establishment of consistent and effective communications
capabilities in the event of an emergency in urban areas
determined by the Secretary to be at consistently high levels
of risk from terrorist attack. Such communications
capabilities shall ensure the ability of all levels of
government agencies, including military authorities, and of
first responders, hospitals, and other organizations with
emergency response capabilities to communicate with each
other in the event of an emergency. Additionally, the
Secretary, in conjunction with the Secretary of Defense,
shall develop plans to provide back-up and additional
communications support in the event of an emergency.''.
(b) Technical and Conforming Amendment.--Section 1(b) of
that Act is amended by inserting after the item relating to
section 509 the following:
``Sec. 510. High risk urban area communications capabilities.''.
SEC. 1006. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority
of the Nation's workers.
(2) Unless a terrorist attack targets a military or other
secure government facility, the first people called upon to
respond will likely be civilians.
(3) Despite the exemplary efforts of some private entities,
the private sector remains largely unprepared for a terrorist
attack, due in part to the lack of a widely accepted standard
for private sector preparedness.
(4) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should
include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute recommends a
voluntary national preparedness standard for the private
sector based on the existing American National Standard on
Disaster/Emergency Management and Business Continuity
Programs (NFPA 1600), with appropriate modifications. This
standard would establish a common set of criteria and
terminology for preparedness, disaster management, emergency
management, and business continuity programs.
(6) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as
government entities.
(b) Private Sector Preparedness Program.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 1005, is
amended by adding at the end the following:
``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
``The Secretary shall establish a program to promote
private sector preparedness for terrorism and other
emergencies, including promoting the adoption of a voluntary
national preparedness standard such as the private sector
preparedness standard developed by the American National
Standards Institute and based on the National Fire Protection
Association 1600 Standard on Disaster/Emergency Management
and Business Continuity Programs.''.
(2) Technical and conforming amendment.--Section 1(b) of
that Act, as amended by section 1005, is amended by inserting
after the item relating to section 510 the following:
``Sec. 511. Private sector preparedness program.''.
(c) Sense of Congress.--It is the sense of Congress that
insurance and credit-rating industries should consider
compliance with the voluntary national preparedness standard,
the adoption of which is promoted by the Secretary of
Homeland Security under section 511 of the Homeland Security
Act of 2002, as added by subsection (b), in assessing
insurability and credit worthiness.
SEC. 1007. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress finds the following:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through
the Under Secretary for Information Analysis and
Infrastructure Protection, has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United
States;
(B) to identify priorities for protective and supportive
measures; and
(C) to develop a comprehensive national plan for securing
the key resources and critical infrastructure of the United
States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland
Security was given 1 year to develop a comprehensive plan to
identify, prioritize, and coordinate the protection of
critical infrastructure and key resources.
(3) Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, the Secretary of
Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and other
institutions that need to be protected;
[[Page H8832]]
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later
than 180 days after the date of enactment of this Act and
annually thereafter, the Secretary of Homeland Security shall
submit a report to Congress on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 1008. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE
UNITED STATES HOMELAND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility
for national defense is with the Department of Homeland
Security, and the 2 departments must have clear delineations
of responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command (hereafter in this section referred to as
``NORAD''), which had responsibility for defending United
States airspace on September 11, 2001--
(A) focused on threats coming from outside the borders of
the United States; and
(B) had not increased its focus on terrorism within the
United States, even though the intelligence community had
gathered intelligence on the possibility that terrorists
might turn to hijacking and even the use of airplanes as
missiles within the United States.
(3) The United States Northern Command has been established
to assume responsibility for defense within the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of United States Northern Command's plans and
strategies with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all
military and paramilitary threats within the United States;
and
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
should periodically review and assess the adequacy of such
plans and strategies.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the
Secretary of Defense shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives a report describing the United
States Northern Command's plans and strategies to defend the
United States against military and paramilitary threats
within the United States.
TITLE XI--PROTECTION OF CIVIL LIBERTIES
SEC. 1011. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established within the Executive
Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this title as the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to
protect the precious liberties that are vital to our way of
life and to ensure that the Government uses its powers for
the purposes for which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the Executive Branch takes
to protect the Nation from terrorism; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and policies
related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under section 401(e);
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
section 401(e);
(C) advise the President and Federal executive departments
and agencies to ensure that privacy and civil liberties are
appropriately considered in the development and
implementation of such legislation, regulations, policies,
and guidelines; and
(D) in providing advice on proposals to retain or enhance a
particular governmental power, consider whether the executive
department or agency has explained--
(i) that the power actually materially enhances security;
and
(ii) that there is adequate supervision of the executive's
use of the power to ensure protection of civil liberties.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures and the
implementation of the regulations, policies, procedures, and
related laws of Federal executive departments and agencies to
ensure that privacy and civil liberties are protected;
(B) the information sharing practices of Federal executive
departments and agencies to determine whether they
appropriately protect privacy and civil liberties and adhere
to the information sharing guidelines promulgated under
section 401(e) and to other governing laws, regulations, and
policies regarding privacy and civil liberties; and
(C) other actions by the Executive Branch related to
efforts to protect the Nation from terrorism to determine
whether such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and
policies regarding privacy and civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall review and assess the activities
of privacy and civil liberties officers described in section
1012 and, where appropriate, shall coordinate their
activities.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy and civil
liberties officers described in section 1012; and
(B) periodically submit, not less than semiannually,
reports to Congress and the President.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board
during the relevant period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d).
(f) Informing the Public.--The Board shall hold public
hearings, release public reports, and otherwise inform the
public of its activities, as appropriate and in a manner
consistent with the protection of classified information and
applicable law.
(g) Access To Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this
section, the Board may--
(A) secure directly from any Federal executive department
or agency, or any Federal officer or employee, all relevant
records, reports, audits, reviews, documents, papers, or
recommendations, including classified information consistent
with applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any Federal executive department
or agency or any Federal officer or employee;
(C) request information or assistance from any State,
tribal, or local government; and
(D) require, by subpoena, persons other than Federal
executive departments and agencies to produce any relevant
information, documents, reports, answers, records, accounts,
papers, and other documentary or testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in
which the subpoenaed person resides, is served, or may be
found may issue an order requiring such person to produce the
evidence required by such subpoena.
(h) Membership.--
(1) Members.--The Board shall be composed of a chairman and
4 additional members, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, and relevant experience, and
without regard to political affiliation.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, an officer, or an employee of the Federal
Government, other than in the capacity as a member of the
Board.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic pay
in effect for a position at level III of the Executive
Schedule under section 5314 of title 5, United States Code,
for each day during which the chairman is engaged in the
actual performance of the duties of the Board.
(B) Members.--Each member of the Board shall be compensated
at a rate equal to the daily equivalent of the annual rate of
basic pay in effect for a position at level IV of the
Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence,
at
[[Page H8833]]
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level
V of the Executive Schedule under section 5316 of title 5,
United States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States
Code, at rates that do not exceed the daily rate paid a
person occupying a position at level IV of the Executive
Schedule under section 5315 of such title.
(k) Security Clearances.--The appropriate Federal executive
departments and agencies shall cooperate with the Board to
expeditiously provide the Board members and staff with
appropriate security clearances to the extent possible under
existing procedures and requirements, except that no person
shall be provided with access to classified information under
this section without the appropriate security clearances.
(l) Treatment as Agency, Not as Advisory Committee.--The
Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
(m) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 1012. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) Designation and Functions.--The Attorney General,
Secretary of Defense, Secretary of Homeland Security,
Secretary of State, Secretary of the Treasury, Secretary of
Health and Human Services, National Intelligence Director,
Director of the Central Intelligence Agency, and the head of
any other executive department or agency designated by the
Privacy and Civil Liberties Oversight Board to be appropriate
for coverage under this section shall designate not less than
1 senior officer to--
(1) assist the department or agency head and other
department or agency officials in appropriately considering
privacy and civil liberties concerns when such officials are
proposing, developing, or implementing laws, regulations,
policies, procedures, or guidelines related to efforts to
protect the Nation against terrorism;
(2) periodically investigate and review department or
agency actions, policies, procedures, guidelines, and related
laws and their implementation to ensure that the department
or agency is adequately considering privacy and civil
liberties in its actions;
(3) ensure that the department or agency has adequate
procedures to receive, investigate, and respond to complaints
from individuals who allege the department or agency has
violated their privacy or civil liberties; and
(4) in providing advice on proposals to retain or enhance a
particular governmental power the officer shall consider
whether the department or agency has explained--
(i) that the power actually materially enhances security;
and
(ii) that there is adequate supervision of the department's
or agency's use of the power to ensure protection of civil
liberties.
(b) Exception To Designation Authority.--
(1) Privacy officers.--In any department or agency
referenced in subsection (a) or designated by the Board,
which has a statutorily created privacy officer, such officer
shall perform the functions specified in subsection (a) with
respect to privacy.
(2) Civil liberties officers.--In any department or agency
referenced in subsection (a) or designated by the Board,
which has a statutorily created civil liberties officer, such
officer shall perform the functions specified in subsection
(a) with respect to civil liberties.
(c) Supervision and Coordination.--Each privacy or civil
liberties officer described in subsection (a) or (b) shall--
(1) report directly to the department or agency head; and
(2) coordinate their activities with the Inspector General
of the agency to avoid duplication of effort.
(d) Agency Cooperation.--Each department or agency head
shall ensure that each privacy and civil liberties officer--
(1) has the information and material necessary to fulfill
the officer's functions;
(2) is advised of proposed policy changes;
(3) is consulted by decision makers; and
(4) is given access to material and personnel the officer
determines to be necessary to carry out the officer's
functions.
(e) Periodic Reports.--
(1) In general.--The privacy and civil liberties officers
of each department or agency referenced or designated under
subsection (a) shall periodically, but not less than
quarterly, submit a report on the officers' activities to
Congress, the department or agency head, and the Privacy and
Civil Liberties Oversight Board.
(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
officer's functions, including--
(A) information on the number and types of reviews
undertaken;
(B) the type of advice provided and the response given to
such advice;
(C) the number and nature of the complaints received by the
agency for alleged violations; and
(D) a summary of the disposition of such complaints, the
reviews and inquiries conducted, and the impact of the
officer's activities.
The CHAIRMAN pro tempore. Pursuant to House Resolution 827, the
gentleman from New Jersey (Mr. Menendez) and a Member opposed each will
control 30 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Menendez).
Mr. MENENDEZ. Mr. Chairman, I yield myself 5\1/2\ minutes.
Mr. Chairman, in my district on September 11, 122 of our friends and
neighbors never returned home from work, never returned to their
families. The smoking ruins of the Twin Towers were visible for all of
my community to see and, to this day, their absence is still felt every
time we look across the Hudson River and see the void where the Towers
once stood. So the events of that day are very personal to us. We are
reminded of them always.
This debate is the most important debate that will be held during the
entire 108th Congress: how do we respond to the unanimous, bipartisan
recommendations of the 9/11 Commission in protecting this Nation and
helping prevent future terrorist attacks from occurring?
Over 3 years after that fateful September 11 day, my amendment is
based upon the work of the 9/11 Commission and an inquiry that spanned
20 months, 19 days of hearings, 160 witnesses, the review of 2.5
million documents, and interviews of more than 1,200 individuals in 10
countries. The new structure proposed in this amendment is based upon a
rock-solid foundation of inquiry and information.
Under Governor Kean and Congressman Hamilton, the bipartisan
Commission unanimously made 41 recommendations to strengthen our
country against terrorists. Those recommendations were for sweeping
changes to our government, our intelligence community, and to how
oversight is provided by Congress. The two they have called the most
urgent; that is, the most time-sensitive to act on: a strong National
Intelligence Director, and a National Counterterrorism Center, form the
centerpiece of the Menendez substitute we consider here today. That is
why the 9/11 Commissioners and organizations that represent the 9/11
families such as the family steering committee for the 9/11 Commission
all support the McCain-Lieberman-Collins combination legislation that
this substitute embodies.
The gentleman from Connecticut (Mr. Shays) and other Republicans
wrote asking that the Shays-Maloney amendment be made in order. The
Committee on Rules, I would argue, did so by making the Menendez
substitute in order. And, after a 96-to-2 vote yesterday in the Senate
on legislation very substantively as this substitute, the principles
and provisions of this amendment are also supported by both Senate
Republicans and Senate and House Democrats.
Unfortunately, the House Republican bill, H.R. 10, leaves out many of
the bipartisan recommendations of the 9/11 Commission. In fact, out of
the 41 recommendations, it appears that only 11 are implemented, 15 are
not implemented at all, and 15 others are done so incompletely.
H.R. 10 also includes provisions that are unrelated to the bill's
stated purpose: reorganizing the intelligence community and
strengthening the Nation against terrorist attacks. In doing so, over
50 extraneous provisions were included that go well beyond the
Commission's recommendations.
Like the 9/11 Commission's recommendations, the Menendez substitute
creates a strong national intelligence director with real budgetary
[[Page H8834]]
and personnel authority. Unfortunately, the House Republican bill
creates a weak NID with no budget authority and limited personnel
authority.
Like the 9/11 Commission's recommendations, the Menendez substitute
creates a strong National Counterterrorism Center headed by a strong
director appointed by the President, confirmed by the Senate.
Unfortunately, the House Republican bill creates a weak NCTC without a
presidentially-appointed director.
Like the 9/11 Commission's recommendations, the Menendez substitute
strengthens the nonproliferation programs that keep nuclear material
out of the hands of terrorists. Unfortunately, the Republican bill only
calls for a study into the matter.
Like the 9/11 Commission's recommendations, the Menendez substitute
requires vulnerability assessments and security plans for our critical
infrastructure, including our ports, chemical plants, and public
transportation systems. Unfortunately, the House Republican bill makes
no effort to address these issues.
Like the 9/11 Commission recommendations, the Menendez substitute
authorizes new money to protect the United States by taking real action
to secure the peace in Afghanistan, the home of the Taliban, al Qaeda,
and Osama bin Laden. Unfortunately, the House Republican bill only asks
for new reports.
My constituents and all Americans expect us to do everything we can
to defeat terrorism, not to do a third of what is necessary or half of
what is necessary or even three-quarters of what is necessary. We need
to use, we have a responsibility to use every tool we have.
The facts are clear. Our proposal implements the Commission's
recommendations. The Republican bill implements only 11 of the
recommendations in full, partially implementing another 15. That is
just not good enough. America needs a complete and total strategy to
fight this enemy, not a partial one like the Republican bill gives us.
America requires and deserves better than that, and that is why I ask
my colleagues to support the Menendez substitute and the 9/11
Commission's report.
Mr. Chairman, I reserve the balance of my time.
Mr. HOEKSTRA. Mr. Chairman, I rise in strong opposition to the
Menendez substitute.
The CHAIRMAN pro tempore. The gentleman from Michigan (Mr. Hoekstra)
is recognized to control 30 minutes.
Mr. HOEKSTRA. Mr. Chairman, I yield 2\1/2\ minutes to the gentleman
from Illinois (Mr. Hyde).
Mr. HYDE. Mr. Chairman, while there may be some provisions in the
Menendez substitute that are worthy of discussion during conference, I
still rise in opposition to his amendment.
Our review of the Commission's report was performed with a
seriousness and a deliberation that is worthy of the subject and the
task. The preparatory effort included full committee hearings, scores
of briefings by the administration and others on the range of issues,
the input of many experts, and days and weeks of effort devoted to
gathering the requisite information. From this, we developed what we
believe are measures necessary to give form and meaning to the often
diaphanous wording of each of the Commission's recommendations that
fell within our committee's jurisdiction.
The Menendez substitute offers little more than a mere restatement of
the Commission's recommendations, and the unspoken premise that
difficult problems can be easily solved by the simple expedient of
throwing money at them. We have no shortage of examples of government
programs where this approach not only failed, but actually rendered our
problems worse. Here, the greatest danger stems from the complacency
that will result from our merely having increased spending while
congratulating ourselves for having taken swift action.
Instead, as authors of H.R. 10, we crafted practical solutions to
fulfill the recommendations. We took abstract report recommendations
such as, ``offer an example of moral leadership, commit to treat people
humanely, abide by the rule of law,'' and we made them concrete.
Taken in its totality, H.R. 10 is a far superior product because it
reflects the concerted and consolidated efforts of several committees
and lays out direct, specific policy guidance on how to confront these
evils.
The Senate may have voted to pass a similar measure to the Menendez
substitute, but this is our chance to vote for something better, more
concrete.
I urge a no vote on the Menendez substitute amendment.
Mr. MENENDEZ. Mr. Chairman, I yield 1 minute to the gentlewoman from
California (Ms. Pelosi), the distinguished Democratic leader of the
House of Representatives.
Ms. PELOSI. Mr. Chairman, I thank the gentleman from New Jersey for
yielding me this time, and for his extraordinary leadership in bringing
this substitute to the floor.
Mr. Chairman, the credentials of the gentleman from New Jersey (Mr.
Menendez) are unsurpassed in this body. In the previous Congress,
following the 9/11 attack, and even before that, he served as the Chair
of the Homeland Security Task Force for the House Democrats. He serves
on the Committee on Transportation and Infrastructure, and he serves on
the Committee on International Relations, in senior positions on both
committees. So when we speak about protecting our homeland, our
waterways, our ports, our rivers, our whatever, he knows of what he
speaks. And when he talks about taking the fight against terrorism into
Afghanistan and other diplomatic initiatives, sitting on the Committee
on International Relations, he knows of what he speaks.
But perhaps the saddest, let us say the saddest learning experience
he has had in this regard was the loss of over 100 of his constituents
on September 11, 2001. So it is with great pride, I say to the
gentleman, that I rise to support the gentleman's substitute. It is an
informed substitute, it is based on bipartisanship, the bipartisanship
of the Commission and the bipartisanship of the Senate, as it is a
reflection of two of the bills that were put together in the Senate.
Following 9/11, Mr. Chairman, the Congress called for a joint inquiry
of what happened then.
{time} 2200
As a ranking member on the Permanent Select Committee on
Intelligence, at the time I served as a co-chair of that, and before we
started our proceedings, our inquiry, which was conducted in a
bipartisan manner, for most of the time, but before we began, we said
that we must have a moment of silence before we began. It was both a
deeply felt approach to it because we all wanted to pray for the
families who had been harmed, who had lost their loved ones in 9/11;
but also it represented the inadequacy of any words that we could ever
have to express sympathy or condolence to those families. No words
could possibly be adequate.
We resolved as we proceeded that we were on hallowed grounds.
Anything to do with 9/11 was hallowed grounds. There was no place there
for partisan politics. There was only room there for the U.S. to honor
the memory of those who lost their lives; to pledge to the families
that we would find the terrorists and bring them to justice who were
responsible for this heinous crime; to make sure that we protected the
American people so that acts of terrorism would not occur in this
country; and to give comfort to those families that we were doing
everything possible to achieve those goals.
The work that we did on that committee was largely ignored, and many
of us thought that there should be an independent commission to bring
fresh eyes to the challenges that we faced with a broader mandate;
hence, the 9/11 commission was born. And the members of that commission
understood that there was no place for partisanship on that hallowed
ground that they now occupied, and they knew the responsibility that
they undertook. The commission was reviewing the failures associated
with 9/11 and suggesting ways to correct them.
Under the leadership of Chairman Kean and Vice Chairman Hamilton, the
commission acted in a very bipartisan and thoughtful way to accomplish
its assignment. By persistence, dedication, and an unshakable belief in
the importance of its task, the commission overcame every obstacle, and
on July 22
[[Page H8835]]
provided us with a unanimous bipartisan blue print for action. Our
entire Nation is in their debt.
The 9/11 families and the commission then looked to Congress to enact
their recommendations into law. The 9/11 families had reason to be
proud that their advocacy was effective, when last night the Senate
adopted by 96 to 2 a bipartisan bill that meets the challenge for
reform laid down by the commission and needed by our country.
We have an opportunity to do the same thing by adopting the
substitute advanced by the gentleman from New Jersey (Mr. Menendez)
whose district like so many others across our country bore such pain
and sorrow on September 11. The Menendez substitute is a merger of the
legislation introduced on September 7 by Senator McCain and Senator
Lieberman and the bill authored by Senator Collins and Senator
Lieberman that was reported by the Senate Government Affairs Committee.
These bills were endorsed by the 9/11 Commission and by the 9/11
families groups as being faithful to the commission's recommendation,
and they were bipartisan from day one.
The Republican leadership bill, H.R. 10, on the other hand,
implements fully only 25 percent of the commission's recommendations as
opposed to the Menendez bill which is a reflection of the commission's
recommendations. Having waited for more than 3 years to take action,
why would the House want to adopt a bill which falls so short of the
reforms identified as urgently necessary and adopted unanimously by the
bipartisan commission and by the Senate?
Our country has tremendous unmet needs in the area of homeland
security. Securing nuclear materials overseas before they fall into the
hands of the terrorists and could do us harm; improving security on our
airports, our ports, and our rail lines; ensuring that our first
responders can communicate effectively in real time; and protecting our
critical infrastructure have not been given the priorities they deserve
in H.R. 10. We are not as safe as we could be.
Our first responsibility as elected officials is to protect the
American people. Making the right choices on legislation to implement
the 9/11 Commission recommendations is one of the ways that we can meet
that responsibility. The right choice today is the Menendez substitute
that will bring us closest to the bill adopted 96 to 2 in the Senate,
facilitate a rapid conference, and enable legislation to be signed by
the President quickly.
Mr. Chairman, on September 11, 2001, the United States was the
victim, as we all know, of some of the most horrific attacks in our
history. Today is 1,121 days later. This House is finally being given
the opportunity to consider a comprehensive legislative response to
those attacks. It took over 3 years.
When the 9/11 Commission issued its report on July 22, it did so with
a sense of urgency. Having delayed so long in taking action, it is
critical that we get it right and that we get it right now. A vote for
the Menendez substitute will honor the work of the commission, will
respect the wishes of the families, and will make the American people
safer.
I urge my colleagues to support the Menendez substitute.
Mr. HOEKSTRA. Mr. Chairman, I yield 3 minutes to the gentleman from
Missouri (Mr. Blunt), the distinguished majority whip.
Mr. BLUNT. Mr. Chairman, I thank the chairman for his hard work.
Having participated as our committees worked hard through August and
September to produce the bipartisan composites and component of H.R.
10, I rise today in strong opposition to the Menendez amendment. We
have considered the ideas contained in the gentleman's amendment, the
gentleman's substitute, and rejected them. The amendment goes too far
in some areas and not far enough in others.
The Menendez amendment seeks to declassify the U.S. intelligence
budget. This action will have a very specific impact on our national
security. It will guarantee that Americans will be more vulnerable. It
simply is not logical to think that providing the terrorists with
information about our intelligence priorities will make anyone safer.
In fact, the impact would be just the opposite.
Today our adversaries spend a great deal of resources and time and
devote vast amounts of their efforts trying to estimate just how much
Americans spend on intelligence activities. Why should we want to hand
our Nation's classifieds information, its most important security blue
print, to the very people that we fight to keep it from?
This substitute ignores the 9/11 Commission's call to secure our
borders. Does anyone believe America will be safer if the government
does not require secure documents for people crossing our borders? Are
we safer with a bill that does not provide any additional resources for
our overtaxed border patrol? Are we safer with a bill that allows
foreign terrorists, murderers, rapists, and kidnappers to abuse the
antiquated laws and be released into our community?
Under this bill, if people come to this country we know they have
committed crimes in other countries but they have not committed them
here. We do not want to send them back to those other countries because
we are prohibited from doing that; we have to simply let them wander
around in the United States. That cannot be the best results for a
secure America.
Those provisions, the security of our borders, protects all who live
within our borders, those who are born here, those who sought America
out searching for a better life for themselves and their families. If
we want real security and real reform, we need to oppose this
substitute and move this bill forward to get this job done.
Mr. MENENDEZ. Mr. Chairman, I yield myself 30 seconds.
Our substitute does exactly what the 9/11 commission said was
necessary to secure the borders of the United States, and all of this
fear-mongering to suggest that the substitute would permit foreign
terrorists to be allowed to stay does a disservice both to the
commission and to those who have worked so hard to bring this type of
legislation to the floor. Secondly, the question about throwing money
around is not an issue. When you have no money for nonproliferation,
when you have no money for homeland security, when you do not deal with
any of the commission's report language as it relates to money, you are
failing the American people.
Mr. Chairman, I yield 2 minutes to the gentlewoman from California
(Ms. Harman), the distinguished ranking Democrat on the Permanent
Select Committee on Intelligence who has done so much work even prior
to the commission's report.
Ms. HARMAN. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, a number of speakers have commented on the courage and
sacrifice of intelligence community personnel who work in the shadows
in austere lands. As we debate this bill, their lives are at risk and
we owe them and their families our heartfelt thanks and total support.
We also owe them better tools, including an organization that equips
them to meet 21st-century threats. We are using a 1947 business model
designed to defeat an enemy that no longer exists.
It is time, Mr. Chairman, way past time for change. And this debate
needs to focus on what change will truly help our intelligence
community transition to the capabilities necessary to meet 21st-century
threats.
When you think about that, and you compare H.R. 10 to the Menendez
substitute, a substitute which is battle-tested, which passed the other
body 96 to 2 just last night with every single Republican voting for
it, there is absolutely no contest. The Menendez substitute is much
stronger, much better, and much more bipartisan than H.R. 10.
The accusations made against the Menendez substitute can all be
rebutted, and we will do that tonight. It does a better job of
controlling our borders. It does a better job of protecting the civil
liberties of Americans. It does a better job of targeting terrorists
while protecting the rights of innocent immigrants.
I urge strong support for the Menendez substitute and would hope that
H.R. 10 will be viewed as the partisan offering that it sadly is.
Mr. HOEKSTRA. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Hunter), a strong partner in developing H.R. 10, an
individual who fully understands that this bill needs to protect our
war fighters and be able to provide the strategic information to our
policymakers.
[[Page H8836]]
Mr. HUNTER. Mr. Chairman, if you have friends or relatives or just
people you care about who wear the uniform of the United States who are
in war fighting in Iraq and Afghanistan, and they are going out on a
mission tonight or tomorrow and there are communications that affect
that mission, directions from headquarters, plans, operations, those
will probably go through your communications.
Now, these assurances of those secure communications reside in a
little shop that is in what is known as the National Signals Agency.
That is one of the agencies that Mr. Menendez's amendment would pull
away from the Department of Defense. Now, that agency right now is
responsible to the Secretary of Defense, to the uniformed personnel who
run those military operations, whose people have their lives on the
line and depend on those communications.
Can you imagine a military operation where the people that are
running the operation, that is the U.S. military, do not have the
resourcing and the control over their own communications line?
I remember one of the arguments that is going on right now is who
shot down Yamamoto, and we still have an argument over which American
pilot shot him down after we had broken their code and sent out a squad
of aircraft to shoot down the leader of the Japanese Navy. That is
because we broke their communications.
The security of communications is important as having a weapon that
works. And inadvertently, Mr. Menendez's amendment pulls away and they
probably do not even know this, so you cannot blame the gentleman from
New Jersey (Mr. Menendez) because he copied probably what somebody else
in the other body put down, and they did not realize what they were
doing. They have pulled away by definition from the Department of
Defense and the uniformed people who serve this country the control
over their own communication and the resourcing of their own
communications. They pull that away in their bill.
Now, interestingly, the 9/11 reports says do not do that. It only has
one small paragraph on that. I am turning to page 412. It says, ``The
Department of Defense military intelligence programs, the joint
military intelligence programs and the tactical intelligence programs
will remain parts of the Department of Defense's responsibilities.''
{time} 2215
That is one tiny paragraph, and yet because they missed that and they
pulled this particular function away from the people that wear the
uniform, they have committed a deadly mistake.
This amendment is full of deadly mistakes, deadly mistakes that the
author does not even know about because he simply copied what somebody
else put down.
Let me finally say, Mr. Chairman, that what we have serves this great
partnership of the people that wear the uniform and the CIA. Let us
maintain that partnership. Let us pass this bill without the amendment.
Mr. MENENDEZ. Mr. Chairman, I yield myself 15 seconds.
A deadly mistake is the number of recommendations the 9/11 Commission
put forth that are not included in H.R. 10, and as it relates to
declassifying the top line budget, that vote was 55 to 37 in the
Senate, with people like John McCain, Chuck Hagel and Trent Lott voting
for it. I do not think they want to risk the danger of American troops.
So I think that makes imminent sense that people like that support that
amendment.
Mr. Chairman, I am pleased to yield 2 minutes to the gentleman from
California (Mr. Waxman), the distinguished ranking Democrat on the
Committee on Government Reform.
Mr. WAXMAN. Mr. Chairman, I rise in strong support of the substitute
amendment offered by the gentleman from New Jersey (Mr. Menendez).
The Republican bill is fundamentally flawed. There are 41
recommendations made by the 9/11 Commission, but the Republican bill
implements only 11. Instead of implementing the 9/11 Commission
recommendations, the Republican bill includes 50 extraneous provisions,
many of them poison pills.
There is a better way and it is this substitute. The substitute is
bipartisan. It implements all of the recommendations made by the 9/11
Commission, not just 11 of the 41 recommendations, and it includes no
poison pills.
I want to point out to my colleagues, the substitute has the support
of the 9/11 Commission and the family steering committee of the victims
from 9/11. It has the support of Senate Republicans, Senate Democrats,
House Democrats and President Bush.
As we consider this legislation, let us remember the loss of the
families of the 9/11 victims. These family members have found strength
through their terrible losses. We have a moral obligation to pass
legislation that honors the sacrifices that they have made. That is why
we need to pass the substitute.
But Members who are watching and the public who are paying attention
to this issue may want to take note of the fact that when Congress
voted to set up the September 11 Commission, so far all of the
Republicans that have talked against the Menendez substitute, not a
single one of them voted for the Commission in the first place. A
number of them, the gentleman from Michigan (Mr. Hoekstra), the
gentleman from California (Mr. Hunter), the gentleman from Illinois
(Mr. Hyde) voted against setting up the Commission.
Well, Congress voted to set up that Commission. They worked hard, and
they unanimously recommended we adopt what is the Menendez substitute.
Mr. HOEKSTRA. Mr. Chairman, I yield 30 seconds to the gentleman from
California (Mr. Hunter).
Mr. HUNTER. Mr. Chairman, I just wanted to go through a few more of
the deadly mistakes that the Menendez substitute does in contravention
of what the Commission said.
They take away from the military, military communications. They take
away intelligence information on an adversary's communication. They
take away defense cryptology. They take away warnings of impending
military action against U.S. interests. They take away joint
operational planning and execution. All because they ignored those
particular teams that are hosted by the National Signals Agency. That
was crayon legislation.
Mr. HOEKSTRA. Mr. Chairman, I yield 4 minutes to the gentleman
Florida (Mr. Young).
Mr. YOUNG of Florida. Mr. Chairman, it is a great opportunity to
engage in this very important discussion. Because I intended to be part
of this debate this evening, I looked through the Constitution again
this afternoon, as I do from time to time, and I learned once again
that the Constitution says that the Congress shall raise the armies and
the navies and provide for the Nation's security.
The Members of this Congress that have put together H.R. 10 have
spent their careers in Congress working on issues of importance to our
Nation's security and in the creation of the most effective military
and security operation in the entire world. We have the best military
in the entire world, and the very people who are responsible for making
that happen also are the creators of H.R. 10. I am proud to have been a
part of that work, and they worked hard, many days and many nights.
While I am speaking of the Constitution, the Menendez amendment, in
my opinion, yields the constitutional requirement of the Congress,
yields it, to the 9/11 Commission. The 9/11 Commission, they worked
hard, but I checked the Constitution. I did not find anything in the
Constitution about the 9/11 Commission.
One of the issues that concerns me seriously in the Menendez
amendment is the decision to have the authorizers also be the
appropriators. The chairman of the House Permanent Select Committee on
Intelligence said he does not want that, and there is a good reason for
that. This has been tried before where authorizers would actually be
the appropriators.
The reason we have the two different organizations is simply this.
The authorizers set the policy. They determine what will be the policy
of the United States of America and whatever the issue is. The
appropriators deal with the budgetary aspects of that work. We know
that the budgetary, the appropriations business must be completed or
the agencies shut down. The policy workers can go on and on for months,
even years beyond their allotted time and still not have an adverse
affect on the operation of this great Nation.
[[Page H8837]]
What concerns me is that if we give the authorizing committees also
appropriating responsibilities they will, of necessity, spend most of
their time dealing with the appropriations, the budgetary aspects, and
leaving the policy-making to wan.
This is not a good idea to pass this Menendez amendment, and I
realize he worked hard and I realize that he is promoting basically
what the 9/11 Commission has recommended. But we were elected to
function under the Constitution, to provide for the security of this
Nation. I would say to my colleagues, as much respect as I have for the
members of the 9/11 Commission and as hard as they worked to come up
with some ideas that were actually pretty good, they are not the
depository of all wisdom when it comes to providing for the security of
our Nation.
As I said, those who were involved in the creation of H.R. 10 have
spent a career in this Congress creating and providing for the most
effective, the best military operation in the entire world, the best
that the world has ever seen.
So I ask for a ``no'' vote on the Menendez amendment and a strong
``yes'' vote for H.R. 10.
Mr. MENENDEZ. Mr. Chairman, I would like to ask the Chair how much
time remains on both sides.
The CHAIRMAN pro tempore (Mr. Nethercutt). The gentleman from New
Jersey (Mr. Menendez) has 19 minutes remaining. The gentleman from
Michigan (Mr. Hoekstra) has 17 minutes remaining.
Mr. MENENDEZ. Mr. Chairman, I yield 25 seconds to the gentlewoman
from California (Ms. Harman).
Ms. HARMAN. Mr. Chairman, in response to two of the claims just made,
number one, the defense communications budget and the defense
information security budget are not part of the National Foreign
Intelligence program. Only the NFIB will be managed by the NID, as it
is today by the DCI. So those budgets will not be covered.
Secondly, the Menendez substitute does not address the reorganization
of Congress. It does not collapse the appropriations authority into the
authorizing committee. That does not happen under this substitute.
Mr. MENENDEZ. Mr. Chairman, I yield 2 minutes to the gentleman from
Texas (Mr. Turner), the distinguished ranking Democrat on the Select
Committee on Homeland Security.
Mr. TURNER of Texas. Mr. Chairman, I thank the gentleman for yielding
me time.
The 9/11 Commission said very clearly that to win the war on terror,
we had to pursue three strategies simultaneously. We had to go after
the terrorists more aggressively; we have to protect the homeland; and
thirdly, we have to prevent the rise of future terrorists. Any
legislation that purports to deal with the 9/11 Commission
recommendations must have meaningful provisions in all three of these
areas.
The 9/11 Commission had 41 recommendations. If we look at H.R. 10, 15
of the recommendations of the Commission are not implemented at all.
Fifteen of the recommendations of the Commission in H.R. 10 are dealt
with only partially. Eleven of the recommendations are implemented in
H.R. 10.
The truth of the matter is some of the most critical elements for our
security are not dealt with in H.R. 10. We did more to dismantle and to
put into control loose nuke material in the 2 years prior to 9/11 than
we have in the 2 years since 9/11. Our bill, the Menendez substitute,
deals meaningfully with trying to control loose nuclear material.
H.R. 10 simply says we are going to study it. We have studied it to
death. If the greatest threat to our security is a nuclear weapon in
the hands of terrorists, one would think that H.R. 10 would deal
meaningfully with that threat.
H.R. 10 does not deal with the critical issue of information sharing.
We need to be able to know that a border patrol inspector or a law
enforcement officer, when they have a suspected terrorist in front of
them, they have access in real-time to all the government databases
that share intelligence and have intelligence relating to terrorists.
We know we need to involve the private sector. Eighty-five percent of
all infrastructure is in private hands, and yet H.R. 10 does not deal
with a private sector preparedness program. That is dealt with in the
Menendez substitute.
The truth of the matter, Mr. Chairman, is that we have got to do
better. We have got to be stronger than we are in H.R. 10, and I urge
the adoption of the Menendez substitute.
Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may
consume.
When a bill is cobbled together at the last minute, sometimes even
the authors do not know what is in it. I advise my colleagues to take a
look at section 502 that talks of reorganization of congressional
jurisdiction. It is part of the bill, page 145.
Mr. Chairman, I yield 2 minutes to the gentleman from Virginia (Mr.
Tom Davis), an expert on government reorganization, the chairman of the
Committee on Government Reform.
Mr. TOM DAVIS of Virginia. Mr. Chairman, I want to join my colleagues
in strong opposition to the Menendez amendment. Quite simply, the
substitute provides fewer safeguards against another 9/11. Rather than
participating in the legislative process by offering constructive
amendments during the House debate, the minority has unfortunately
chosen to simply cobble together various provisions from H.R. 10 and
various incarnations of Senate legislation and repackage them as the
Democratic position on homeland security. The resulting package is a
scattered jumble of proposals that do not fit into cohesive strategy
for protecting the homeland.
On the issue of driver's license security, for example. Two
conflicting deadlines for compliance by the States are established: the
first deadline being 2 years from the promulgation of minimum
standards; the second deadline is to be established by the Secretary of
Homeland Security.
In contrast, the language of H.R. 10 is strong and clear, exactly
what this landmark legislation needs.
Additionally, the Menendez amendment is replete with the kind of
layered bureaucracy we took great pains to avoid in H.R. 10. Our aim
was a nimble, flexible, flat structure that could improve intelligence
gathering and analysis. The substitute amendment, by contrast, is
loaded with a chief information officer, a chief human capital officer,
a chief financial officer, an out-of-control Inspector General, a
comptroller, an ombudsman, multiple privacy officers, and a civil
liberties board with unlimited subpoena power. Our bill is about better
government. The substitute is about bigger government.
Equally troubling to our committee in particular is the fact that
such basic necessities as personnel and acquisition authorities have
been scattered throughout the amendment with different and conflicting
authorities being haphazardly assigned to different officials within
the NID. Our committee specializes in agency organizational matters.
That is what we do day in and day out. The substitute's organizational
structure is no way to set up a new entity, and I urge opposition to
the Menendez amendment.
{time} 2230
Mr. MENENDEZ. Mr. Chairman, I yield myself 10 seconds.
Fewer safeguards to protect America than the unanimous bipartisan
recommendations of the 9/11 Commission? That is outrageous. Are we
saying the bipartisan 9/11 Commission, with a unanimous vote of 51
Republican Senators and 96 Senators actually voted to reduce the
safeguards to America? I do not think so.
Mr. Chairman, I yield 2 minutes to the gentleman from Missouri (Mr.
Skelton), someone who fought for his country, someone who has enormous
experience in the national security and defense of the United States,
and who is the ranking Democrat on the Committee on Armed Services.
Mr. SKELTON. Mr. Chairman, I thank the gentleman for yielding me this
time. Let us put some common sense into this piece of legislation, if
we may.
You are about to see an attempt to mix oil and water legislatively.
We see that the Senate passed 96 to 2 the recommendations of the
Commission, the 9/11 Commission. The White House recommended and urged
such a passage. The family victims organization of 9/11 has recommended
that. And we see in this H.R. 10 a diversion from the only hearing that
we had, which was by the chairman and vice chairman of the 9/11
Commission, and I thought they explained their situation well.
[[Page H8838]]
I would like to read from a statement of administration policy from
the Executive Office of the President. Three pages of concerns
regarding the base bill that we have, H.R. 10. And in those three pages
of concern it says ``The administration is concerned that H.R. 10 does
not provide the National Intelligence Director sufficient authorities
to manage the intelligence community effectively.''
I thought we had a sense of urgency about this. As a result of the 9/
11 Commission and recommendations, a sense of urgency had come over our
Congress, I thought; over our country, I thought. And yet we see this
bill, should it pass, H.R. 10, should it pass, you will see it mixed in
conference with the Senate like oil and water. And I predict this will
very well end up in the legislative graveyard, sadly.
Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may
consume.
It was stated earlier that the President supports the Menendez
amendment. That is inaccurate. The administration supports House
passage of H.R. 10.
Mr. Chairman, I yield 3 minutes to the gentleman from California (Mr.
Lewis), another individual who gets his facts right.
Mr. LEWIS of California. Mr. Chairman, regretfully, I rise in very
strong opposition to the Menendez amendment, for this substitute does
not reflect the real word that we must deal with when we are trying to
make certain that our intelligence activities positively affect our men
and women who have their lives threatened overseas.
The Menendez amendment is similar to H.R. 10, but includes a number
of provisions that are unacceptable or at least should be to this
House. Probably one of the most troubling aspects of the amendment
before us is the provision that would call for the disclosure of the
aggregate level of funding provided to the intelligence community.
Mr. Chairman, I would ask my colleague, the gentleman from New Jersey
(Mr. Menendez), to please tell us what the logic is behind disclosing
to our enemies the top line of our intelligence budget? I am not
worried about what the Senate may say or suggest, I am not sure they
thought through what this might mean. But what is the logic behind our
disclosing to our enemies the top line of our intelligence work? Who
can it serve in terms of America's interests to disclose those top
lines?
The September 28, 20004, statement of administrative policy states
clearly that ``legislation should not compel disclosure, including the
Nation's enemies in war, of the amounts requested by the President and
provided by the Congress for the conduct of the Nation's intelligence
activities.''
H.R. 10 retains a classified intelligence budget. It is absolutely in
the American interest, our public interest, our military interest to
make certain that those top lines are not disclosed. If the gentleman
would not depend upon the Senate, I would like to hear the gentleman's
logic behind disclosure of those top lines. Indeed, it is fundamental
to the future security of our troops to make certain our intelligence
programs are kept within the interest of those troops who are defending
us overseas.
If the gentleman would like to respond specifically to that, perhaps
I could understand better why he would take these steps.
Mr. MENENDEZ. Mr. Chairman, will the gentleman yield?
Mr. LEWIS of California. I yield to the gentleman from New Jersey.
Mr. MENENDEZ. First, in 1997 and 1998, we disclosed the top line and
we did not risk the national security of the United States.
Mr. LEWIS of California. Who did?
Mr. MENENDEZ. The American people have the right to know how much
that collective amount is. It does not tell us where we divide that
money, covert, overt, and for what other purposes.
And I would say that the other body overwhelmingly voted for the
disclosure.
Mr. LEWIS of California. Mr. Chairman, reclaiming my time, I asked
the gentleman who disclosed the amount?
Mr. MENENDEZ. In 1997 and 1998.
Mr. LEWIS of California. But who disclosed the amount?
Mr. MENENDEZ. The other body just voted that.
Mr. LEWIS of California. Reclaiming my time once again, Mr. Chairman,
I am not certain the gentleman has been in the intelligence rooms. If
he has disclosed that, then he is in violation of the rules.
Mr. MENENDEZ. Mr. Chairman, I yield myself 1 minute.
As a trial attorney, I know what to do when you do not have the facts
and the law on your side. You bang on the table and try to create
confusion. That is what the other side is trying to do here because
they have left us less secure in H.R. 10.
We heard a lot about flip-flopping lately. Well, the administration
put out a statement of policy saying the administration supports the
Collins-Lieberman bill, and went on specifically to say that they would
oppose weakening the NID, exactly what H.R. 10 does.
My colleagues are going against what the President wants. Now the
President comes out, after he supports the Senate version, and says,
well, I support H.R. 10, but then he has three pages of exceptions to
H.R. 10 that he does not like in your bill and thinks that you make
America less secure by virtue of what is in the bill.
So you cannot have it every which way. Either the President is for
the 9/11 Commission or he is not. Either he is for McCain-Collins-
Lieberman or he is not.
Mr. Chairman, I yield 3 minutes to the distinguished gentlewoman from
New York (Mrs. Maloney), who has worked tirelessly on the task force on
Homeland Security for House Democrats and worked with the gentleman
from Connecticut (Mr. Shays) on what, in essence, is the Menendez
proposal.
Mrs. MALONEY. Mr. Chairman, I rise in strong support of the
bipartisan substitute. This substitute is identical to the substitute
that the gentleman from Connecticut (Mr. Shays) and I offered but was
not made in order. This substitute is almost identical to the bill that
passed the Senate yesterday with a strong vote of 96 to 2. All 51
Republicans voted yes to bringing overdue reform to our intelligence
network.
Right after 9/11, this body came together and we worked together as
Americans, not as partisans. We need to come together again tonight and
pass the bipartisan 9/11 Commission substitute, a bill we could have on
the President's desk tomorrow.
Unlike the underlying bill, this substitute adopts all of the
recommendations and nothing else, and that is why the bipartisan
substitute has the support of the 9/11 Commission, the 9/11 Family
Steering Committee members, and editorial boards across this Nation.
They have written in favor of the Collins-Lieberman bill, upon which
the substitute is based, and against the House leadership's
controversial bill, which is strikingly different from the 9/11
Commission report on many key points.
Mr. Chairman, the President of the United States agrees. Just tonight
the White House released a statement on this bill, and they said, and I
quote, ``the National Intelligence Director should have full budget
authority.'' The substitute does give full budget authority. H.R. 10
does not.
The administration also strongly opposes the, and I quote ``overbroad
expansion of expedited removal authorities.'' The administration has
concerns with the overbroad alien identification standards proposed by
the bill, and I quote, ``that are unrelated to security concerns.'' The
administration strongly opposes section 3032, the so-called outsourcing
of torture provision. And it goes on and on. They are opposed to Title
V, inconsistent with President's constitutional authority.
In fact, H.R. 10 is so problematic that the White House ran out of
room talking about provisions they did not like. They ended their
letter by saying, and I quote, ``Finally, the administration has
concerns with a number of other provisions in this bill.''
So, my colleagues, the choice is clear. Pass a bill that even makes
the White House queasy, or pass the substitute that enacts the
recommendations of the 9/11 Commission.
Mr. Chairman, the 9/11 families wrote, ``We believe the 9/11
substitute is the best choice for certain and quick legislation to make
our country safe. We respectfully ask you to put politics aside and act
in the best interest of America. Vote for the 9/11 substitute.''
[[Page H8839]]
And on a personal note, my city was attacked, and I urge my
colleagues to support the bipartisan substitute. It will make our
country safer.
Mr. Chairman, I would like to end with the full letter of the 9/11
victims' families, which I will submit for the Record, along with
editorials in support of the bipartisan bill.
Newspapers across the country have editorialized in favor of the
Senate's bipartisan legislation--and against the House Republican
leadership's divisive approach, including the New York Times, the
Washington Post, the Baltimore Sun, the Miami Herald, the Albuquerque
Journal, Milwaukee Journal Sentinel, Orlando Sentinel, and the Rocky
Mountain News.
Here are some selected quotes:
``House Republicans are already trying to turnt this week's debate
into a pre-election brawl aimed more at scoring phony patriotic points
than at passing meaningful laws. . . . Congress cannot escape its duty
to finally repair the institutional failures that left the country so
vulnerable before 9/11 and so wrong before the invasion of Iraq.''--NY
Times, Sep. 27
``The House of Representatives' version of intelligence reform might
be dismissed as an election-year stunt were it not so dangerous. . . .
``Playing politics with intelligence reform should not be worth the
potential damage.''--Washington Post, Oct. 5
``House Speaker Dennis Hastert and Majority Leader Tom DeLay have
been in no rush, yielding, it appears, to the status quo forces in
Washington that stand to lose power and influence if sweeping changes
are adopted.''--Baltimore Sun, Oct. 5
``Instead of focusing on the nuts and bolts of intelligence reform,
legislators are debating wholly extraneous issues that will contribute
little or nothing to making our country safer.''--Miami Herald, Oct. 4
``House Republicans should avoid hanging apple-related riders on
legislation addressing oranges when it comes to implementing
9/11 Commission recommendations.''--Albuquerque Journal, Oct. 2
``Legislative sabotage such as this is hardly unusual in political
Washington, and most of the time the damage is not intolerable. This
time, however, it is.''--Milwaukee Journal Sentinel, Sep. 30
``The House proposal is a weak, partisan plan that perpetuates too
much of the discredited status quo in intelligence--Orlando Sentinel
____
Vote for the 9/11 Substitute
Dear Member of Congress, As 9/11 family members we ask our
Congress to vote in a bipartisan way on the 9/11 substitute,
which most closely follows the core recommendations of the 9/
11 Commission. This substitute is based on the bipartisan
legislation offered in the Senate by Senators Collins,
Lieberman and McCain. It is endorsed by the 9/11 Commission
and the President.
You have a choice today. You can vote for H.R. 10 or the 9/
11 Substitute. We believe the 9/11 substitute is the superior
vehicle for effective change without delay. A vote for the
substitute will quickly send a bill to the President's desk
for signature. The path of H.R. 10 is far less certain.
The 9/11 Families demand a clean, bipartisan bill that is
true to the core recommendations of the 9/11 Commission. We
believe the 9/11 substitute is the best choice for certain
and quick legislation to make our country safe. We
respectively ask you to put politics aside and act in the
best interest of America. Vote for the 9/11 substitute!
The 9/11 Families.
Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may consume
to note that CRS has identified provisions of H.R. 10 that are relevant
or respond to 39 of the 41 recommendations of the 9/11 Commission.
Mr. Chairman, I yield 2 minutes to the gentleman from Illinois (Mr.
LaHood), the distinguished member of the Permanent Select Committee on
Intelligence who spent an enormous amount of time working on these kind
of issues, understanding the issues that face both our troops and our
policymakers in this area.
(Mr. LaHOOD asked and was given permission to revise and extend his
remarks.)
Mr. LaHOOD. Mr. Chairman, I rise in strong opposition to the Menendez
amendment.
Mr. Chairman, I have been on the floor almost all day speaking on the
rule, and speaking during consideration of the bill during general
debate. This amendment seeks to create an information technology
network of immense proportions but without significant resources and no
logical or direct correlation to what actually would be needed to share
information properly.
The amendment overregulates the design of the network, it creates
excessive reporting requirements and truly unrealistic implementation
deadlines. The amendment would also create several layers of new
bureaucracy, which is something that I have been speaking out about all
day.
No more bureaucracy. No more red tape. No more stovepipes. And that
is what this creates. It would create a new bureaucratic advisory and
executive board, which will prevent the rapid creation of a true
information-sharing environment.
The information-sharing provisions of the Menendez amendment will not
achieve the intent of the 9/11 Commission. In fact, they will serve to
confuse and prevent the needed changes. We do not need any more
bureaucracy. We do not need any more stovepipes.
In fairness to the people who work 24-7, in dark places in the world,
this amendment had no consultation with the community, with those that
are charged with the responsibility of collecting and analyzing
information. This amendment is terribly flawed and would create the
kind of stovepipe and bureaucracy the 9/11 Commission railed against.
It would do no good in terms of our ability to really create the kind
of opportunity that is needed to win the war on terror.
{time} 2245
Mr. MENENDEZ. Mr. Chairman, I yield myself 15 seconds to simply say
if the gentleman is concerned about bureaucracy, then he needs to read
the statement of administration policy that says, ``The administration
remains concerned about a series of provisions in H.R. 10 that create
new bureaucratic structures and layers in the office of the NID and
elsewhere that would hinder, not help, the effort to strengthen U.S.
intelligence capabilities.''
Mr. Chairman, I yield 20 seconds to the gentlewoman from California
(Ms. Harman) to deal with some of the questions that have been raised
here.
Ms. HARMAN. I thank the gentleman for yielding me this time.
Mr. Chairman, the gentleman from California (Mr. Lewis) has raised
concerns about providing information to the enemy by declassifying the
top line of the budget. In the 9/11 Commission report it says, ``When
even aggregate categorical numbers remain hidden, it is hard to judge
priorities and foster accountability. The top line figure by itself
provides little insight into U.S. intelligence sources and methods.''
It was passed in the other body 55 to 37, overwhelmingly supported by
Republican Senators.
Mr. MENENDEZ. Mr. Chairman, I yield 1 minute to the distinguished
gentleman from New York (Mr. Engel), a senior member of the Committee
on International Relations.
Mr. ENGEL. I thank the gentleman for yielding me this time.
Mr. Chairman, on 9/11, 2001, my city was attacked. And then a
remarkable thing happened. The 9/11 Commission was formed with five
Democrats and five Republicans, and they unanimously made a series of
recommendations. That showed true bipartisanship. The other body also
showed true bipartisanship when it came up with a bill that was passed
again almost unanimously.
But here, unfortunately, we have not seen bipartisanship. Democrats
have essentially been shut out of the process once again, something
that we have seen too frequently; and this bill before us does not
implement most of the 9/11 Commission recommendations. The Menendez
substitute before us does implement most of the recommendations of the
9/11 Commission. Intelligence should not be a Democratic issue or a
Republican issue, but an American issue.
In the underlying bill, there are some good things in the bill. There
are some troubling things in the bill. But on the whole, the Menendez
substitute is by far the better bill. It is bipartisan, implementing
the 9/11 Commission.
Vote for the Menendez substitute.
Mr. HOEKSTRA. Mr. Chairman, I yield myself such time as I may
consume.
In the rules process, our colleagues on the other side of the aisle
were not shut out. They did not show up. They only offered one
amendment. No other amendments. All their amendments were accepted and
made in order.
Mr. Chairman, I yield 2 minutes to the gentleman from New Jersey (Mr.
Saxton).
[[Page H8840]]
(Mr. SAXTON asked and was given permission to revise and extend his
remarks.)
Mr. SAXTON. Mr. Chairman, let me just respond to a couple of things
that have been said. One of the previous speakers mentioned that we
have a 1947 business model when it comes to our intelligence community.
That may be true for the CIA, it may be true for certain civilian
intelligence-gathering agencies, but it is not true for the military,
the defense intelligence agencies. We had a certain type of
information-gathering system prior to 1990. The Soviet Union went away
and our military intelligence changed because it had to change. The
collection system changed to keep up with the changing threat. The
changing threat today is terrorism and other kinds of threats. Back
then it was a conventional threat carried out by the Soviet Union. Our
military intelligence has changed. It is a modern-day intelligence
collecting system that we are trying our best tonight here to protect.
Secondly, the notion that the top line was disclosed in the past is
completely false. It was never disclosed in the past. We have always
kept secret the amount of money, the resources that we spend on
intelligence collecting. The Menendez amendment discloses this
information which we believe is a tremendous mistake. Further, this is
not the 9/11 Commission report that they are putting forth. The 9/11
Commission report was amended 81 times by the Senate. Eighty-one times.
They criticize us for offering our views after they amended it 81
times.
Mr. Chairman, this is a good bill. It should stand the way it is.
Mr. MENENDEZ. Mr. Chairman, I yield 4 minutes to the distinguished
gentleman from Connecticut (Mr. Shays) who has offered and is embodied
in our substitute, in essence the 9/11 Commission's report.
Mr. SHAYS. I thank the gentleman for yielding me this time.
Mr. Chairman, I have been in public life 30 years, and I was sitting
in my office thinking, I am not sure I want to participate in this
debate because I am seeing people on both sides of the aisle for whom I
have such tremendous respect wrestling with this issue; but it is not a
good feeling on the House floor, and I cannot describe why.
I was hoping that when we were going to debate the recommendations of
the 9/11 Commission that we would have an effort from day one to
include both sides of the aisle. I felt from that process we would have
a bill that we would be proud of. It did not seem to work out that way.
For me, I have chaired the National Security subcommittee now for 6
years. When I took it over in 1998, we began in 1999, we rewrote the
rules so that we would look at terrorism at home and abroad. What we
did is we had 19 hearings before September 11, and we had three
commissions that came before us and all three commissions, the Bremer
Commission, the Hart-Rudman Commission, the Gilmore Commission, they
all said the same thing: we have a serious terrorist threat; we need to
have an assessment of that threat; we need to have a strategy to deal
with it and we need to reorganize our government so that we can
implement the strategy. And we did not really pay attention to it. We
had committees of cognizance that should have been.
Then we had this horrible tragedy and we responded. I think we
responded in the right way. We did not establish the 9/11 Commission
right away. What we did is we just said, Republicans and Democrats,
what do we do about it? While there has been criticism of the PATRIOT
Act, I think it was vital. We reorganized our government and we did it,
I think, ultimately in a bipartisan way. I think we have made our
country safer.
And then, and it made so much sense, what we did is we said, let's
find out what the heck happened. It was very clear. We let down the
American people. I have many constituents who lost loved ones, and I
think every day how sorry I am for our failure in this Chamber. I have
constituents who spoke with their loved ones for an hour trying to help
them get out of a building. We all know those tragedies. But in the end
we had this commission, and this commission was partisan at first and
then when they started to write what happened and they looked and they
described what happened on that day, five Republicans and five
Democrats became one. That is what I was hoping would happen on the
floor tonight, and it is not happening. But I think it will.
I am going to vote for the Menendez amendment because I think it is
truer to the commission's objectives. If it fails, I am going to be
voting to pass out H.R. 10 because I believe that eventually
Republicans and Democrats in this Chamber are going to find common
ground like the Senate found, and I believe the President is going to
have a bill to sign, and I think we are ultimately going to be proud of
the product.
But I support the gentleman's amendment. I appreciate that he has
brought it out. I appreciate that it was made in order because it is
truly more reflective of what the commission suggested. If there are
problems with one aspect of it, like releasing the top line, those are
things that we clearly can deal with in conference. But the way we set
this debate, a major substitute, just an hour, yes, it is going to be
hard to come to a conclusion that any of us are satisfied with.
The commission did their work so well. I am so proud of them. I think
their work was sacred, and I think that we deserve and they deserve to
have this legislation moved forward.
Mr. HOEKSTRA. Mr. Chairman, I yield 1 minute to the gentleman from
Colorado (Mr. Tancredo).
Mr. TANCREDO. Mr. Chairman, the Menendez amendment claims to be
comprehensive in its approach toward border security. Let me read
directly from the commission report:
``It is perhaps obvious to state that terrorists cannot plan and
carry out attacks in the United States if they are unable to enter the
country. Yet prior to September 11, while there were efforts to enhance
border security, no agency of the U.S. Government thought of border
security as a tool in the counterterrorism arsenal. Indeed, even after
19 hijackers demonstrated the relative ease of obtaining a U.S. visa
and gaining admission into the United States, border security is still
not considered a cornerstone of national security policy. We believe
that it must be made one.''
Yet the Menendez amendment is eerily silent on this issue. How can we
possibly suggest that there is any way that we can think of their
amendment as comprehensive in terms of border security and security of
this Nation when it does not address this fundamental idea that was
placed in the 9/11 Commission report?
The only way you can think about this is that it is pandering for
votes in light of the fact that we should actually be thinking about
national security, not thinking about votes.
Mr. HOEKSTRA. Mr. Chairman, I yield 3 minutes to the gentleman from
California (Mr. Cox).
Mr. COX. Mr. Chairman, I thank the gentleman for his excellent work
on this legislation. I would like to speak as the chairman of the
Select Committee on Homeland Security about portions of this
legislation, H.R. 10, with which our committee has been very, very
closely concerned and portions of this substitute which lack those same
elements.
First, the 9/11 Commission in their report recommended that Congress
``should pass legislation to remedy the longstanding indemnification
and liability impediments to the provision of public safety and mutual
aid in the national capital region and, where applicable, throughout
the Nation.'' H.R. 10, the 9/11 Recommendations Implementation Act,
includes these very provisions just as the 9/11 Commission recommended.
We ease the liability problems for first responders crossing
jurisdictional boundaries so they do not need to worry they will be
subject to some other liability regime when they help out in time of
need. The Menendez bill ironically limits this liability relief to the
capital here, but it does not do anything for the rest of the Nation as
the 9/11 Commission recommended. It does not even do anything for the
author's home State of New Jersey. If New Jersey first responders were
to go into New York City and help out, they would not have the
liability relief that the 9/11 Commission recommended that they have.
First responders from across the country have endorsed the first
responder provisions in H.R. 10.
[[Page H8841]]
The commission, the 9/11 Commission, recommended that moneys be
allocated to State and local governments on the basis of threat and on
the basis of risk. That is exactly what H.R. 10 does. But the Menendez
substitute does not require the Secretary of Homeland Security to
prioritize applications on the basis of risk. It does not require
States to prioritize the allocation of their grant awards to localities
on the basis of risk.
The Menendez substitute does not guarantee first responders a voice
in establishing terrorism preparedness benchmarks that will guide
spending. H.R. 10, on the other hand, has a task force comprised of
first responders themselves.
The Menendez substitute does not identify either permitted or
prohibited use for first responder grant awards, and it does not
provide any penalties for failing to get money to first responders on
time. H.R. 10 has strict penalties for failing to get funds to their
intended destination, the men and women on the front lines, within 45
days. For that reason, all of the major first responder groups,
including the International Association of Firefighters, the
International Association of Fire Chiefs, the National Volunteer Fire
Council, the Fraternal Order of Police, the Major Cities Chiefs
Association, and the National Sheriffs Association have endorsed the
Faster and Smarter Funding For First Responders Act included in this
legislation. The Menendez bill is not supported by any first responder
group.
Let us reject the Menendez substitute and enact H.R. 10.
{time} 2300
Mr. MENENDEZ. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, the gentleman from California (Chairman Cox) just made
a statement, but his committee reported out a bill that contained a
historic $3.4 billion commitment to first responders. Was that
provision included in H.R. 10? The answer is no. Let us look at some of
what the 9/11 commissioners have said: ``The Senate bill is a giant
step forward'' and ``the right vehicle for our recommendations.'' That
incredible vote on a bipartisan basis in the Senate is the basis of the
Menendez substitute. Lee Hamilton said, ``The House bill contains a
number of proposals that go beyond the commission's recommendations''
and could very well, in essence, affect the nature of getting a bill
done in the 108th Congress.
The statement of the Family Steering Committee, in support of Shays-
Maloney, as we have heard, which is, in essence, the Menendez
substitute, said, ``If House Members present H.R. 10 for vote rather
than a choice that includes H.R. 5150 legislation, enacting the 9/11
Commission reforms may be doomed.''
Let me try to take away all the obfuscation, and, by the way, about
not submitting amendments, it was our statement that we sought on the
greatest issue to face this country, the national security of the
United States and how one responds to the September 11 Commission
report, we asked for an open rule. An open rule would have let any
Member of the House work its way and have the House's will work its way
in front of the American people about what were the best ideas with the
9/11 Commission's report as a foundation to best secure America. But
that open rule was not presented. So we would have had all the
amendments that may have perfected.
There has been a lot of obfuscation here about what the Menendez
substitute does and does not do. Let us make it clear once again. It is
the 9/11 Commission report. It is the Collins-Lieberman-McCain
legislation. It is what passed in the Senate 96 to 2 with over 51
Republican Senators and such a bipartisan support. It is, in essence,
the real reform.
There are a lot of reasons why people do not want to seek reform.
There are a lot of turf issues. People do not want to give up their
abilities. But the only turf we should be fighting for is our
collective turf as a country, and that is what this institution should
be doing.
Let me just go through some of the critical issues. Like the 9/11
Commission recommendations, the Menendez substitute creates a strong
National Intelligence Director. They do not.
Like the 9/11 Commission recommendations, our substitute creates a
strong National counterterrorism Center. They do not.
Like the 9/11 Commission recommendations, the Menendez substitute
mandates strengthening the Nunn-Lugar programs against nuclear
nonproliferation. They do not.
Like the 9/11 Commission recommendations, our substitute mandates the
creation of long-term strategies to win the struggle for ideas in the
Muslim world. Theirs do not.
Like the 9/11 Commission recommendations, the Menendez substitute
provides for much more extensive U.S. efforts in Afghanistan, including
authorizing an additional $2.8 billion to win the war in what is the
central part of terror. Theirs does not.
Like the 9/11 Commission recommendations, our substitute requires the
Transportation Security Administration to improve explosive detection
capabilities. Theirs does not.
Like the 9/11 Commission recommendations, our substitute replaces the
current patchwork of border screening systems with an integrated
screening system with one set of standards far beyond what they do.
Like the 9/11 Commission recommendations, our substitute creates a
government-wide Civil Liberties Oversight Board to review the use of
intelligence powers and act as a watchdog. Theirs does not.
I urge the 25 colleagues on the other side of the aisle who voted for
the 9/11 Commission to now have the same vision and courage and vote
for this substitute and let us move forward to real reform and a
greater, secure America. Vote for the Menendez substitute.
Mr. HOEKSTRA. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, Lee Hamilton, the distinguished vice chairman, a former
Member of this body, the vice chairman of the 9/11 Commission, stated
what should be obvious to all of us: that as the Senate and the House
conduct the normal legislative process, he fully expected each body
would refine and put their imprint on the commission's recommendations.
He said at a September 28 press conference and on other occasions that
the commission's recommendations are not set in stone. In that sense I
applaud the Senate for putting its imprint on the commission's
recommendations while crafting its bill.
I am proud of H.R. 10 and the work that our committees have done on
this bill. H.R. 10 is the House's imprint, its product in responding to
the commission's recommendations.
Let us be clear about what the substitute is and is not. It is the
hastily drafted combination of the text of at least two bills
introduced in the other body. It is a version that has never been
reviewed by any committee in the other body or been voted on in the
other body. The Menendez amendment asks the House to simply accept
titles II through XI of the McCain-Lieberman bill as introduced. These
provisions of McCain-Lieberman have not been reviewed by any committee
in the other body. We are also being asked to ignore the modifications
made to these provisions during floor consideration in the other body.
Similarly, the Menendez amendment asks the House to simply ignore the
deliberations on the floor of the other body. Over 6 days with regards
to the Collins-Lieberman bill, title I of the Menendez substitute, the
Collins-Lieberman bill is frequently described as being ``battle-
tested,'' but now we are being requested to ignore the results of the
biggest test, the amendment process of the other body.
If this is the biggest debate in the House, that is a poor excuse for
a legislative proposal to cobble together pieces from the other body
that have never been deliberated, that have never been voted on, and
that did not pass the other body.
The House can do better, and we have done better than what the other
body has done and what has been proposed in this amendment.
H.R. 10 is a comprehensive bill. H.R. 10 effectively implements the
framework of recommendations contained in the report of the 9/11
Commission, especially its core recommendations regarding the
restructuring of the intelligence community.
Mr. Chairman, for these reasons I urge my colleagues to join me in
opposing the Menendez amendment in the nature of a substitute and later
on vote overwhelmingly to support H.R. 10.
Mr. SIMMONS. Mr. Chairman, I rise today to support my colleague from
New Jersey, Mr.
[[Page H8842]]
Menendez's amendment to H.R. 10, the 9/11 Recommendations
Implementation Act.
Every American remembers where they were on September 11, 2001. On
that morning the American people began a journey together. No one can
predict how long we will be on this journey. Luckily, we were given the
beginnings of a guidebook for this journey, provided by the bipartisan
men and women of the 9/11 Commission.
The American people watched over the last many months as the 9/11
Commission met to examine facts and question witnesses. Together they
pieced together the failures and shortcomings that led to the terrible
attacks of September 11. The Commission then produced a series of
recommendations for the American people that came out in July and
literally flew off bookstore shelves around the country.
Like my fellow citizens I took the time to read the 9/11 Commission's
final report and contemplate the more-than 40 recommendations. I like
many of the recommendations made by the Commission. There are others
that I do not like. But I respect the fact that this is an important
start, and a blueprint that many of the American people have read, and
understand.
On July 28, 2004, I joined my colleague from Connecticut, Christopher
Shays, to announce my participation in a bipartisan 9/11 Commission
Caucus whose purpose was to promote their recommendations in a
bicameral and bipartisan fashion. Subsequently, we introduced a bill in
the House that mirrored the 9/11 Commission recommendations.
Senator Susan Collins of Maine and my Senator, Joe Lieberman of
Connecticut, also had the wisdom to introduce legislation in the other
body that mirrors the recommendations of the 9/11 Commission. The
administration has endorsed the Collins-Lieberman legislation; the 9/11
Commission Families have endorsed this legislation and last night the
Senate overwhelmingly passed the legislation.
Today we have the opportunity to do the same by voting in favor of
the Menendez amendment. I will be supporting this amendment to show my
constituents and the American people that indeed we are on this journey
together, that we will not taint the 9/11 Commission's recommendations,
that we will start reforming our intelligence community and that we
invite Americans to join us as we build from these recommendations.
Mr. MEEKS of New York. Mr. Chairman, I rise today in strong support
of the Menendez substitute to H.R. 10, the only version supported by
the House's 9/11 Commission Caucus, the 9/11 families and the
legislation most similar to the bill adopted by the Senate yesterday by
a 96-2 vote.
This bipartisan substitute fully implements the forty-one 9/11
Commission recommendations and adds no extraneous provisions. It
implements critical recommendations not fully addressed by H.R. 10,
including the creation of a strong National Intelligence Director and
giving that director full budgetary and personal authority, as the 9/11
Commission recommends.
The 9/11 Commission came together because America and the victims'
families demanded answers and solutions. The bipartisan group of
Commissioners--five Democrats and five Republicans--worked tirelessly
to fulfill their commitment to make America safe. We should honor their
efforts and fulfill our commitment to America by producing a bill that
responds directly to the Commissions' recommendations--with no added
controversial or unrelated provisions. The Menendez substitute helps us
do just that by ensuring that we have a clean bill on the President's
desk before we adjourn.
Let's not play politics with a bill as important to the American
people as this one. Pass the Menendez substitute.
Mr. KIND. Mr. Chairman, I rise today in support of the Menendez
substitute to H.R. 10, legislation to reform our country's intelligence
agencies. I support this substitute so that as a country we can move
forward quickly to a short conference and then give the President a
completed bill to sign. The security of the people of western Wisconsin
is of an utmost priority, and I am supporting measures that will make
changes necessary to protect our homeland.
On September 11, 2001, our Nation was brutally attacked and several
thousand of our citizens were killed. Our country was shocked and
dismayed, but we were far from defeated. The resolve of our Nation is
strong, and we stood up to the challenge and struck back.
After the attacks on that fateful day in September, many questions
about our homeland security were raised. I supported and worked for a
comprehensive Homeland Security bill that created the Homeland Security
Department and cabinet level secretary. The creation of the Homeland
Security Department was an important first step for our country to
ensure the security of its citizens. But there remained many unanswered
questions about our Nation's intelligence failures before September 11,
which is why I supported the creation of the independent bipartisan 9/
11 Commission.
On July 22, 2004, the 9/11 Commission provided a full and complete
report to Congress and the American public. I praise the Commission for
its excellent work, leadership, patriotism, and service to our country.
We owe it to the families of the victims of 9/11 and to the citizens of
our country to use this report to make certain this type of attack
never happens again; I fully support the unanimous and bipartisan
recommendations of the 9/11 Commission.
That is why I am a cosponsor of H.R. 5150, the Shays/Maloney bill to
implement the Commission's recommendations. This legislation is the
bipartisan companion bill to the Collins/Lieberman bill which just
passed in the Senate on October 6, 2004, by a vote of 96-2. I am
disappointed that House leadership has refused us the opportunity to
debate this bill. Rather, today on the House floor we are debating a
different 9/11 bill, which was drafted solely by the Republican
leadership, which is not bipartisan, not supported by the 9/11
Commission members, or most of the families of the victims of September
11.
Regrettably, it is rare these days for Republicans and Democrats to
come together and work toward the greater good of the country. But that
is exactly what happened this summer when five Democrats and five
Republicans on the 9/11 Commission voted unanimously on 41 key
recommendations to make our country more secure. And, this October, it
happened again when the Senate worked together to pass the Collins/
Lieberman bill endorsed by the 9/11 Commission.
Unfortunately, in the House, intelligence reform has taken a turn in
the opposite direction and we are being forced to debate and vote on a
bill that is not endorsed by the 9/11 Commission.
H.R. 10 would strip power from the National Intelligence Director and
the National Counterterrorism Center; it does not create an office to
oversee civil liberties; and, H.R. 10 does not increase congressional
oversight of our intelligence agencies. Further, this bill includes
several provisions not recommended by the 9/11 Commission, including
increased removal of immigrants without a hearing or review, and easing
rules of the U.N. Convention Against Torture. Essentially, H.R. 10
strips away the 9/11 Commission's recommendations and adds language not
endorsed by the Commission.
When the security of our country is at hand, politics should not play
a part. But, again, here we are debating a bill without support from
both sides of the aisle, and the will of the few is being forced upon
the many. This is not the right way to make important changes for a
nation's security. The partisanship of H.R. 10 will only delay making
our country safer. We need to pass H.R. 5150, so it can be brought to
the President's desk immediately, instead of further delaying the
process by passing H.R 10.
But if the substitute fails, I have decided that for the purpose of
moving this process forward to conference quickly I am going to support
H.R. 10. When the safety of our country is at hand we need to be able
to cross the aisle and work with our colleagues to protect our country.
After passage of H.R. 10, I plan to work closely with the members of
the conference committee on the 9/11 Commission Recommendation
Implementation Act to more closely align the conference report with the
9/11 Commission's 41 recommendations and the recently passed Senate
bill.
Mr. Chairman, the 9/11 Commissioners' recommendations are thorough
and complete, and I stand behind them. Let us make our country safer
now, not later. I urge my colleagues to support the substitute and the
underlying bill.
Mr. HYDE. Mr. Chairman, while there may be some provisions in the
Menendez substitute worthy of discussion during conference on this
measure, I rise in opposition to the amendment.
Our review of the Commission's report was performed with a
seriousness and deliberation worthy of the subject and the task. The
preparatory effort included full committee hearings, scores of
briefings by the administration and others on the range of issues, the
input of many experts, and days and weeks of effort devoted to
gathering the requisite information. From this, we developed what we
believe are measures necessary to give form and meaning to the often
diaphanous wording of each of the Commission's recommendations that
fall within my committee's jurisdiction.
The Menendez substitute offers little more than a mere restatement of
the Commission's recommendations and the unspoken premise that
difficult problems can be easily solved by the simple act of throwing
money at them. We have no shortage of examples of government programs
where this approach has not only failed, but actually rendered our
problems worse. Here, the greatest danger stems from the complacency
that will result from our merely having increased spending while
congratulating ourselves for having taken swift action.
[[Page H8843]]
Instead, as the authors of H.R. 10, we crafted practical solutions to
fulfill the recommendations. We took abstract report recommendations
such as ``offer an example of moral leadership, commit to treat people
humanely, abide by the rule of law'' and made them concrete.
Taken in its totality, H.R. 10 is a far superior product because it
reflects the concerted and consolidated efforts of several committees
and lays out direct, specific policy guidance on how to confront these
evils. The Senate may have voted to pass a similar measure to the
Menendez substitute, but this is our chance to vote for something
better, more concrete. I urge a ``no'' vote on the Menendez substitute
amendment.
Mr. MENENDEZ. Mr. Chairman, I yield back the balance of my time.
Announcement By The Chairman Pro Tempore
The CHAIRMAN pro tempore (Mr. Nethercutt). Members are reminded to
refrain from improper references to the Senate.
The question is on the amendment in the nature of a substitute
offered by the gentleman from New Jersey (Mr. Menendez).
The question was taken; and the Chairman pro tempore announced that
the noes appeared to have it.
Mr. MENENDEZ. Mr. Chairman, I demand a recorded vote.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment in the nature of a substitute offered by
the gentleman from New Jersey (Mr. Menendez) will be postponed.
It is now in order to consider amendment No. 2 printed in House
report 108-751.
Amendment No. 2 Offered by Mr. Simmons
Mr. SIMMONS. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 2 offered by Mr. Simmons:
Page 101, after line 3 add the following new section:
SEC. 1065. SENSE OF CONGRESS AND REPORT REGARDING OPEN SOURCE
INTELLIGENCE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the National Intelligence Director should establish an
intelligence center for the purpose of coordinating the
collection, analysis, production, and dissemination of open
source intelligence to elements of the intelligence
community;
(2) open source intelligence is a valuable source that must
be integrated into the intelligence cycle to ensure that
United States policymakers are fully and completely informed;
and
(3) the intelligence center should ensure that each element
of the intelligence community uses open source intelligence
consistent with the mission of such element.
(b) Report.--Not later than June 30, 2005, the National
Intelligence Director shall submit to the congressional
intelligence committees a report containing the decision of
the National Intelligence Director as to whether an open
source intelligence center will be established. If the
National Intelligence Director decides not to establish an
open source intelligence center, such report shall also
contain a description of how the intelligence community will
use open source intelligence and effectively integrate open
source intelligence into the national intelligence cycle.
The CHAIRMAN pro tempore. Pursuant to House Resolution 827, the
gentleman from Connecticut (Mr. Simmons) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Connecticut (Mr. Simmons).
Mr. SIMMONS. Mr. Chairman, I yield myself such time as I may consume.
I rise today to urge my colleagues to support my Open Source
Intelligence amendment to H.R. 10, the 9/11 Recommendations
Implementation Act. And I thank the Committee on Rules, the chairman of
the Permanent Select Committee on Intelligence, the chairman of the
Committee on the Judiciary, and, of course, the chairman of the
Committee on Armed Services for their efforts to help me perfect this
amendment, and I also thank them for their support of the amendment.
Essentially what this amendment does is it expresses a sense of
Congress that the new National Intelligence Director should establish
an intelligence center for the production of open source intelligence,
and it instructs the National Intelligence Director to consider
establishing this new center and to report to Congress by June 30,
2005.
Many people ask me what is open source intelligence. And it is really
very simple. Open source intelligence, or OSINT, is an intelligence
discipline based on information collected from open sources, which
could be newspapers, the Internet, books, phonebooks, scientific
journals, radio, and television. And once this information is collected
from these open sources, it is processed, analyzed, used to produce
intelligence, which is then disseminated to intelligence consumers.
Open source is not new. The Foreign Broadcast Information Service has
been around for many years, and their daily reports contained
translated broadcasts, news agency transmissions, newspapers, and other
statements from nations around the world. The daily reports represent a
unique resource for the study of foreign affairs. But we can do better
than just these daily reports.
The 9/11 Commission report supported the creation of a new Open
Source Agency and staff statement No. 11 from that report said, Open
sources have always been the bedrock source of information for
intelligence.
One of the great advantages of open source intelligence is it is
relatively inexpensive, and we can share it with others including our
allies, soldiers from foreign governments; and best of all, we can
share open source intelligence with the American people.
For example, for those interested in Iran's nuclear proliferation
activities, I have an aerial photograph in front of me dated 2002
showing the construction of buildings for uranium enrichment, and then
2 years later it shows that those facilities have been buried
underground. If the Iranians claim there is nothing sensitive taking
place on that site, we look at a larger photograph and here we see the
construction, but here when these facilities have been buried
underground, we see a new guard fence with guard posts around.
The best part of these aerial photographs is they are unclassified,
and we can describe what is going on in Iran and share it not only with
Members of this Chamber but with our allies and with the American
people.
Even though the 9/11 Commission report supports creation of an Open
Source Agency, my amendment simply asks the National Intelligence
Director to report to Congress next June with his or her
recommendation.
Mr. Chairman, at a time when the performance of the U.S. intelligence
community is being questioned and when every scrap of information is
needed to put together the puzzle presented by terrorist operations,
there could be no better time to incorporate the value of open source
intelligence to the overall product than right now.
Mr. Chairman. I urge my colleagues to support my open source
intelligence amendment to H.R. 10, the 9/11 Recommendations
Implementation Act.
I thank the Rules Committee for allowing for consideration of this
amendment and I thank Intelligence Chairman Pete Hoekstra, Judiciary
Committee Chairman Jim Sensenbrenner, and Armed Services, Chairman
Duncan Hunter for working with me to perfect this amendment. I also
thank them for their endorsements of the amendment.
This amendment expresses a sense of Congress that the new National
Intelligence Director should establish an intelligence center for the
production of open source intelligence. It instructs the National
Intelligence Director to consider establishing this new center and to
report to Congress by June 30, 2005 with a decision on whether or not
to create such an OSINT Center.
Many people ask me to explain what exactly is open source
intelligence or OSINT. It is really very simple.
OSINT is an intelligence discipline based on information collected
from open sources. These sources include newspapers, the Internet,
books, phone books, scientific journals, radio and television
broadcasts. Once this information is collected from publicly available
sources, it is processed and analyzed to produce intelligence, which is
subsequently disseminated to intelligence consumers.
The discipline of OSINT is nothing new and our intelligence community
has been using it for a long time. For example, the Foreign Broadcast
Information Service works with open sources. Their Daily Reports
consist of translated broadcasts, news agency transmissions,
newspapers, periodicals and government statements from nations around
the globe. These media sources are monitored in their original
language, translated into English, and issued daily to U.S. Government
officials. The Daily Reports represent a unique resource for the study
of foreign affairs, business, law, sociology, political science and
more, covering all regions of the world.
[[Page H8844]]
It is important to know that the 9/11 Commission Report recommends
creation of a new Open Source Agency. Staff Statement No. 11 of the 9/
11 Commission Report states the following:
Finally, open sources--the systematic collection of foreign
media--have always been a bedrock source of information for
intelligence. Open sources remain important, including among
terrorist groups that use the media and the Internet to
communicate leadership guidance. The Foreign Broadcast
Information Service performed this mission. During the early
1990s that service had been ``shredded,'' as one official put
it to us, by budget cuts.
In the mid-1990s, it was my honor to command the 434th Military
Intelligence Detachment (MID), a U.S. Army Reserve unit affiliated with
Yale University and located in New Haven, Connecticut. With the
active participation of CWO-4 Alan D. Tompkins and SGT Eliot A.
Jardines, our unit wrote the first handbook for Open Source
Intelligence (OSINT) for the U.S. Army. The Military Intelligence Corps
accepted it as doctrine.
One of the great advantages of Open Source Intelligence is that it is
relatively inexpensive. Another advantage is that we can share it with
others without fear of compromising sensitive sources and methods. We
can share it with our soldiers, share it with our international allies,
and most importantly--we can share it with the American people.
I have with me overhead photos that illustrate the utility of Open
Source Intelligence. They describe Iran's activities to construct and
then bury a uranium enrichment facility. You can clearly see that over
two years the facility was completed, buried and secured with a fence
and guard towers. The best part is that these aerial photos are not
classified and can be shared with our allies and the American people
when discussing Iran's nuclear proliferation activities.
Why is OSINT important today? The ``information explosion'' has
dramatically increased both the quality and quantity of the information
available in the public domain. Because this information is
unclassified, it can be shared quickly and freely, and acted upon.
Unfortunately, our country's intelligence service has not adequately
coordinated our OSINT efforts. The time has come to revisit the
importance of Open Source Intelligence and to consider the creation of
an OSINT center.
Although the 9/11 Commission Report supports creation of an Open
Source Agency, my amendment simply asks the new National Intelligence
Director to report to Congress his or her recommendation on this
matter.
Earlier this year when the House considered the Intelligence
Authorization Act my colleagues accepted a similar amendment that
directed the Director of Central Intelligence (DCI) to focus on the
importance of OSINT and report to Congress in six months on the
progress being made in utilizing OSINT.
At a time in our history where the performance of the U.S.
Intelligence Community is being questioned, and where every scrap of
information is needed to piece together the puzzle presented by
terrorist operations, there could be no better time to incorporate the
value of OSINT to the overall intelligence product available to our
policy makers and military forces.
I urge you to join me in support of my amendment on Open Source
Intelligence.
Mr. Chairman, I reserve the balance of my time.
Ms. HARMAN. Mr. Chairman, I rise to control the time on the
amendment.
The CHAIRMAN pro tempore. Is the gentlewoman opposed to the
amendment?
Ms. HARMAN. I am not, Mr. Chairman.
The CHAIRMAN pro tempore. Without objection, the gentlewoman is
recognized to control 5 minutes.
There was no objection.
Ms. HARMAN. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, the amendment's sponsor knows a lot about intelligence,
having served as staff director for the Intelligence Committee in the
other body under the late great Senator Goldwater, author of Goldwater-
Nichols, the law that prescribes jointness in the military just like
the approach some of us want to take to the intelligence community.
{time} 2315
The gentleman is rightly a supporter of greater use of open sources,
and I would agree with him that our entire intelligence community could
benefit by greater use of open sources. I would just point out that
some of the photos he showed us were very interesting, and to my mind,
reveal a lot more information than the top line of the intelligence
budget. But be that as it may, his amendment, I think, is a sensible
idea, if only to draw more attention to the importance that open
sources can provide.
This is a sense of the Congress, so for those who think that centers
should only be mission oriented, it is only a sense of the Congress
that we should pay more attention to open sources.
Mr. Chairman, I am pleased to support the gentleman's amendment.
Mr. Chairman, I would comment further only this, that I regret the
tone of the debate on the last amendment. It troubles me a lot. I think
everyone sitting here really cares that we get it right about
intelligence reorganization.
Many of us have studied it for years. I wish the House had taken the
lead on the subject months and months ago, because we had very good
information on the problems and very good legislation drafted. But we
stalled out, and the other body filled the vacuum and we are where we
are.
Mr. Chairman, I yield 1 minute to the gentleman from New Jersey (Mr.
Holt), a member of our committee,
Mr. HOLT. Mr. Chairman, I thank the ranking member for yielding me
time.
Mr. Chairman, we have discussed this matter quite a bit in the
Permanent Select Committee on Intelligence and we agree that there
should be more use of open sources. In fact, it should be routine, an
integral part of every analyst's and every agency's work. It may not be
necessary to have a center, as the gentleman suggests in his amendment,
but I think as a sense of Congress this amendment is useful to
emphasize the importance that open sources of information bring.
Excessive reliance on information obtained from secret sources is not
necessarily a good thing, and time and again, in example after example,
we have discovered that openly published and openly discussed
information is indeed superior, more correct than some of the secret
information that analysts have been relying on excessively. So we think
this is heading in the right direction.
Mr. SIMMONS. Mr. Chairman, I yield 30 seconds to the gentleman from
Michigan (Mr. Hoekstra), the distinguished chairman of the Permanent
Select Committee on Intelligence.
Mr. HOEKSTRA. Mr. Chairman, I thank the gentleman for yielding me
time.
By creating an Open Source Intelligence Center under the National
Intelligence Director to collect, analyze, produce and disseminate open
source materials to the intelligence communities, the information
becomes a building block for further collection, rather than a
forgotten tool.
I rise in support of the Simmons amendment. It creates a valuable
tool under the authority of the National Intelligence Director to make
open source intelligence more acceptable and available to the agencies
of the intelligence community.
Ms. HARMAN. Mr. Chairman, I yield to the gentleman from North
Carolina (Mr. Watt) for the purpose of making unanimous consent
request.
(Mr. WATT of North Carolina asked and was given permission to revise
and extend his remarks.)
Mr. WATT of North Carolina. Mr. Chairman, I rise in support of the
Menendez substitute amendment.
Mr. Chairman, I rise in support of the Menendez Substitute, and in
particular, its creation of a Privacy and Civil Liberties Board within
the Executive branch as unanimously recommended by the 9/11 Commission.
After months and months of study, and months and months of hearing
testimony and reviewing volumes of documents, the 9/11 Commission
unanimously recommended that there be a board ``within the government
whose job it is to look across the government at the actions we are
taking to protect ourselves to ensure that liberty concerns are
appropriately considered.''
Because I take the protection of our constitutional rights and
liberties very seriously, I offered an amendment during the Judiciary
Committee markup of this bill to establish an independent, bipartisan
board to oversee compliance with civil liberties and the Judiciary
Committee bill included a version of the oversight board. The Menendez
substitute establishes such a board. Now there are those who might
suggest that an advisory board created by the President by executive
order satisfies the mandate of the 9/11 Commission. It does not. That
board consists of Administration insiders with advisory functions.
In the words of the Vice Chairman of the
9/11 Commission, we must establish a board
[[Page H8845]]
that is ``robust,'' one that has the authority to secure our freedoms
against abuse. We all agree that our Nation must adjust to confront the
terrorist threat, but in doing so we cannot undermine the principles
for which Americans stand.
One need not look far to imagine the types of abuses that a Privacy
and Civil Liberties Board could expose and prevent. Should innocent
Americans be held merely on suspicion, without the opportunity to
consult with counsel and without the ability to speak with their
family? After two years of detention without access to family or
counsel, a U.S. citizen was recently released from Guantanamo because
he was no longer of ``intelligence value.'' Should Americans be willing
to miss graduations, baptisms, weddings, and funerals, because their
names are erroneously on a no-fly list? If Senator Kennedy, Congressman
John Lewis and Congressman Young find themselves detained as suspected
terrorists, who will be next? Just last week, a federal district court
ruled that the FBI's use of ``national security letters'' to compel the
production of customer records from internet service providers was
unconstitutional.
In short, just as we need to make adjustments as we fight terrorism,
we also need this independent board to make sure that fighting
terrorism is done in a manner that does not change the fundamental
nature of our society. In closing, let me quote directly from the 9/11
Commission's findings in connection with its recommendation that there
be a board to protect civil liberties:
We must find ways of reconciling security with liberty,
since the success of one helps protect the other. The choice
between security and liberty is a false choice, as nothing is
more likely to endanger America's liberties than the success
of a terrorist attack at home. Our history has shown us that
insecurity threatens liberty. Yet, if our liberties are
curtailed, we lose the values that we are struggling to
defend.
The substitute implements the recommendation of the 9/11 Commission
and should be supported. I urge my colleagues to vote ``yes.''
Mr. SIMMONS. Mr. Chairman, I yield 30 seconds to the gentleman from
California (Mr. Hunter), the distinguished chairman of the Committee on
Armed Services.
Mr. HUNTER. Mr. Chairman, I will not take that much time, but just to
say like the gentleman that offered this amendment, this amendment is
practical, it is a smart thing to do, and we support it very strongly.
Ms. HARMAN. Mr. Chairman, I yield to the gentlewoman from Texas (Ms.
Jackson-Lee) for the purpose of making a unanimous consent request.
(Ms. JACKSON-LEE of Florida asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Mr. Chairman, I rise to support the
Menendez substitute in recognition of fixing the human intelligence
problem we have in the intelligence system and recognizing the 9/11
Commission's work.
Ms. JACKSON-LEE of Texas. Mr. Chairman, it pleases me that the
Committee on Rules had the prudence to make the amendment offered by
the Gentleman from New Jersey, Mr. Menendez, in order. This important
amendment has been endorsed by the 9/11 Commission and embodies the
provisions found in the Collins/Lieberman proposal, S. 2845 and the
McCain/Lieberman proposal, S. 2774.
In our work on H.R. 10, we have a duty to take in to account the
families that will be affected. We in this august body have a duty to
take into account that these families--in fact, all American families,
will be waiting and watching to see if this body will act responsibly,
appropriately, and adequately.
The base bill includes over 50 extraneous provisions that were not
recommended by the 9/11 Commission. Within these extraneous provisions
are legislative ``poison pills'' that will ultimately frustrate our
overall purpose--to make America safe. These poison pills include:
Giving the President ``fast track'' authority to reorganize the
intelligence agencies, undermining the reforms recommended by the 9/11
Commission;
Giving the President authority to bypass Senate confirmation of the
Director of the CIA and other key intelligence and defense officials,
weakening congressional oversight;
Giving federal law enforcement officials new authority to deport
foreign nationals, revoke visas, and deny asylum without judicial
review;
Creation of new national databases of drivers licenses, birth
certificates, and criminal histories, raising civil liberties and
privacy concerns; and
Expansion of the authority of the Justice Department by relaxing
grand jury secrecy requirements and increasing its ability to conduct
secret surveillance.
I serve on the House Select Committee on Homeland Security, and it
troubles me that while that body received a referral for markup, the
leadership has chose not to schedule such a hearing. The very committee
that would presumably hold the most jurisdiction over this matter
deferred its opportunity to make this legislation better. That does not
sit well with my colleagues on this side of the aisle and it does not
sit well with the families of the victims of 9/11--it does not sit well
with the American people.
Furthermore, while the September 11 Commission has set forth its bi-
partisan suggestion for rebuilding and improvement, we cannot even move
legislation that authorizes homeland security spending through a markup
by the main committee of jurisdiction. These issues are indicative of a
body that has its priorities misplaced.
H.R. 10 will have to serve as the blueprint for this nation's ability
to fight terrorism. Therefore, it is our duty to comprehensively and
earnestly debate the merits of this legislation without partisan
politics and pre-election motives. Since this proposal was crafted
without giving Democrats an adequate opportunity to provide input, it
is clear that, while the September 11 Commission's (9/11 Commission)
report recommendations are a bi-partisan product, H.R. 10 is not.
Hence, this bill is the symbol of leadership that is guided by
partisanship when it should be guided by the needs of the American
people. This bill is the symbol of misplaced priorities.
Border Security
The state of security at our nation's land border is extremely
troubling. we are only safe if we have secured our borders. Most of the
people who come into our country come across our land borders.
Yet the Republican House of Representatives doesn't want to make
necessary investments at our nation's ports of entry and between the
ports of entry to keep terrorists out. Apparently, in light of what
they have proposed in the 9/11 bill, Republicans are focused
exclusively on finding new ways to kick the bad guys out.
I've got news for you all--something the American people know--Once
terrorists are in the US, it's too late. The goal should be to keep
them out in the first place, but in a manner that respects their civil
liberties.
What we must do is make it harder for terrorists to get into this
country.
To do this we need to invest in law enforcement resources at the
border--at and between our Nation's ports of entry.
Security means investment in personnel, technology and infrastructure
that will keep Americans safe.
Security means having a comprehensive unified border security
strategy.
The Administration has failed to invest in the expansion and
improvement of infrastructure and staffing at our nation's ports of
entry.
We only have 1000 more border patrol agents than we did on 9/11--that
is a three percent increase per year.
The Administration has failed to invest in technology to monitor the
land borders. Much of the technology at the southern border is more
than a quarter century old.
Today, millions of people who cross our borders are not checked
against any database and the intelligence databases available to front
line officers are antiquated and not fully integrated or interoperable.
The Administration has failed to secure federal parks, wildlife
sanctuaries, forests and Indian reservations--some of these areas have
experienced the largest increases in narcotics and human smuggling.
The Administration has failed to budget for adequate detention space.
Tens of thousands of illegal immigrants have been released into U.S.
communities. Of those released 80-90 percent fail to appear for
deportation proceedings.
Perhaps most glaring is the failure of the Administration to develop
a comprehensive long term interagency border strategy.
Unless the Administration acts in these areas, American will not be
safe.
Convention Against Torture
Originally, I planned to offer an amendment that would remove section
3032 from the 9/11 Recommendations Implementation Act. Section 3032
would retroactively authorize the deportation of aliens to countries
where they are likely to be tortured. Sending people to countries where
they would face torture is morally wrong, and it would violate the
United Nations Convention Against Torture (CAT). Section 3032 also
would make it harder to establish eligibility for CAT relief, and it
would prohibit federal court challenges to a decision removing CAT
protection under the new law except as part of the review of a final
order of removal.
Article 3 of the Convention forbids a State Party from forcibly
returning a person to a country when there are substantial grounds for
believing that he would be in danger of being subjected to torture. In
ratifying the treaty, the U.S. Senate did not express any reservation,
understanding, or proviso that might exclude a person from Article 3
prohibition.
[[Page H8846]]
I support this absolute prohibition on moral as well as legal
grounds. Torture is so horrendous and so contrary to our ethical,
spiritual, and democratic beliefs that it must absolutely be condemned
and prohibited.
I want to emphasize that the prohibition in the Convention is country
specific. It just prohibits deportation to a country where the alien
will face torture. Also, the grant of CAT protection is temporary. It
can be removed when a change in conditions eliminates the risk of
torture.
I also object to the change in the burden of proof that would require
the applicant to prove his case by ``clear and convincing evidence''
instead of the present ``more likely than not'' standard. Raising the
standard to this level of certainty would result in sending people to
countries where they will be tortured.
Finally, I object to making such changes retroactively and to
prohibiting federal court review of CAT decisions unless it is part of
the review of a final order of removal. Petitions for review of a
removal order must be filed within 30 days. Consequently, section 3032
would prevent many aliens from having federal court review of adverse
decisions. This cannot be justified where the consequence of a mistake
could be subjecting a person to torture.
In closing, I will quote some sections from a letter that White House
counsel Alberto R. Gonzalez sent to the editors of the Washington Post
on October 1, 2004, about the torture provision in the House
intelligence reform bill:
The President did not propose and does not support this
provision. He has made clear that the United States stands
against and will not tolerate torture, and that the United
States remains committed to complying with its obligations
under the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. Consistent with that
treaty, the United States does not expel, return, or
extradite individuals to other countries where the United
States believes it is likely they will be tortured.
As the President has said, torture is wrong no matter where
it occurs, and the United States will continue to lead the
fight to eliminate it everywhere.
state issuance of driver's licenses
An amendment that would remove subsection 3052(c)(2) from the 9/11
Recommendations Implementation Act. Subsection 3052(c)(2) would
prohibit the states from issuing driver's licenses to aliens who do not
have lawful status.
Recent estimates indicate that we have between 8 and 14 million
undocumented aliens in the United States. Subsection 3052(c)(2) would
prevent many of them from getting driver's licenses. While I understand
the argument that undocumented aliens are here unlawfully and should
not be accorded the privilege of having driver's license, the analysis
of the problem should not stop with that observation. The reality is
that the undocumented aliens will drive even if they cannot get
driver's licenses. For most people, it is virtually impossible to
survive in our society without a car, and it is unrealistic to expect
the undocumented aliens to give up and leave the country when they find
out they cannot get driver's licenses.
A driver's license is not just a privilege for the driver's benefit.
It also serves state purposes. By licensing drivers, the state can
ensure that the drivers who receive licenses have acceptable driving
skills, know traffic laws, and have liability insurance. In addition,
registering and photographing all drivers helps the state to monitor
driving records.
Traffic accidents are the leading cause of death for persons aged six
to 33, with more than 40 thousand traffic fatalities each year.
According to a study conducted by the AAA Foundation for Traffic
Safety, unlicensed drivers are five times more likely to be in fatal
crashes than drivers with valid licenses.
TSA and Passenger Pre-Screening
This proposal would make the ``Next Generation Airline Passenger
Prescreening'' provision (Section 2173) more effective while taking
active measures to protect individual rights and liberties.
The existing language in Subsection (i) of Section 2173(a)(C) assigns
the task of testing the next generation passenger prescreening system
against automatic selectee and no-fly lists and records in the
consolidated and integrated terrorist watchlist maintained by the
Federal Government to the ``Assistant Secretary or designee.'' This a
very loose assignment of a very important task. Moreover, the duties of
the Assistant Secretary would hardly allow for the time and effort that
is necessary to perform the functions of this provision to address the
needs of the American public.
The Jackson-Lee Amendment would assign this task rather to the
``Civil Liberties Protection Officer'' of designee thereof--
in consultation with the Assistant Secretary. Therefore, this amendment
adds teeth to the existing provision in the area of personnel
assignment.
The Civil Liberties Protection Officer is the most appropriate
personnel to perform this function. Its duties are enumerated in
Section 1022(b) of this legislation:
(b) Duties.--The Civil Liberties Protection Officer shall--
(1) ensure that the protection of civil liberties and
privacy is appropriately incorporated in the policies and
procedures developed for and implemented by the Office of the
National Intelligence Director and the elements of the
intelligence community within the National Intelligence
Program;
(2) oversee compliance by the Office and the National
Intelligence Director with requirements under the
Constitution and all laws, regulations, Executive orders, and
implementing guidelines relating to civil liberties and
privacy;
(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in
the administration of the programs and operations of the
Office and the National Intelligence Director and, as
appropriate, investigate any such complaint or information;
(4) ensure that the use of technologies sustain, and do not
erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(5) ensure that personal information contained in a system
of records subject to section 552a of title 5, United States
Code (popularly referred to as the `Privacy Act'), is handled
in full compliance with fair information practices as set out
in that section;
(6) conduct privacy impact assessments when appropriate or
as required by law; and
(7) perform such other duties as may be prescribed by the
National Intelligence Director or specified by law.
Under the Jackson-Lee Amendment, the Civil Liberties Officer (CLO)
would ``assume performance of the passenger prescreening function of
comparing passenger name records to the automatic selectee and no-fly
lists and utilize all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal Government.''
Given the functions of the CLO as described in Section 1022, the Next
Generation Airline Passenger Prescreening program would be developed in
a way that protects individual liberties and privacy while eliminating
mistakes that have been made, perhaps, due to a lack of proper skills
or experience.
The Jackson-Lee Amendment would also require the CLO to develop
guidelines, policies, and operating procedures for the (1)
``collection, removal, and updating'' of the data maintained by the
prescreening system, (2) criteria for the addition of names to the
database, (3) security measures to protect the system from unauthorized
access, (4) a system for correcting erroneous entries, and (5) a
process that allows individuals who are victims of error to demonstrate
that an error has been made as well as to allow for a challenge as to
the inclusion of his/her name in the database. Again, with the
expertise in the area of civil liberties and privacy rights, this
function would be performed most efficiently with the inclusion of my
proposal.
Moreover, the Jackson-Lee Amendment would enable individuals or
entities to file civil actions against an agency with respect to the
challenge.
According to the Associated Press, Senator Edward Kennedy could not
fly out to Boston because his name had been listed in the ``no fly''
database erroneously. After having made several phone calls, he was
able to fly to Boston; however, the same thing occurred on his way back
to Washington. It required three phone calls to the Secretary of
Homeland Security to correct this error.
The normal American citizen, however, cannot simply pick up the phone
and call the Secretary of DHS to address the problem of erroneous
inclusion in the ``no fly'' database. Therefore, the Jackson-Lee
Amendment would provide the protection of the Civil Liberties Officer
and the tort reform provision to address his/her grievances.
criminal background checks--section 2142
Lastly, at the Committee level, I offered an amendment that speaks to
protecting the privacy of employees. This amendment would have stricken
Section 2142(a) of the base bill before this body, H.R. 10. Section
2142 of the 9/11 Recommendations Implementation Act (H.R. 10) mandates
that the Department of Justice establish and maintain a system to
provide employers with criminal history information of its employees.
In order for the employer to receive this information, it must submit
fingerprints or other biometric identifiers of the employee to the
Department. Once fingerprints or biometric data are submitted, the FBI
would be required to use the Integrated Fingerprint Identification
System. (IAFIS) to identify any records of arrest, detention,
indictment or other formal charge pertaining to the employee and any
disposition of such charge.
This body should oppose this unnecessary and intrusive provision
which would provide a false sense of security, impede the ability of
employers to hire new workers and impose an undue burden on important
federal law enforcement resources.
The measure is unnecessary because employers already have many
options to conduct
[[Page H8847]]
criminal history background checks on applicants and employees through
the public and private sector. The National Crime Prevention and
Privacy Compact (Title II of Pub. L. 105-251) already provides a
framework--including privacy safeguards--through which nationwide
criminal background checks can be conducted by employers on applicants
and employees through state criminal history repositories when a state
determines that such a check is appropriate. In addition, employers may
seek background information from private databases as provided under
the Fair Credit Reporting Act.
The FBI database is not sufficiently thorough to provide a truly
adequate review of an individual's criminal background and would
therefore provide a false sense of security. According to the
Department of Justice, ``state systems tend to be more comprehensive
and up-to-date than the federal system, because state courts report to
the state system, not the federal system. This is particularly true in
the case of non-felony arrests and convictions. While federal criminal
records for felony arrests are improving daily, there are many
important criminal history details that a prospective . . . employer
would find important that are not found in federal data bases. These
include: misdemeanor crimes of domestic violence; misdemeanor sex
offenses; misdemeanor drug possession offenses; and impaired driving
offenses.'' (H. Rept. 105-61).
ChoicePoint's National Criminal File, for example, contains over 170
million criminal history records from jurisdictions nationwide. In
contrast, the FBI's NCIC houses an estimated 50 million records. Well
over 90 percent of ChoicePoint's records are conviction records (not
arrests or bookings), whereas only 20 percent of the NCIC records
contain disposition information.
Universal employee screening would overwhelm insufficient
infrastructure and would impede an employer's ability to hire new
workers. While electronic submissions can be processed relatively
quickly, paper based submissions currently take five to ten business
days to complete according to congressional testimony by the Department
of Justice. With expanded submissions, employers can expect the delay
to increase thus impairing their ability to make hiring decisions.
Universal federal screening of employees would place an undue burden
on the law enforcement, diverting resources away from better uses.
While the IAFIS system is already established, the FBI still would need
to develop means and capacity for accepting, processing, and responding
to requests for background checks from employers. The employers from
which the FBI will receive requests likely will vary widely in terms of
their knowledge of the background check process and in their technical
capabilities to collect and transmit requests (including fingerprints)
to the FBI, requiring additional expenditures of resources by the FBI.
The Department of Justice has opposed more narrow proposals that did
not require that checks first be run through state criminal records
systems. Whereas state criminal records systems are more robust than
federal records, running background checks through state agencies would
conserve federal time and expenses. (H. Rept. 105-61).
The Department also has noted that many state and local law
enforcement agencies that typically serve as the starting point are
often ``under-staffed and under-equipped,'' which would limit their
ability to conduct thorough and timely civil checks and ``could
eventually result in the need to institute some type of prioritization
of such checks as the existing infrastructure becomes overloaded.''
(Michael Kirkpatrick, FBI, testimony to House Judiciary Subcommittee on
Crime, Terrorism, and Homeland Security, 3/30/04).
The federal government's collection of fingerprints or other
biometric data from all prospective employees lacks adequate privacy
safeguards. The bill does not provide any privacy protections for the
applicant/employee that is the subject of the background investigation.
Employers conducting background checks directly through the Attorney
General would not be subject to the extensive protections afforded by
the Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et. seq.) because
those protections only attach to information an employer obtains from a
consumer reporting agency--not information the employer obtains
directly from the government. Thus, under the provision, an employee
would lose many privacy safeguards otherwise provided under existing
law. The bill would not require employees to be given notice of the
background investigation nor would the employee have access to the
results of the investigation or a means of appealing incorrect
information as is provided.
The measure intrudes on the rights of states to regulate the
dissemination of this sensitive information. Existing law provides the
states with extensive authority to determine which criminal history
record information is disseminated within its borders for employment
and other non-criminal justice purposes. The proposed measure
effectively would reverse this policy and pre-empt the ability of
states to regulate this area. Moreover, the proposal would subject
employees to the laws of states other than where he/she works. Under
the proposal, an employer may seek a background investigation if
authorized by the state where the employee works or by the state where
the employer has its principal place of business. Arkansas, for
example, could authorize criminal background checks nationwide for
employees of Wal-Mart and other Arkansas-based businesses. Similarly,
an employee of General Motors working in North Carolina would be
subject to Michigan law. Unfortunately, the proposal does not clarify
and would exacerbate patchwork of state laws pertaining to pre-
employment background investigations. Individual rights can be
protected while vigorously protecting the Homeland. It is our duty as
legislators to find that balance.
Mr. Chairman, in recognition and tribute to the families of the 9/11
victims, there should never be a price limitation placed on effectively
securing the Homeland. Nor should solid legislation be ignored or
thwarted in carrying out the will of the American people. For this
reason, I fully supported the goals set forth in the Shays-Maloney
proposal that was not made in order by this Committee.
Given that the Menendez Amendment has been made in order, I offer my
full support to the Gentleman. This Democratic substitute has been
endorsed by the 9/11 Commission and embodies the provisions found in
the Collins/Lieberman proposal, S. 2845 and the McCain/Lieberman
proposal, S. 2774.
The real crime on 9/11 was the failure of the American Government in
having a real intelligence integrated system that might have thwarted
the horrific tragedy of 9/11. The focus today pursuant to the 9/11
Commission to be to vote on legislation that overhauls our broken
intelligence system, give budgetary authority to the new intelligence
director and fix the system that did not function on 9/11.
Our 9/11 families deserve a signed bill, as James Joyce said as told
to me by Donald and Sally Goodrich, ``It is the now, the here through
which all future plunges to the past.'' Let's move forward.
Ms. HARMAN. Mr. Chairman, I yield to the gentleman from Wisconsin
(Mr. Obey) for the purpose of making a unanimous consent request.
(Mr. OBEY asked and was given permission to revise and extend his
remarks.)
Mr. OBEY. Mr. Chairman, I think both the Menendez bill and the core
bill are headed in the wrong direction on final passage. I would vote
against both of them.
Ms. HARMAN. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, as I said and our other speaker said, this is a good
amendment. This is a bipartisan issue. I think everybody here cares
about better intelligence, and it is interesting to note how little
attention open sources have gotten over the years and how much we have
lost because we have not paid attention to them. So in that sense I
think this amendment is extremely inspired to make a point that we must
focus on this.
I would, however, like to make sure that the record of some of the
conversation under the Menendez amendment is accurate, and in that
connection, I am holding a press release issued by the Central
Intelligence Agency dated 15 October, 1997, which says at the bottom
the aggregate amount appropriated for intelligence and intelligence-
related activities for fiscal year 1997 is $26.6 billion. A press
release was also issued for 1998.
I would also like to say I do stand corrected. I have looked at the
language of the Collins bill and what it provides is an alternative.
That is what the 9/11 Commission also said in terms of organization of
Congress. ``One alternative is a joint Senate-House authorizing
committee. The other alternative is a committee in each Chamber with
combined authorization and appropriations authority.'' The legislation
does not make a decision between the two.
Mr. Chairman, I support the amendment.
Mr. Chairman, I yield back the balance of my time.
Mr. SIMMONS. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, at a time of international terrorism, there is no such
thing as too much intelligence. Open source intelligence could save
lives and inform our policymakers. Support the amendment.
Mr. Chairman, I yield back the balance of my time.
The CHAIRMAN pro tempore (Mr. Nethercutt). All time has expired.
[[Page H8848]]
The question is on the amendment offered by the gentleman from
Connecticut (Mr. Simmons).
The amendment was agreed to.
The CHAIRMAN pro tempore. It is now in order to consider Amendment
No. 3 printed in House Report 108-751.
Amendment No. 3 Offered by Mr. Souder
Mr. SOUDER. Mr. Chairman, I offer an amendment.
The CHAIRMAN pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment No. 3 offered by Mr. Souder:
At the end of subtitle C of title V (page 493, after the
item after line 21) add the following:
SEC. __. INTEGRATING SECURITY SCREENING SYSTEMS AND ENHANCING
INFORMATION SHARING BY DEPARTMENT OF HOMELAND
SECURITY.
(a) Immediate Actions.--The Secretary of Homeland Security
shall ensure--
(1)(A) that appropriate personnel of the Department of
Homeland Security who are engaged in the security-related
screening of individuals and entities interacting with the
United States border and transportation systems, have the
appropriate security clearances, and need access to the
information in the context of their job responsibilities, can
promptly access or receive law enforcement and intelligence
information contained in all databases utilized by the
Department, except as otherwise provided by law or, as
appropriate, under guidelines agreed upon by the Attorney
General and the Secretary;
(B) any Federal official who receives information pursuant
to subparagraph (A) may use that information only as
necessary in the conduct of that person's official duties and
subject to any limitations on the unauthorized disclosure of
such information;
(2) the coordination and, where appropriate, consolidation
or elimination of duplicative targeting and screening centers
or systems used by the Department for security screening
purposes;
(3) the timely sharing of law enforcement and intelligence
information between entities of the Directorate of Border and
Transportation Security and the Directorate for Information
Analysis and Infrastructure Protection, and any other
entities of the Federal Government prescribed by the
Secretary in consultation with the Director of the Office of
Management and Budget; and
(4) that all actions taken under this section are
consistent with the Secretary's Department-wide efforts to
ensure the compatibility of information systems and databases
pursuant to section 102(b)(3) of the Homeland Security Act of
2002 (6 U.S.C. 112(b)(3)).
(b) Report.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit a report to the Congress that includes the
following:
(A) A description of each center, office, task force, or
other coordinating organization that the Department of
Homeland Security administers, maintains, or participates in,
and that is involved in collecting, analyzing, or sharing
information or intelligence related to--
(i) individuals or organizations involved in terrorism,
drug trafficking, illegal immigration, or any other criminal
activity; or
(ii) the screening, investigation, inspection, or
examination of persons or goods entering the United States.-
(B) A description of each database or other electronic
system that the Department of Homeland Security administers
or utilizes for the purpose of tracking or sharing of
information or intelligence related to--
(i) individuals or organizations involved in terrorism,
drug trafficking, illegal immigration, or any other criminal
activity; or
(ii) the screening, investigation, inspection, or
examination of persons or goods entering the United States.
(C) For each description provided under subparagraph (A) or
(B)--
(i) information on the purpose and scope of operations of
the center, office, task force, or other coordinating
organization, or database or other electronic system,
respectively; and
(ii) an identification of each subdivision of the
Department, and each governmental agency (whether Federal,
State, or local) that participates in or utilizes such
organization or system on a routine basis.
(D) A description of the nature and extent of any overlap
between, or duplication of effort by, the centers, offices,
task forces, and other coordinating organizations, or
databases and electronic systems, described under
subparagraph (A) or (B).
(2) Classified or law enforcement sensitive information.--
Any content of the report that involves information
classified under criteria established by an Executive order,
or the public disclosure of which, as determined by the
Secretary, would be detrimental to the law enforcement or
national security activities of the Department or any other
Federal, State, or local agency, shall be presented to the
Congress separately from the rest of the report.
(c) Requirement To Submit Plan.--Within 270 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall submit to the Congress a plan describing the
actions taken, and those that will be taken, to implement
subsection (a). Such plan shall include an analysis of the
feasibility of integrating all security screening centers or
systems utilized by the Department of Homeland Security into
a single, comprehensive system, and actions that can be taken
to further coordinate such system with other Federal and
private screening efforts at critical infrastructure and
facilities.
The CHAIRMAN pro tempore. Pursuant to House Resolution 827, the
gentleman from Indiana (Mr. Souder) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Indiana (Mr. Souder).
Mr. SOUDER. Mr. Chairman, I yield myself 2 minutes.
Mr. Chairman, this amendment is pretty simple. It attempts to address
this. When the Commission talks about stovepiping, these are the
stoves. This is not even what is called the intelligence community. It
does not include most of the CIA, the NSA. These are mostly the
narcotics and border intelligence agencies.
As we look at this, for example, in El Paso alone, we have a Custom
and Border Protection Field Intelligence Center, we have a DEA El Paso
Intelligence Center, an OCDETF Center with a Southwest border
initiative there also. This is just El Paso.
We have an Office of National Drug Control HIDTA, and we have a JTF-
6, and the DHS is proposing a new Border Interdiction Support Center.
So this means in El Paso we have a BORFIC, an EPIC, an OCDETF, a
SWBI, a HIDTA, a JTF and BISC that we need to have if we are going to
do a better job of coordinating the intelligence on our southwest
border and other places.
If we are going to have DHS actually coordinate these things, we need
this amendment. This amendment says the Secretary should make sure
everyone has access to relevant law enforcement. They need to
consolidate databases, they need to improve information sharing. It
requires the report to Congress containing an overview of all of the
agencies' databases and other capabilities. It directs the Secretary to
submit a plan to Congress, to improve information and intelligence
sharing within the Department, and it directs the Secretary to ensure
that information and intelligence sharing is subject to appropriate
limitations and legal safeguards.
Mr. Chairman, I reserve the balance of my time.
Mr. TURNER. Mr. Chairman, I rise to speak on the amendment.
The CHAIRMAN pro tempore. Is the gentleman opposed to the amendment?
Mr. TURNER. I am.
The CHAIRMAN pro tempore. The gentleman from Texas (Mr. Turner) is
recognized for 5 minutes.
Mr. TURNER. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I appreciate the gentleman from Indiana offering the
amendment, which I do intend to support. But the amendment,
interestingly enough, requires the Secretary of Homeland Security to do
a whole lot of things that we have already required the Secretary to do
2 years ago in the Homeland Security Act. I think the amendment, more
than anything else, shows us how far we have to go in getting this
Department of Homeland Security to do what we wanted it to do when we
created the Department in the first place.
The Homeland Security Act already requires the Department to do
everything that is in this amendment. Under sections 201 and 892 of the
Homeland Security Act, we called upon the Secretary to improve
information sharing, to ensure that all DHS personnel share appropriate
information. Two years later, this has not been done, thus, requiring
us to say it again, I guess, as the gentleman has in his amendment.
Our frontline forces in the Department of Homeland Security clearly
do not have access to the full range of databases that they should have
access to to do their job. If a border inspector or law enforcement
officer has a suspected terrorist in front of them, they need to have
access to the information about that person. They do not have it today.
Likewise, the Department of Homeland Security legislation we passed 2
years ago required the Secretary to ensure appropriate exchanges of
information with the private sector, which is also called for in the
gentleman's amendment. Unfortunately, the Department still does not
provide owners
[[Page H8849]]
of critical infrastructure with the intelligence they need. I
appreciate the gentleman pointing this out by offering this amendment.
According to the Department's Inspector General, the Department has
the lead responsibility to coordinate the terrorist watch list
information, but thus far they have failed to provide the leadership to
do it.
Here we are, 2 years after the creation of the Department of Homeland
Security, we still do not have a unified terrorist watch list available
to any agency of our government, as required by the Homeland Security
Act, evidenced by the Department of Homeland Security's own Inspector
General report.
Mr. Chairman, it is interesting to read in the amendment that the
gentleman requires a report to list all of the offices in the
Department that have the responsibility for collecting, analyzing and
sharing information. Again, 2 years ago, the Homeland Security Act made
the Department's Information Analysis Directorate responsible for this
mission. Unfortunately, the gentleman is right in suspecting that the
Information Analysis Infrastructure Protection Directorate has failed
in the responsibilities that we gave them 2 years ago.
My colleague's amendment raises a number of very serious oversight
questions for the Department. In fact, the amendment is nothing short
of an admission of failure of the Department to carry out the mandates
of this Congress which we put into law 2 years ago.
So I thank the gentleman for his amendment. I will join him in
supporting it.
Mr. Chairman, I reserve the balance of my time.
Mr. SOUDER. Mr. Chairman, I thank the gentleman for his support.
Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr.
Cox), the distinguished chairman of the Select Committee on Homeland
Security.
Mr. COX. Mr. Chairman, I thank the gentleman for yielding me time.
Mr. Chairman, I rise in support of the amendment offered by the
gentleman from Indiana (Mr. Souder), which is an important amendment.
It will ensure that the people responsible for screening border
crossings, airline passengers and other transportation systems have
access to all the law enforcement and intelligence information they
need and it will ensure that they have access to all the law
enforcement and intelligence information available to the Secretary of
the Department of Homeland Security.
It is well-known that several Federal agencies have long maintained
separate watch lists and that work is well underway to completely
consolidate these. But the purpose of watch lists is to identify
terrorists who are attempting to gain entry into the United States.
{time} 2330
If they are not integrated, in the meanwhile, we do not have seamless
electronic access to that information in multiple databases, and they
cannot do their job.
The Department of Homeland Security combined no less than 22 separate
Federal agencies, and those agencies brought their legacy databases
with them and their separate screening processes, which were developed
to aid in their own separate missions before the merging.
The 9/11 Commission report recommends that ``all points in the border
system, from consular offices to immigration services, will need
appropriate electronic access to an individual's file.'' And they note
that ``scattered units at Homeland Security and the State Department
perform screening and data mining: instead,'' they say, ``a government-
wide team of border and transportation officials should be working
together.''
The 9/11 Commission report stresses the need to have border screening
systems ``integrated into a larger network of screening points that
includes our transportation system.''
This amendment offered by the gentleman from Indiana (Mr. Souder)
addresses these concerns by ensuring that the Department of Homeland
Security pursues the best way to link these systems together.
As chairman of the Select Committee on Homeland Security, I would
like to thank the gentleman from Indiana (Mr. Souder) for offering this
important amendment.
Mr. TURNER of Texas. Mr. Chairman, I yield 1 minute to the
gentlewoman from Texas (Ms. Jackson-Lee), a distinguished member of the
Select Committee on Homeland Security.
Ms. JACKSON-LEE of Texas. Mr. Chairman, I thank the gentleman for the
insight he gave us on the duties and responsibilities of the Department
of Homeland Security, but I want to also thank the gentleman from
Indiana (Mr. Souder) for this addition. I want to correct any
suggestions that there were not many amendments; we all brought
amendments and testified before the Committee on Rules, but I do want
to say that this is an addition that is important.
Having just returned from the border, one of the key elements of
providing good security is good intelligence; and particularly on the
border and with our Border Patrol agents and our border security
resources on the border, information-sharing has been extremely
difficult. It is clear that the 9/11 Commission again talked about
breaking down stovepipes. This is a good direction for breaking down
those stovepipes and suggesting that ensuring safety at the borders
keeps the homeland safe.
I am hoping, however, that we can also reflect upon the importance of
a National Intelligence Director that has budgetary authority.
Mr. Chairman, I support this amendment for the information-sharing
that it creates.
Mr. SOUDER. Mr. Chairman, I yield myself the balance of my time.
Mr. Chairman, first I want to thank the gentleman from California
(Chairman Cox), the distinguished ranking member, the gentleman from
Texas (Mr. Turner), and the gentlewoman from Texas (Ms. Jackson-Lee)
who has been helpful, and a number of other members. Also, the
Committee on Transportation and Infrastructure, as well as the
Committee on the Judiciary and the Committee on Government Reform,
those four committees came together to make this amendment possible.
We see cooperation in the narcotics area of the subcommittee I chair.
We have had increasing drug busts, we have had some progress, but it is
not fast enough. If we are not careful here, instead of collecting
intelligence, all we are going to be doing is having people going to
meetings and talking to each other. We have to have a better ability of
our computers to talk, a more organized structure, because we cannot
afford to make errors.
We understand, and this House is recognizing, the fact that these
agencies that have been put together under Homeland Security have
multiple missions. There are narcotics missions, there are search and
rescue under the Coast Guard, there are fisheries missions, there are
immigration missions within these Departments, and there are going to
be some stovepipes; but they all have valuable information, and we need
to get this better coordinated so we can be more effective and safer as
a Nation.
I hope everyone will support this amendment. I do not see any reason
why anybody would not. I appreciate the support on the minority side as
well as the majority side.
Mr. Chairman, I yield back the balance of my time.
Mr. TURNER of Texas. Mr. Chairman, I yield myself the remaining time.
Again, I thank the gentleman from Indiana for bringing the amendment
forward. As I said, it is something that should have been done under
the law we passed 2 years ago when we passed the Homeland Security Act.
To show my colleagues how bad it is, the minority members of our
Select Committee on Homeland Security did a 6-month investigation on
the southern border and issued this report just last month:
``Transforming The Southern Border.'' One of the many facts that was
laid out and discovered as we did this report is that today, a border
inspector watching people come across our border has to search eight
different databases to find out whether they have a suspected terrorist
before them.
So I support the Souder amendment.
The CHAIRMAN pro tempore (Mr. Nethercutt). All time has expired.
The question is on the amendment offered by the gentleman from
Indiana (Mr. Souder).
[[Page H8850]]
The question was taken; and the Chairman pro tempore announced that
the ayes appeared to have it.
Mr. HOEKSTRA. Mr. Chairman, I demand a recorded vote, and pending
that, I make the point of order that a quorum is not present.
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Indiana (Mr.
Souder) will be postponed.
The point of no quorum is considered withdrawn.
Sequential Votes Postponed in the Committee of the Whole
The CHAIRMAN pro tempore. Pursuant to clause 6 of rule XVIII,
proceedings will now resume on those amendments on which further
proceedings were postponed in the following order: amendment in the
nature of a substitute offered by Mr. Menendez of New Jersey; amendment
offered by Mr. Souder of Indiana.
The Chair will reduce to 5 minutes the time for the second vote.
Amendment No. 1 in the Nature of a Substitute Offered by Mr. Menendez
The CHAIRMAN pro tempore. The pending business is the demand for a
recorded vote on the amendment in the nature of a substitute offered by
the gentleman from New Jersey (Mr. Menendez) on which further
proceedings were postponed and on which the noes prevailed by voice
vote.
The Clerk will redesignate the amendment in the nature of a
substitute.
The Clerk redesignated the amendment in the nature of a substitute.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The vote was taken by electronic device, and there were--ayes 203,
noes 213, not voting 17, as follows:
[Roll No. 510]
AYES--203
Abercrombie
Ackerman
Allen
Andrews
Baca
Baird
Baldwin
Becerra
Bell
Berkley
Berman
Berry
Bishop (GA)
Bishop (NY)
Blumenauer
Boswell
Boucher
Boyd
Brady (PA)
Brown (OH)
Brown, Corrine
Butterfield
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Case
Castle
Chandler
Clay
Clyburn
Conyers
Cooper
Costello
Cramer
Crowley
Cummings
Davis (AL)
Davis (CA)
Davis (FL)
Davis (IL)
Davis (TN)
DeFazio
DeGette
Delahunt
DeLauro
Deutsch
Dicks
Dingell
Doggett
Dooley (CA)
Doyle
Edwards
Emanuel
Engel
Eshoo
Etheridge
Evans
Farr
Fattah
Ferguson
Ford
Fossella
Frank (MA)
Frost
Gonzalez
Gordon
Green (TX)
Grijalva
Gutierrez
Harman
Hastings (FL)
Herseth
Hill
Hinchey
Hinojosa
Hoeffel
Holden
Holt
Honda
Hooley (OR)
Hoyer
Inslee
Israel
Jackson (IL)
Jackson-Lee (TX)
Jefferson
John
Johnson (IL)
Johnson, E. B.
Jones (OH)
Kanjorski
Kaptur
Kennedy (RI)
Kildee
Kilpatrick
Kind
Kleczka
Kucinich
Lampson
Langevin
Lantos
Larsen (WA)
Larson (CT)
Leach
Lee
Levin
Lewis (GA)
Lofgren
Lowey
Lucas (KY)
Lynch
Maloney
Markey
Matheson
Matsui
McCarthy (MO)
McCarthy (NY)
McCollum
McDermott
McGovern
McIntyre
McNulty
Meehan
Meek (FL)
Meeks (NY)
Menendez
Michaud
Miller (NC)
Miller, George
Mollohan
Moore
Moran (VA)
Nadler
Napolitano
Neal (MA)
Oberstar
Obey
Olver
Owens
Pallone
Pascrell
Pastor
Payne
Pelosi
Peterson (MN)
Pomeroy
Price (NC)
Quinn
Rahall
Rangel
Reyes
Rodriguez
Ross
Rothman
Roybal-Allard
Ruppersberger
Rush
Ryan (OH)
Sabo
Sanchez, Linda T.
Sanchez, Loretta
Sanders
Sandlin
Schakowsky
Schiff
Scott (GA)
Scott (VA)
Serrano
Shays
Sherman
Simmons
Skelton
Smith (WA)
Snyder
Solis
Spratt
Stenholm
Strickland
Stupak
Tanner
Tauscher
Taylor (MS)
Thompson (CA)
Thompson (MS)
Tierney
Turner (TX)
Udall (CO)
Udall (NM)
Van Hollen
Velazquez
Visclosky
Waters
Watson
Watt
Waxman
Weiner
Wexler
Woolsey
Wu
Wynn
NOES--213
Aderholt
Akin
Alexander
Bachus
Ballenger
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Biggert
Bilirakis
Bishop (UT)
Blackburn
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Bradley (NH)
Brady (TX)
Brown (SC)
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Carter
Chabot
Chocola
Coble
Cole
Collins
Cox
Crane
Crenshaw
Cubin
Culberson
Cunningham
Davis, Jo Ann
Davis, Tom
Deal (GA)
DeLay
DeMint
Diaz-Balart, L.
Diaz-Balart, M.
Doolittle
Dreier
Duncan
Dunn
Ehlers
Emerson
English
Everett
Feeney
Flake
Foley
Forbes
Franks (AZ)
Frelinghuysen
Gallegly
Garrett (NJ)
Gerlach
Gibbons
Gilchrest
Gillmor
Gingrey
Goode
Goodlatte
Granger
Graves
Green (WI)
Greenwood
Gutknecht
Hall
Harris
Hart
Hastert
Hastings (WA)
Hayes
Hayworth
Hefley
Hensarling
Herger
Hobson
Hoekstra
Hostettler
Hulshof
Hunter
Hyde
Isakson
Issa
Istook
Jenkins
Johnson (CT)
Johnson, Sam
Jones (NC)
Keller
Kelly
Kennedy (MN)
King (IA)
King (NY)
Kingston
Kirk
Kline
Knollenberg
Kolbe
LaHood
Latham
LaTourette
Lewis (CA)
Lewis (KY)
Linder
LoBiondo
Lucas (OK)
Manzullo
Marshall
McCotter
McCrery
McHugh
McInnis
McKeon
Mica
Miller (FL)
Miller (MI)
Miller, Gary
Moran (KS)
Murphy
Musgrave
Myrick
Nethercutt
Neugebauer
Ney
Northup
Nunes
Nussle
Osborne
Ose
Otter
Oxley
Pearce
Pence
Peterson (PA)
Petri
Pickering
Pitts
Platts
Pombo
Porter
Portman
Pryce (OH)
Putnam
Radanovich
Ramstad
Regula
Rehberg
Renzi
Reynolds
Rogers (AL)
Rogers (KY)
Rogers (MI)
Rohrabacher
Royce
Ryan (WI)
Ryun (KS)
Saxton
Schrock
Sensenbrenner
Sessions
Shadegg
Shaw
Sherwood
Shimkus
Shuster
Simpson
Smith (MI)
Smith (NJ)
Smith (TX)
Souder
Stearns
Sullivan
Sweeney
Tancredo
Taylor (NC)
Terry
Thomas
Thornberry
Tiahrt
Tiberi
Toomey
Turner (OH)
Upton
Vitter
Walden (OR)
Walsh
Wamp
Weldon (FL)
Weldon (PA)
Weller
Whitfield
Wicker
Wilson (NM)
Wilson (SC)
Wolf
Young (AK)
Young (FL)
NOT VOTING--17
Baker
Boehlert
Filner
Gephardt
Houghton
Lipinski
Majette
Millender-McDonald
Murtha
Norwood
Ortiz
Paul
Ros-Lehtinen
Slaughter
Stark
Tauzin
Towns
{time} 0001
Messrs. BURTON of Indiana, DREIER and THOMAS changed their vote from
``aye'' to ``no.''
Mr. KANJORSKI changed his vote from ``no'' to ``aye.''
So the amendment in the nature of a substitute was rejected.
The result of the vote was announced as above recorded.
Amendment No. 3 Offered by Mr. Souder
The CHAIRMAN. The pending business is the demand for a recorded vote
on the amendment offered by the gentleman from Indiana (Mr. Souder) on
which further proceedings were postponed and on which the ayes
prevailed by voice vote.
The Clerk will redesignate the amendment.
The Clerk redesignated the amendment.
Recorded Vote
The CHAIRMAN pro tempore. A recorded vote has been demanded.
A recorded vote was ordered.
The CHAIRMAN pro tempore. This will be a 5-minute vote.
The vote was taken by electronic device, and there were--ayes 410,
noes 0, not voting 22, as follows:
[Roll No. 511]
AYES--410
Abercrombie
Ackerman
Aderholt
Akin
Alexander
Allen
Andrews
Baca
Bachus
Baird
Baldwin
Barrett (SC)
Bartlett (MD)
Barton (TX)
Bass
Beauprez
Becerra
Bell
Berkley
Berman
Berry
Biggert
Bilirakis
Bishop (GA)
Bishop (NY)
Bishop (UT)
Blackburn
Blumenauer
Blunt
Boehner
Bonilla
Bonner
Bono
Boozman
Boswell
Boucher
Boyd
Bradley (NH)
Brady (PA)
Brady (TX)
Brown (OH)
Brown (SC)
Brown, Corrine
Brown-Waite, Ginny
Burgess
Burns
Burr
Burton (IN)
Butterfield
Buyer
Calvert
Camp
Cannon
Cantor
Capito
Capps
Capuano
Cardin
Cardoza
Carson (IN)
Carson (OK)
Carter
Case
Castle
Chabot
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Diaz-Balart, M.
Dicks
[[Page H8851]]
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NOT VOTING--22
Baker
Ballenger
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Collins
Filner
Gephardt
Houghton
Kleczka
Lipinski
Majette
Millender-McDonald
Murtha
Norwood
Ortiz
Paul
Ros-Lehtinen
Schrock
Slaughter
Smith (MI)
Stark
Tauzin
Towns
{time} 0010
So the amendment was agreed to.
The result of the vote was announced as above recorded.
Mr. SESSIONS. Mr. Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Gerlach) having assumed the chair, Mr. Nethercutt, Chairman pro tempore
of the Committee of the Whole House on the State of the Union, reported
that that Committee, having had under consideration the bill (H.R. 10)
to provide for reform of the intelligence community, terrorism
prevention and prosecution, border security, and international
cooperation and coordination, and for other purposes, had come to no
resolution thereon.
____________________