[House Report 108-751]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-751
======================================================================

 
     PROVIDING FOR CONSIDERATION OF H.R. 10, 9/11 RECOMMENDATIONS 
                           IMPLEMENTATION ACT

                                _______
                                

 October 7 (legislative day, October 6), 2004.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 827]

    The Committee on Rules, having had under consideration 
House Resolution 827, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 10, the 
9/11 Recommendation Implementation Act, under a structured 
rule. The rule provides three hours and forty minutes of 
general debate on H.R. 10, with 40 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Permanent Select Committee on Intelligence, 30 minutes equally 
divided and con
trolled by the chairman and ranking minority member of the Com
mittee on Armed Services, 30 minutes equally divided and con
trolled by the chairman and ranking minority member of the Com
mittee on Financial Services, 30 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on Government Reform, 30 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on the Judiciary, 20 minutes equally divided and 
controlled by the chairman and ranking minority member of the 
Committee on International Relations, 20 minutes equally 
divided and controlled by the chairman and ranking minority 
member of the Committee on Transportation and Infrastructure, 
and 20 minutes equally divided and controlled by the chairman 
and ranking minority member of the Select Committee on Homeland 
Security. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment in the nature of a 
substitute consisting of the text of the Rules Committee Print 
dated October 4, 2004 shall be considered as an original bill 
for the purpose of amendment and shall be considered as read. 
The rule waives all points of order against the amendment in 
the nature of a substitute consisting of the text of the Rules 
Committee Print.
    The rule makes in order only those further amendments 
printed in this report. The rule provides that the amendments 
printed in this report may be offered only in the order printed 
in this report, may be offered only by a Member designated in 
this report, shall be considered as read, shall be debatable 
for the time specified in this 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 
a division of the question in the House or in the Committee of 
the Whole. The rule waives all points of order against the 
amendments printed in this report. The rule provides one motion 
to recommit with or without instructions.
    Section 2 of the rule provides that upon passage of H.R. 
10, and the Senate transmittal of S. 2845, the House shall be 
considered to have taken from the Speaker's table, S. 2845, 
stricken all after the enacting clause of such bill and 
inserted in lieu thereof the provisions of H.R. 10, as passed 
by the House. Section 2 further provides that the House shall 
be considered to have passed the Senate bill as so amended, and 
insisted on its amendment and requested a conference with the 
Senate thereon. The Speaker may appoint conferees on S. 2845 
and the House amendment thereto at any time.
    Finally, Section 3 of the rule provides that the motion to 
instruct conferees otherwise in order pending the appointment 
of conferees instead shall be in order only at a time 
designated by the Speaker in the legislative schedule within 
two additional legislative days after passage of H.R. 10.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee record vote No. 324

    Date: October 7, 2004 (legislative day of October 6, 2004).
    Measure: H.R. 10, 9/11 Recommendations Implementation Act.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order and provide the 
appropriate waivers for the amendment offered by Representative 
Hyde which strikes sections 3006, 3007 and 3032. This amendment 
deletes provisions which amend the Immigration and Nationality 
Act regarding asylum, refugee, and torture issues.
    Results: Defeated 2 to 7.
    Vote by Members: Linder Pryce--Nay; Diaz-Balart--Nay; 
Hastings (WA)--Nay; Myrick Sessions--Nay; Reynolds--Nay; 
Putnam--Nay; Frost Slaughter McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by amendment 
sponsors.)
    1. Menendez: Amendment in the nature of a substitute. 
Merges two bills endorsed by the 9/11 Commission: Collins/
Lieberman (S. 2845) as reported from the Senate Government 
Affairs Committee, and McCain/Lieberman (S. 2774) as introduced 
on September 7. Establishes a National Intelligence Director 
and makes improvements in intelligence activities, modifies 
laws relating to intelligence community management, establishes 
diplomatic means and provides foreign aid to combat terrorism, 
provides an integrated screening system and improves 
counterterrorist travel intelligence, enhances transportation 
security, provides resources to improve national preparedness 
and assist local first responders, and establishes a Privacy 
and Civil Liberties Oversight Board. (60 minutes)
    2. Simmons: Seeks to express the sense of Congress that the 
new National Intelligence Director (NID) should establish an 
Open Source Intelligence (OSINT) Center. Directs the NID to 
report to Congress whether or not an OSINT Center will be 
established and to justify the reasons for or against its 
establishment. (10 minutes)
    3. Souder: Directs the Secretary of Homeland Security to 
ensure that all appropriate personnel engaged in security 
screening of individuals have access to law enforcement and 
intelligence information maintained by DHS. Provides Congress 
with an overview of all the agencies, databases, and other 
capabilities that exist within the Department involved in 
intelligence relating to terrorism, drug trafficking, illegal 
immigration, screening, investigations, and inspection of goods 
or individuals entering the United States. Requires the 
Secretary to submit a plan to Congress within 180 days on 
actions taken and plans in place to improve access and the flow 
of information. (10 minutes)
    4. Kirk: Requires the President to submit a report to the 
congressional intelligence committees detailing how the Drug 
Enforcement Administration can be integrated into the 
intelligence community. Although DEA Agents are gathering 
intelligence on al Qaeda's involvement in narcoterrorism, 
currently they are not officially part of the intelligence 
community. (10 minutes)
    5. Sessions: Establishes a ``zero tolerance'' policy 
towards the unlawful importation, possession, or transfer of 
shoulder fired guided missiles (MANPADS), atomic weapons, dirty 
bombs, and variola (smallpox) virus by making their 
unauthorized possession a federal crime carrying stiff 
mandatory penalties. (10 minutes)
    6. Bonilla: Directs the Secretary of Homeland Security to 
increase Detention and Removal Operations (DRO) bed space for 
FY06 and FY07 by 2,500 beds each year. (10 minutes)
    7. Capito: Revises, enhances and consolidates two Federal 
criminal law statutes into one comprehensive statute in order 
to deter, and more effectively punish, terrorist acts against 
railroad carriers and mass transportation providers. (10 
minutes)
    8. Carter: Amends the Federal criminal code to apply the 
death penalty or life imprisonment for a terrorist offense that 
results in the death of a person. (10 minutes)
    9. Castle: Eliminates civil liability barriers to donations 
of surplus firefighting equipment by raising the liability 
standard for donors. (10 minutes)
    10. Foley: Amends the Immigration and Nationality Act to 
provide for the inadmissibility and removability of aliens who 
have committed, ordered, assisted, incited, or otherwise 
participated in acts of torture of extrajudicail killings 
abroad. (10 minutes)
    11. Goodlatte: Creates a rebuttable presumption that no 
amount of bail or other conditions would assure the appearance 
in court of a defendant when he is charged with a terrorist 
offense and there is probable cause that the defendant 
committed certain terrorist attacks. Helps to prevent further 
terrorist acts by giving judges the discretion to impose up to 
lifetime supervision of terrorists who have been convicted of 
terrorist offenses. (10 minutes)
    12. Green (WI)/Hostettler: Strengthens immigration law in 
regard to the inadmissibility and deportability of alien 
terrorists and their supporters. Provides that all terrorist-
related grounds of inadmissibility would also be grounds of 
deportability. Makes attending a terrorist training camp an 
inadmissible and deportable offense. Strengthens the grounds of 
inadmissibility and deportability regarding providing money or 
other material support to a terrorist organization. (10 
minutes)
    13. Hostettler: Modifies sections 3006, 3007, and 3032 of 
the bill. Modifies section 3006 by allowing any alien who is 
subject to expedited removal to ask for asylum. Modifies 
section 3007 to provide that aliens suspected of being 
terrorists by their home governments can receive asylum onlyif 
they can show that a central reason for the actions taken 
against them was animus on account of race, social group, sex, 
or political opinion. In order to protect the United States 
from aliens who threaten the national security or endanger the 
lives and safety of the American people, this amendment would 
replace section 3032 by substituting language providing that 
aliens who are barred from restriction on removal and who are 
ordered removed can be detained pending removal, in the 
Secretary of Homeland Security's nonreviewable discretion. In 
making this determination, the Secretary should consider the 
length of sentence and severity of the offense, the loss and 
injury to the victim and the future risk the alien poses to the 
community. The replacement language would also require the 
Secretary of State to ensure the protection of an alien barred 
from restriction on removal, who has been ordered removed but 
otherwise givenprotection under the immigration law, prior to 
that alien's removal. (10 minutes)
    14. Smith (NJ): Strikes section 3006. Section 3006 requires 
expedited removal of aliens that have been present for less 
than 5 years without a hearing or future review. (10 minutes)
    15. Smith (NJ): Strikes section 3007. Section 3007 
diminishes asylum rights and refugee protections. (10 minutes)
    16. Barton: Sense of Congress that the only way to make 
additional broadcast spectrum available promptly for critical 
public safety needs is to eliminate the ``85 percent 
penetration'' test and make December 31, 2006 the date certain 
for return of the spectrum. (10 minutes)
    17. Ose: Expedites construction of two gaps in the 14 mile 
long barrier at the San Diego Border. (10 minutes)
    18. Fossella/Stupak: Authorizes the Secretary of Homeland 
Security to issue three year letters of intent to commit future 
funding, as it becomes available from existing grant programs, 
for purposes of enhancing public safety interoperable 
communications pursuant to a five year interoperable 
communications plan. (10 minutes)
    19. Weldon (PA)/Andrews: Requires the Secretary of Homeland 
Security to establish a program that identifies and catalogs 
existing mutual agreements, disseminates examples of best 
practices in the development of such agreements, and 
inventories Federal response capabilities that State and local 
officials may utilize during a terrorist attack or other 
emergency. (10 minutes)
    20. Mica: Requires Immigration and Custom Enforcement (ICE) 
and Customs and Border Protection (CBP) to check international 
passenger names against the watch list prior to the flight 
taking off. Assists passengers who are incorrectly placed on 
the ``no fly'' list and terrorist watch lists. Authorizes the 
Secretary of Homeland Security to take such action as may be 
necessary to expedite the installation and use of advanced in-
line baggage-screening equipment at commercial airports. (10 
minutes)
    21. Barlett: Directs the Director of Homeland Security to 
establish an independent panel to assess the homeland security 
needs of the National Capital Region. Requires the panel to: 
(1) determine whether the definition of National Capital Region 
used by the Department of Homeland Security should be modified 
to include additional areas, including jurisdictions in 
Maryland and Virginia along Interstate Routes 270, 95, and 66; 
and (2) determine whether those jurisdictions should be taking 
actions to prepare for a terrorist attack in the Region, 
including the construction of necessary facilities, and if so, 
to make recommendations for appropriate funding. (10 minutes)
    22. Shadegg: Requires the Secretary of Homeland Security, 
in consultation with the Attorney General, heads of other 
appropriate Federal agencies, the National Association of State 
Chief Information Officers, and other stakeholders with respect 
to public warning systems, to conduct a pilot study under which 
the Secretary may issue public warnings regarding threats to 
homeland security using a warning system that is similar to the 
AMBER Alert communications network, and report back within nine 
months on findings and recommendations. (10 minutes)
    23. Porter: Promotes the Special Assistant to the Secretary 
for the Private Sector to an Undersecretary of Homeland 
Security for the Private Sector and Tourism. Makes the 
Undersecretary for the Private Sector and Tourism liaise with 
the Commerce Department on ways to increase tourism to the 
United States. Requires the Office of State and Local 
Government in the Department of Homeland Security to keep the 
Undersecretary advised of any activities that impact the 
private sector. (10 minutes)

                    TEXT OF AMENDMENTS MADE IN ORDER

    1. An Amendment in the Nature of a Substitute to be Offered by 
Representative Menendez of New Jersey, or His Designee, To Be Debatable 
                             for 60 Minutes

  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.
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 
                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;
                  (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
          (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.
  (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.
  (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 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.

   Subtitle D--Additional Elements of National Intelligence Authority

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

  (a) Office of Inspector General of National Intelligence 
Authority.--There is within the National Intelligence Authority 
an Office of the Inspector General of the National Intelligence 
Authority.
  (b) Purpose.--The purpose of the Office of the Inspector 
General of the National Intelligence Authority is to--
          (1) create an objective and effective office, 
        appropriately accountable to Congress, to initiate and 
        conduct independently investigations, inspections, and 
        audits relating to--
                  (A) the programs and operations of the 
                National Intelligence Authority;
                  (B) the relationships among the elements of 
                the intelligence community within the National 
                Intelligence Program; and
                  (C) the relationships between the elements of 
                the intelligence community within the National 
                Intelligence Program and the other elements of 
                the intelligence community;
          (2) recommend policies designed--
                  (A) to promote economy, efficiency, and 
                effectiveness in the administration of such 
                programs and operations, and in such 
                relationships; and
                  (B) to prevent and detect fraud and abuse in 
                such programs, operations, and relationships;
          (3) provide a means for keeping the National 
        Intelligence Director fully and currently informed 
        about--
                  (A) problems and deficiencies relating to the 
                administration of such programs and operations, 
                and to such relationships; and
                  (C) the necessity for, and the progress of, 
                corrective actions; and
          (4) in the manner prescribed by this section, ensure 
        that the congressional intelligence committees are kept 
        similarly informed of--
                  (A) significant problems and deficiencies 
                relating to the administration of such programs 
                and operations, and to such relationships; and
                  (B) the necessity for, and the progress of, 
                corrective actions.
  (c) Inspector General of National Intelligence Authority.--
(1) There is an Inspector General of the National Intelligence 
Authority, who shall be the head of the Office of the Inspector 
General of the National Intelligence Authority, who shall be 
appointed by the President, by and with the advice and consent 
of the Senate.
  (2) The nomination of an individual for appointment as 
Inspector General shall be made--
          (A) without regard to political affiliation;
          (B) solely on the basis of integrity, compliance with 
        the security standards of the National Intelligence 
        Authority, and prior experience in the field of 
        intelligence or national security; and
          (C) on the basis of demonstrated ability in 
        accounting, financial analysis, law, management 
        analysis, public administration, or auditing.
  (3) The Inspector General shall report directly to and be 
under the general supervision of the National Intelligence 
Director.
  (4) The Inspector General may be removed from office only by 
the President. The President shall immediately communicate in 
writing to the congressional intelligence committees the 
reasons for the removal of any individual from the position of 
Inspector General.
  (d) Duties and Responsibilities.--It shall be the duty and 
responsibility of the Inspector General of the National 
Intelligence Authority--
          (1) to provide policy direction for, and to plan, 
        conduct, supervise, and coordinate independently, the 
        investigations, inspections, and audits relating to the 
        programs and operations of the National Intelligence 
        Authority, the relationships among the elements of the 
        intelligence community within the National Intelligence 
        Program, and the relationships between the elements of 
        the intelligence community within the National 
        Intelligence Program and the other elements of the 
        intelligence community to ensure they are conducted 
        efficiently and in accordance with applicable law and 
        regulations;
          (2) to keep the National Intelligence Director fully 
        and currently informed concerning violations of law and 
        regulations, violations of civil liberties and privacy, 
        and fraud and other serious problems, abuses, and 
        deficiencies that may occur in such programs and 
        operations, and in such relationships, and to report 
        the progress made in implementing corrective action;
          (3) to take due regard for the protection of 
        intelligence sources and methods in the preparation of 
        all reports issued by the Inspector General, and, to 
        the extent consistent with the purpose and objective of 
        such reports, take such measures as may be appropriate 
        to minimize the disclosure of intelligence sources and 
        methods described in such reports; and
          (4) in the execution of the duties and 
        responsibilities under this section, to comply with 
        generally accepted government auditing standards.
  (e) Limitations on Activities.--(1) The National Intelligence 
Director may prohibit the Inspector General of the National 
Intelligence Authority from initiating, carrying out, or 
completing any investigation, inspection, or audit if the 
Director determines that such prohibition is necessary to 
protect vital national security interests of the United States.
  (2) If the Director exercises the authority under paragraph 
(1), the Director shall submit an appropriately classified 
statement of the reasons for the exercise of such authority 
within seven days to the congressional intelligence committees.
  (3) The Director shall advise the Inspector General at the 
time a report under paragraph (1) is submitted, and, to the 
extent consistent with the protection of intelligence sources 
and methods, provide the Inspector General with a copy of such 
report.
  (4) The Inspector General may submit to the congressional 
intelligence committees any comments on a report of which the 
Inspector General has notice under paragraph (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 affidavitwhen 
administered or taken by or before an employee of the Office of the 
Inspector General of the National Intelligence Authority designated by 
the Inspector General shall have the same force and effect as if 
administered or taken by or before an officer having a seal.
  (5)(A) Except as provided in subparagraph (B), the Inspector 
General is authorized to require by subpoena the production of 
all information, documents, reports, answers, records, 
accounts, papers, and other data and documentary evidence 
necessary in the performance of the duties and responsibilities 
of the Inspector General.
  (B) In the case of departments, agencies, and other elements 
of the United States Government, the Inspector General shall 
obtain information, documents, reports, answers, records, 
accounts, papers, and other data and evidence for the purpose 
specified in subparagraph (A) using procedures other than by 
subpoenas.
  (C) The Inspector General may not issue a subpoena for or on 
behalf of any other element or component of the Authority.
  (D) In the case of contumacy or refusal to obey a subpoena 
issued under this paragraph, the subpoena shall be enforceable 
by order of any appropriate district court of the United 
States.
  (g) Staff and Other Support.--(1) The Inspector General of 
the National Intelligence Authority shall be provided with 
appropriate and adequate office space at central and field 
office locations, together with such equipment, office 
supplies, maintenance services, and communications facilities 
and services as may be necessary for the operation of such 
offices.
  (2)(A) Subject to applicable law and the policies of the 
National Intelligence Director, the Inspector General shall 
select, appoint and employ such officers and employees as may 
be necessary to carry out the functions of the Inspector 
General.
  (B) In making selections under subparagraph (A), the 
Inspector General shall ensure that such officers and employees 
have the requisite training and experience to enable the 
Inspector General to carry out the duties of the Inspector 
General effectively.
  (C) In meeting the requirements of this paragraph, the 
Inspector General shall create within the Office of the 
Inspector General of the National Intelligence Authority a 
career cadre of sufficient size to provide appropriate 
continuity and objectivity needed for the effective performance 
of the duties of the Inspector General.
  (3)(A) Subject to the concurrence of the Director, the 
Inspector General may request such information or assistance as 
may be necessary for carrying out the duties and 
responsibilities of the Inspector General from any department, 
agency, or other element of the United States Government.
  (B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department, 
agency, or element concerned shall, insofar as is practicable 
and not in contravention of any existing statutory restriction 
or regulation of the department, agency, or element, furnish to 
the Inspector General, or to an authorized designee, such 
information or assistance.
  (h) Reports.--(1)(A) The Inspector General of the National 
Intelligence Authority shall, not later than January 31 and 
July 31 of each year, prepare and submit to the National 
Intelligence Director a classified semiannual report 
summarizing the activities of the Office of the Inspector 
General of the National Intelligence Authority during the 
immediately preceding six-month periods ending December 31 (of 
the preceding year) and June 30, respectively.
  (B) Each report under this paragraph shall include, at a 
minimum, the following:
          (i) A list of the title or subject of each 
        investigation, inspection, or audit conducted during 
        the period covered by such report.
          (ii) A description of significant problems, abuses, 
        and deficiencies relating to the administration of 
        programs and operations of the National Intelligence 
        Authority identified by the Inspector General during 
        the period covered by such report.
          (iii) A description of the recommendations for 
        corrective action made by the Inspector General during 
        the period covered by such report with respect to 
        significant problems, abuses, or deficiencies 
        identified in clause (ii).
          (iv) A statement whether or not corrective action has 
        been completed on each significant recommendation 
        described in previous semiannual reports, and, in a 
        case where corrective action has been completed, a 
        description of such corrective action.
          (v) An assessment of the effectiveness of all 
        measures in place in the Authority for the protection 
        of civil liberties and privacy of United States 
        persons.
          (vi) A certification whether or not the Inspector 
        General has had full and direct access to all 
        information relevant to the performance of the 
        functions of the Inspector General.
          (vii) A description of the exercise of the subpoena 
        authority under subsection (f)(5) by the Inspector 
        General during the period covered by such report.
          (viii) Such recommendations as the Inspector General 
        considers appropriate for legislation to promote 
        economy and efficiency in the administration of 
        programs and operations undertaken by the Authority, 
        and to detect and eliminate fraud and abuse in such 
        programs and operations.
  (C) Not later than the 30 days after the date of receipt of a 
report under subparagraph (A), the Director shall transmit the 
report to the congressional intelligence committees together 
with any comments the Director considers appropriate.
  (2)(A) The Inspector General shall report immediately to the 
Director whenever the Inspector General becomes aware of 
particularly serious or flagrant problems, abuses, or 
deficiencies relating to the administration of programs or 
operations of the Authority, a relationship between the 
elements of the intelligence community within the National 
Intelligence Program, ora 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.

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

SEC. 303. OTHER CONFORMING AMENDMENTS

  (a) National Security Act of 1947.--(1) Section 101(j) of the 
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by 
striking ``Deputy Director of Central Intelligence'' and 
inserting ``Principal Deputy National Intelligence Director''.
  (2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is 
amended by striking ``section 103(c)(6) of this Act'' and 
inserting ``section 112(a)(11) of the National Intelligence 
Reform Act of 2004''.
  (3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended 
by striking ``to the Deputy Director of Central Intelligence, 
or with respect to employees of the Central Intelligence 
Agency, the Director may delegate such authority to the Deputy 
Director for Operations'' and inserting ``to the Principal 
Deputy National Intelligence Director, or, with respect to 
employees of the Central Intelligence Agency, to the Director 
of the Central Intelligence Agency''.
  (4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is 
amended by striking ``Reserve for Contingencies of the Central 
Intelligence Agency'' and inserting ``Reserve for Contingencies 
of the National Intelligence Director''.
  (5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) 
is amended by striking ``Office of the Deputy Director of 
Central Intelligence'' and inserting ``Office of the National 
Intelligence Director''.
  (6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is 
amended by striking ``or the Office of the Director of Central 
Intelligence'' and inserting ``the Office of the Director of 
the Central Intelligence Agency, or the Office of the National 
Intelligence Director''.
  (7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is 
amended by striking ``Assistant Director of Central 
Intelligence for Administration'' and inserting ``Office of the 
National Intelligence Director''.
  (b) Central Intelligence Agency Act of 1949.--Section 6 of 
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is 
amended by striking ``section 103(c)(7) of the National 
Security Act of 1947 (50 U.S.C. 403-3(c)(7))'' and inserting 
``section 112(a)(11) of the National Intelligence Reform Act of 
2004''.
  (c) Central Intelligence Agency Retirement Act.--Section 
201(c) of the Central Intelligence Agency Retirement Act (50 
U.S.C. 2011(c)) is amended by striking ``paragraph (6) of 
section 103(c) of the National Security Act of 1947 (50 U.S.C. 
403-3(c)) that the Director of Central Intelligence'' and 
inserting ``section 112(a)(11) of the National Intelligence 
Reform Act of 2004 that the National Intelligence Director''.
  (d) Intelligence Authorization Acts.--
          (1) Public law 107-306.--Section 343(c) of the 
        Intelligence Authorization Act for Fiscal Year 2003 
        (Public Law 107-306; 50 U.S.C. 404n-2(c)) is amended by 
        striking ``section 103(c)(6) of the National Security 
        Act of 1947 (50 U.S.C. 403-3((c)(6))'' and inserting 
        ``section 112(a)(11) of the National Intelligence 
        Reform Act of 2004''.
          (2) Public law 108-177.--Section 317 of the 
        Intelligence Authorization Act for Fiscal Year 2004 
        (Public Law 108-177; 50 U.S.C. 403-3 note) is amended--
                  (A) in subsection (g), by striking 
                ``Assistant Director of Central Intelligence 
                for Analysis and Production'' and inserting 
                ``Principal Deputy National Intelligence 
                Director''; and
                  (B) in subsection (h)(2)(C), by striking 
                ``Assistant Director'' and inserting 
                ``Principal Deputy National Intelligence 
                Director''.

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

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

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

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

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

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

   ``RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE 
                    NATIONAL INTELLIGENCE PROGRAM''.

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

   ``SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM BUDGET AMOUNTS FOR 
     COUNTERTERRORISM, COUNTERPROLIFERATION, COUNTERNARCOTICS, AND 
                         COUNTERINTELLIGENCE''.

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

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

SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 311. CONFORMING AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.

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

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

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

                 Subtitle B--Transfers and Terminations

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

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

SEC. 322. TRANSFER OF NATIONAL COUNTERTERRORISM EXECUTIVE.

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

SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.

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

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

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

                  Subtitle C--Other Transition Matters

SEC. 331. EXECUTIVE SCHEDULE MATTERS.

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

SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.

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

SEC. 333. REORGANIZATION.

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

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

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

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

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

SEC. 336. GENERAL REFERENCES.

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

                       Subtitle D--Effective Date

SEC. 341. EFFECTIVE DATE.

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

                       Subtitle E--Other Matters

SEC. 351. SEVERABILITY.

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

SEC. 352. AUTHORIZATION OF APPROPRIATIONS.

  There are specifically authorized to be appropriated for 
fiscal year 2005 such sums as may be necessary to carry out 
this Act and the amendments made by this Act.

                     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;
                  (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--
                  (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.--
          (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.
          (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 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.
                  (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.
          (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;
          (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.
          (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.
  (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
                          (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 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.
                  (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 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.
          (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;
                  (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 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.
                              ----------                              


2. An Amendment To Be Offered by Representative Simmons of Connecticut, 
            or His Designee, To Be Debatable for 10 Minutes

  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.
                              ----------                              


 3. An Amendment To Be Offered by Representative Souder of Indiana, or 
              His Designee, To Be Debatable for 10 Minutes

  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.
                              ----------                              


 4. An Amendment To Be Offered by Representative Kirk of Illinois, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 60, after line 9, insert the following new section:

SEC. 1018. REPORT ON INTEGRATION OF DRUG ENFORCEMENT AGENCY INTO THE 
                    INTELLIGENCE COMMUNITY.

  (a) Report.--Not later than 120 days after the date of 
enactment of this Act, the President shall submit to the 
appropriate congressional committees a report on the 
practicality of integrating the Drug Enforcement Administration 
into the intelligence community.
  (b) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means--
          (1) the Permanent Select Committee on Intelligence of 
        the House of Representatives and the Select Committee 
        on Intelligence of the Senate; and
          (2) the Committees on the Judiciary of the House of 
        Representatives and the Senate.
                              ----------                              


 5. An Amendment To Be Offered by Representative Sessions of Texas, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of title II of the bill (page 235, after line 21), 
insert the following new subtitle:

 Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act 
                                of 2004

SECTION 2211. SHORT TITLE.

  This subtitle may be cited as the ``Prevention of Terrorist 
Access to Destructive Weapons Act of 2004''.

SEC. 2212. FINDINGS AND PURPOSE.

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

SEC. 2213. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.

  Chapter 113B of title 18, United States Code, is amended by 
adding after section 2332f the following:

``Sec. 2332g. Missile systems designed to destroy aircraft

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph 
        (3), it shall be unlawful for any person to knowingly 
        produce, construct, otherwise acquire, transfer 
        directly or indirectly, receive, possess, import, 
        export, or use, or possess and threaten to use--
                  ``(A) an explosive or incendiary rocket or 
                missile that is guided by any system designed 
                to enable the rocket or missile to--
                          ``(i) seek or proceed toward energy 
                        radiated or reflected from an aircraft 
                        or toward an image locating an 
                        aircraft; or
                          ``(ii) otherwise direct or guide the 
                        rocket or missile to an aircraft;
                  ``(B) any device designed or intended to 
                launch or guide a rocket or missile described 
                in subparagraph (A); or
                  ``(C) any part or combination of parts 
                designed or redesigned for use in assembling or 
                fabricating a rocket, missile, or device 
                described in subparagraph (A) or (B).
          ``(2) Nonweapon.--Paragraph (1)(A) does not apply to 
        any device that is neither designed nor redesigned for 
        use as a weapon.
          ``(3) Excluded conduct.--This subsection does not 
        apply with respect to--
                  ``(A) conduct by or under the authority of 
                the United States or any department or agency 
                thereof or of a State or any department or 
                agency thereof; or
                  ``(B) conduct pursuant to the terms of a 
                contract with the United States or any 
                department or agency thereof or with a State or 
                any department or agency thereof.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
          ``(2) the offense occurs outside of the United States 
        and is committed by a national of the United States;
          ``(3) the offense is committed against a national of 
        the United States while the national is outside the 
        United States;
          ``(4) the offense is committed against any property 
        that is owned, leased, or used by the United States or 
        by any department or agency of the United States, 
        whether the property is within or outside the United 
        States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing 
        an offense under this section or conspires with any 
        person over whom jurisdiction exists under this 
        subsection to commit an offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Any person who violates, or 
        attempts or conspires to violate, subsection (a) shall 
        be fined not more than $2,000,000 and shall be 
        sentenced to a term of imprisonment not less than 30 
        years or to imprisonment for life.
          ``(2) Life imprisonment.--Any person who, in the 
        course of a violation of subsection (a), uses, attempts 
        or conspires to use, or possesses and threatens to use, 
        any item or items described in subsection (a), shall be 
        fined not more than $2,000,000 and imprisoned for life.
          ``(3) Death penalty.--If the death of another results 
        from a person's violation of subsection (a), the person 
        shall be fined not more than $2,000,000 and punished by 
        death or imprisoned for life.
  ``(d) Definition.--As used in this section, the term 
`aircraft' has the definition set forth in section 40102(a)(6) 
of title 49, United States Code.''.

SEC. 2214. ATOMIC WEAPONS.

  (a) Prohibitions.--Section 92 of the Atomic Energy Act of 
1954 (42 U.S.C. 2122) is amended by--
          (1) inserting at the beginning ``a.'' before ``It'';
          (2) inserting ``knowingly'' after ``for any person 
        to'';
          (3) striking ``or'' before ``export'';
          (4) striking ``transfer or receive in interstate or 
        foreign commerce,'' before ``manufacture'';
          (5) inserting ``receive,'' after ``acquire,'';
          (6) inserting ``, or use, or possess and threaten to 
        use,'' before ``any atomic weapon'';
          (7) inserting at the end the following:
  ``b. Conduct prohibited by subsection a. is within the 
jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or 
        foreign commerce; the offense occurs outside of the 
        United States and is committed by a national of the 
        United States;
          ``(2) the offense is committed against a national of 
        the United States while the national is outside the 
        United States;
          ``(3) the offense is committed against any property 
        that is owned, leased, or used by the United States or 
        by any department or agency of the United States, 
        whether the property is within or outside the United 
        States; or
          ``(4) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing 
        an offense under this section or conspires with any 
        person over whom jurisdiction exists under this 
        subsection to commit an offense under this section.''.
  (b) Violations.--Section 222 of the Atomic Energy Act of 1954 
(42 U.S.C. 2272) is amended by--
          (1) inserting at the beginning ``a.'' before 
        ``Whoever'';
          (2) striking ``, 92,''; and
          (3) inserting at the end the following:
  ``b. Any person who violates, or attempts or conspires to 
violate, section 92 shall be fined not more than $2,000,000 and 
sentenced to a term of imprisonment not less than 30 years or 
to imprisonment for life. Any person who, in the course of a 
violation of section 92, uses, attempts or conspires to use, or 
possesses and threatens to use, any atomic weapon shall be 
fined not more than $2,000,000 and imprisoned for life. If the 
death of another results from a person's violation of section 
92, the person shall be fined not more than $2,000,000 and 
punished by death or imprisoned for life.''.

SEC. 2215. RADIOLOGICAL DISPERSAL DEVICES.

  Chapter 113B of title 18, United States Code, is amended by 
adding after section 2332g the following:

``Sec. 2332h. Radiological dispersal devices

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph 
        (2), it shall be unlawful for any person to knowingly 
        produce, construct, otherwise acquire, transfer 
        directly or indirectly, receive, possess, import, 
        export, or use, or possess and threaten to use--
                  ``(A) any weapon that is designed or intended 
                to release radiation or radioactivity at a 
                level dangerous to human life; or
                  ``(B) or any device or other object that is 
                capable of and designed or intended to endanger 
                human life through the release of radiation or 
                radioactivity.
          ``(2) Exception.--This subsection does not apply with 
        respect to--
                  ``(A) conduct by or under the authority of 
                the United States or any department or agency 
                thereof; or
                  ``(B) conduct pursuant to the terms of a 
                contract with the United States or any 
                department or agency thereof.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
          ``(2) the offense occurs outside of the United States 
        and is committed by a national of the United States;
          ``(3) the offense is committed against a national of 
        the United States while the national is outside the 
        United States;
          ``(4) the offense is committed against any property 
        that is owned, leased, or used by the United States or 
        by any department or agency of the United States, 
        whether the property is within or outside the United 
        States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing 
        an offense under this section or conspires with any 
        person over whom jurisdiction exists under this 
        subsection to commit an offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Any person who violates, or 
        attempts or conspires to violate, subsection (a) shall 
        be fined not more than $2,000,000 and shall sentenced 
        to a term of imprisonment not less than 30 years or to 
        imprisonment for life.
          ``(2) Life imprisonment.--Any person who, in the 
        course of a violation of subsection (a), uses, attempts 
        or conspires to use, or possesses and threatens to use, 
        any item or items described in subsection (a), shall be 
        fined not more than $2,000,000 and imprisoned for life.
          ``(3) Death penalty.--If the death of another results 
        from a person's violation of subsection (a), the person 
        shall be fined not more than $2,000,000 and punished by 
        death or imprisoned for life.''.

SEC. 2216. VARIOLA VIRUS.

  Chapter 10 of title 18, United States Code, is amended by 
inserting after section 175b the following:

``Sec. 175c. Variola virus

  ``(a) Unlawful Conduct.--
          ``(1) In general.--Except as provided in paragraph 
        (2), it shall be unlawful for any person to knowingly 
        produce, engineer, synthesize, acquire, transfer 
        directly or indirectly, receive, possess, import, 
        export, or use, or possess and threaten to use, variola 
        virus.
          ``(2) Exception.--This subsection does not apply to 
        conduct by, or under the authority of, the Secretary of 
        Health and Human Services.
  ``(b) Jurisdiction.--Conduct prohibited by subsection (a) is 
within the jurisdiction of the United States if--
          ``(1) the offense occurs in or affects interstate or 
        foreign commerce;
          ``(2) the offense occurs outside of the United States 
        and is committed by a national of the United States;
          ``(3) the offense is committed against a national of 
        the United States while the national is outside the 
        United States;
          ``(4) the offense is committed against any property 
        that is owned, leased, or used by the United States or 
        by any department or agency of the United States, 
        whether the property is within or outside the United 
        States; or
          ``(5) an offender aids or abets any person over whom 
        jurisdiction exists under this subsection in committing 
        an offense under this section or conspires with any 
        person over whom jurisdiction exists under this 
        subsection to commit an offense under this section.
  ``(c) Criminal Penalties.--
          ``(1) In general.--Any person who violates, or 
        attempts or conspires to violate, subsection (a) shall 
        be fined not more than $2,000,000 and shall be 
        sentenced to a term of imprisonment not less than 30 
        years or to imprisonment for life.
          ``(2) Life imprisonment.--Any person who, in the 
        course of a violation of subsection (a), uses, attempts 
        or conspires to use, or possesses and threatens to use, 
        any item or items described in subsection (a), shall be 
        fined not more than $2,000,000 and imprisoned for life.
          ``(3) Death penalty.--If the death of another results 
        from a person's violation of subsection (a), the person 
        shall be fined not more than $2,000,000 and punished by 
        death or imprisoned for life.
  ``(d) Definition.--As used in this section, the term `variola 
virus' means a virus that can cause human smallpox or any 
derivative of the variola major virus that contains more than 
85 percent of the gene sequence of the variola major virus or 
the variola minor virus.''.

SEC. 2217. INTERCEPTION OF COMMUNICATIONS.

  Section 2516(1) of title 18, United States Code, is amended--
          (1) in paragraph (a), by inserting ``2122 and'' after 
        ``sections'';
          (2) in paragraph (c), by inserting ``section 175c 
        (relating to variola virus),'' after ``section 175 
        (relating to biological weapons),''; and
          (3) in paragraph (q), by inserting ``2332g, 2332h,'' 
        after ``2332f,''.

SEC. 2218. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED 
                    STATES CODE.

  Section 2332b(g)(5)(B) of title 18, United States Code, is 
amended--
          (1) in clause (i)--
                  (A) by inserting before ``2339 (relating to 
                harboring terrorists)'' the following: ``2332g 
                (relating to missile systems designed to 
                destroy aircraft), 2332h (relating to 
                radiological dispersal devices),''; and
                  (B) by inserting ``175c (relating to variola 
                virus),'' after ``175 or 175b (relating to 
                biological weapons),''; and
          (2) in clause (ii)--
                  (A) by striking ``section'' and inserting 
                ``sections 92 (relating to prohibitions 
                governing atomic weapons) or''; and
                  (B) by inserting ``2122 or'' before ``2284''.

SEC. 2219. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED 
                    STATES CODE.

  Section 1956(c)(7)(D), title 18, United States Code, is 
amended--
          (1) by inserting after ``section 152 (relating to 
        concealment of assets; false oaths and claims; 
        bribery),'' the following: ``section 175c (relating to 
        the variola virus),'';
          (2) by inserting after ``section 2332(b) (relating to 
        international terrorist acts transcending national 
        boundaries),'' the following: ``section 2332g (relating 
        to missile systems designed to destroy aircraft), 
        section 2332h (relating to radiological dispersal 
        devices),''; and
          (3) striking ``or'' after ``any felony violation of 
        the Foreign Agents Registration Act of 1938,'' and 
        after ``any felony violation of the Foreign Corrupt 
        Practices Act'', striking ``;'' and inserting ``, or 
        section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 
        2122) (relating to prohibitions governing atomic 
        weapons)''.

SEC. 2220. EXPORT LICENSING PROCESS.

  Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 
2778) is amended--
          (1) by striking ``or'' before ``(xi)''; and
          (2) by inserting after clause (xi) the following: 
        ``or (xii) section 3, 4, 5, and 6 of the Prevention of 
        Terrorist Access to Destructive Weapons Act of 2004, 
        relating to missile systems designed to destroy 
        aircraft (18 U.S.C. 2332g), prohibitions governing 
        atomic weapons (42 U.S.C. 2122), radiological dispersal 
        devices (18 U.S.C. 2332h), and variola virus (18 U.S.C. 
        175b);''.

SEC. 2221. CLERICAL AMENDMENTS.

  (a) Chapter 113B.--The table of sections for chapter 113B of 
title 18, United States Code, is amended by inserting the 
following after the item for section 2332f:

``2332g. Missile systems designed to destroy aircraft.
``2332h. Radiological dispersal devices.''.
  (b) Chapter 10.--The table of sections for chapter 10 of 
title 18, United States Code, is amended by inserting the 
following item after the item for section 175b:

``175c. Variola virus.''.
                              ----------                              


 6. An Amendment To Be Offered by Representative Bonilla of Texas, or 
              His Designee, To Be Debatable for 10 Minutes

  At the appropriate place in the bill, insert the following 
(and redesignate provisions and amend the table of contents 
accordingly):

SECTION ___. INCREASE IN DETENTION BED SPACE.

  Subject to the availability of appropriated funds, the 
Secretary of Homeland Security shall increase by not less than 
2,500, in each of fiscal years 2006 and 2007, the number of 
beds available for immigration detention and removal operations 
of the Department of Homeland Security above the number for 
which funds were allotted for the preceding fiscal year.
                              ----------                              


    7. An Amendment To Be Offered by Representative Captio of West 
       Virginia, or Her Designee, To Be Debatable for 10 Minutes

  At the end of title II add the following:

Subtitle J--Railroad Carriers and Mass Transportation Protection Act of 
                                 20004

SEC. 2111. SHORT TITLE.

  This subtitle may be cited as the ``Railroad Carriers and 
Mass Transportation Protection Act of 2004''.

SEC. 2112. ATTACKS AGAINST RAILROAD CARRIERS AND MASS TRANSPORTATION 
                    SYSTEMS.

  (a) In General.--Chapter 97 of title 18, United States Code, 
is amended by striking sections 1992 through 1993 and inserting 
the following:

``Sec. 1992. Terrorist attacks and other violence against railroad 
                    carriers and against mass transportation systems on 
                    land, on water, or through the air

  ``(a) General Prohibitions.--Whoever, in a circumstance 
described in subsection (c), knowingly--
          ``(1) wrecks, derails, sets fire to, or disables 
        railroad on-track equipment or a mass transportation 
        vehicle;
          ``(2) with intent to endanger the safety of any 
        person, or with a reckless disregard for the safety of 
        human life, and without the authorization of the 
        railroad carrier or mass transportation provider--
                  ``(A) places any biological agent or toxin, 
                destructive substance, or destructive device 
                in, upon, or near railroad on-track equipment 
                or a mass transportation vehicle; or
                  ``(B) releases a hazardous material or a 
                biological agent or toxin on or near any 
                property described in subparagraph (A) or (B) 
                of paragraph (3);
          ``(3) sets fire to, undermines, makes unworkable, 
        unusable, or hazardous to work on or use, or places any 
        biological agent or toxin, destructive substance, or 
        destructive device in, upon, or near any--
                  ``(A) tunnel, bridge, viaduct, trestle, 
                track, electromagnetic guideway, signal, 
                station, depot, warehouse, terminal, or any 
                other way, structure, property, or appurtenance 
                used in the operation of, or in support of the 
                operation of, a railroad carrier, without the 
                authorization of the railroad carrier, and with 
                intent to, or knowing or having reason to know 
                such activity would likely, derail, disable, or 
                wreck railroad on-track equipment;
                  ``(B) garage, terminal, structure, track, 
                electromagnetic guideway, supply, or facility 
                used in the operation of, or in support of the 
                operation of, a mass transportation vehicle, 
                without the authorization of the mass 
                transportation provider, and with intent to, or 
                knowing or having reason to know such activity 
                would likely, derail, disable, or wreck a mass 
                transportation vehicle used, operated, or 
                employed by a mass transportation provider; or
          ``(4) removes an appurtenance from, damages, or 
        otherwise impairs the operation of a railroad signal 
        system or mass transportation signal or dispatching 
        system, including a train control system, centralized 
        dispatching system, or highway-railroad grade crossing 
        warning signal, without authorization from the railroad 
        carrier or mass transportation provider;
          ``(5) with intent to endanger the safety of any 
        person, or with a reckless disregard for the safety of 
        human life, interferes with, disables, or incapacitates 
        any dispatcher, driver, captain, locomotive engineer, 
        railroad conductor, or other person while the person is 
        employed in dispatching, operating, or maintaining 
        railroad on-track equipment or a mass transportation 
        vehicle;
          ``(6) commits an act, including the use of a 
        dangerous weapon, with the intent to cause death or 
        serious bodily injury to any person who is on property 
        described in subparagraph (A) or (B) of paragraph (3), 
        except that this subparagraph shall not apply to rail 
        police officers in acting the course of their law 
        enforcement duties under section 28101 of title 49, 
        United States Code;
          ``(7) conveys false information, knowing the 
        information to be false, concerning an attempt or 
        alleged attempt that was made, is being made, or is to 
        be made, to engage in a violation of this subsection; 
        or
          ``(8) attempts, threatens, or conspires to engage in 
        any violation of any of paragraphs (1) through (7);
shall be fined under this title or imprisoned not more than 20 
years, or both.
  ``(b) Aggravated Offense.--Whoever commits an offense under 
subsection (a) of this section in a circumstance in which--
          ``(1) the railroad on-track equipment or mass 
        transportation vehicle was carrying a passenger or 
        employee at the time of the offense;
          ``(2) the railroad on-track equipment or mass 
        transportation vehicle was carrying high-level 
        radioactive waste or spent nuclear fuel at the time of 
        the offense;
          ``(3) the railroad on-track equipment or mass 
        transportation vehicle was carrying a hazardous 
        material at the time of the offense that--
                  ``(A) was required to be placarded under 
                subpart F of part 172 of title 49, Code of 
                Federal Regulations; and
                  ``(B) is identified as class number 3, 4, 5, 
                6.1, or 8 and packing group I or packing group 
                II, or class number 1, 2, or 7 under the 
                hazardous materials table of section 172.101 of 
                title 49, Code of Federal Regulations; or
          ``(4) the offense results in the death of any person;
shall be fined under this title or imprisoned for any term of 
years or life, or both. In the case of a violation described in 
paragraph (2) of this subsection, the term of imprisonment 
shall be not less than 30 years; and, in the case of a 
violation described in paragraph (4) of this subsection, the 
offender shall be fined under this title and imprisoned for 
life and be subject to the death penalty.
  ``(c) Circumstances Required for Offense.--A circumstance 
referred to in subsection (a) is any of the following:
          ``(1) Any of the conduct required for the offense is, 
        or, in the case of an attempt, threat, or conspiracy to 
        engage in conduct, the conduct required for the 
        completed offense would be, engaged in, on, against, or 
        affecting a mass transportation provider or railroad 
        carrier engaged in or affecting interstate or foreign 
        commerce.
          ``(2) Any person travels or communicates across a 
        State line in order to commit the offense, or 
        transports materials across a State line in aid of the 
        commission of the offense.
  ``(d) Definitions.--In this section--
          ``(1) the term `biological agent' has the meaning 
        given to that term in section 178(1);
          ``(2) the term `dangerous weapon' means a weapon, 
        device, instrument, material, or substance, animate or 
        inanimate, that is used for, or is readily capable of, 
        causing death or serious bodily injury, including a 
        pocket knife with a blade of less than 2\1/2\ inches in 
        length and a box cutter;
          ``(3) the term `destructive device' has the meaning 
        given to that term in section 921(a)(4);
          ``(4) the term `destructive substance' means an 
        explosive substance, flammable material, infernal 
        machine, or other chemical, mechanical, or radioactive 
        device or material, or matter of a combustible, 
        contaminative, corrosive, or explosive nature, except 
        that the term `radioactive device' does not include any 
        radioactive device or material used solely for medical, 
        industrial, research, or other peaceful purposes;
          ``(5) the term `hazardous material' has the meaning 
        given to that term in chapter 51 of title 49;
          ``(6) the term `high-level radioactive waste' has the 
        meaning given to that term in section 2(12) of the 
        Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101(12));
          ``(7) the term `mass transportation' has the meaning 
        given to that term in section 5302(a)(7) of title 49, 
        except that the term includes school bus, charter, and 
        sightseeing transportation;
          ``(8) the term `on-track equipment' means a carriage 
        or other contrivance that runs on rails or 
        electromagnetic guideways;
          ``(9) the term `railroad on-track equipment' means a 
        train, locomotive, tender, motor unit, freight or 
        passenger car, or other on-track equipment used, 
        operated, or employed by a railroad carrier;
          ``(10) the term `railroad' has the meaning given to 
        that term in chapter 201 of title 49;
          ``(11) the term `railroad carrier' has the meaning 
        given to that term in chapter 201 of title 49;
          ``(12) the term `serious bodily injury' has the 
        meaning given to that term in section 1365;
          ``(13) the term `spent nuclear fuel' has the meaning 
        given to that term in section 2(23) of the Nuclear 
        Waste Policy Act of 1982 (42 U.S.C. 10101(23));
          ``(14) the term `State' has the meaning given to that 
        term in section 2266;
          ``(15) the term `toxin' has the meaning given to that 
        term in section 178(2); and
          ``(16) the term `vehicle' means any carriage or other 
        contrivance used, or capable of being used, as a means 
        of transportation on land, on water, or through the 
        air.''.
  (b) Conforming Amendments.--
          (1) The table of sections at the beginning of chapter 
        97 of title 18, United States Code, is amended--
                  (A) by striking ``RAILROADS'' in the chapter 
                heading and inserting ``RAILROAD CARRIERS AND 
                MASS TRANSPORTATION SYSTEMS ON LAND, ON WATER, 
                OR THROUGH THE AIR'';
                  (B) by striking the items relating to 
                sections 1992 and 1993; and
                  (C) by inserting after the item relating to 
                section 1991 the following:

``1992. Terrorist attacks and other violence against railroad carriers 
          and against mass transportation systems on land, on water, or 
          through the air.''

          (2) The table of chapters at the beginning of part I 
        of title 18, United States Code, is amended by striking 
        the item relating to chapter 97 and inserting the 
        following:

``97. Railroad carriers and mass transportation systems on land, 
              on water, or through the air.......................1991''.

          (3) Title 18, United States Code, is amended--
                  (A) in section 2332b(g)(5)(B)(i), by striking 
                ``1992 (relating to wrecking trains), 1993 
                (relating to terrorist attacks and other acts 
                of violence against mass transportation 
                systems),'' and inserting ``1992 (relating to 
                terrorist attacks and other acts of violence 
                against railroad carriers and against mass 
                transportation systems on land, on water, or 
                through the air),'';
                  (B) in section 2339A, by striking ``1993,''; 
                and
                  (C) in section 2516(1)(c) by striking ``1992 
                (relating to wrecking trains),'' and inserting 
                ``1992 (relating to terrorist attacks and other 
                acts of violence against railroad carriers and 
                against mass transportation systems on land, on 
                water, or through the air),''.
                              ----------                              


8. An Amendment To Be Offered by Representative Carter of Texas, or His 
                Designee, To Be Debatable for 10 Minutes

  At the end of title II insert the following:

        Subtitle J--Terrorist Penalties Enhancement Act of 2004

SEC. 2221. SHORT TITLE.

  This subtitle may be cited as the ``Terrorist Penalties 
Enhancement Act of 2004''.

SEC. 2222. PENALTIES FOR TERRORIST OFFENSES RESULTING IN DEATH; DENIAL 
                    OF FEDERAL BENEFITS TO TERRORISTS.

  (a) In General.--Chapter 113B of title 18, United States 
Code, is amended by adding at the end the following:

``Sec. 2339E. Terrorist offenses resulting in death

  ``(a) Whoever, in the course of committing a terrorist 
offense, engages in conduct that results in the death of a 
person, shall be punished by death or imprisoned for any term 
of years or for life.
  ``(b) As used in this section, the term `terrorist offense' 
means--
          ``(1) a Federal felony offense that is--
                  ``(A) a Federal crime of terrorism as defined 
                in section 2332b(g) except to the extent such 
                crime is an offense under section 1363; or
                  ``(B) an offense under this chapter, section 
                175, 175b, 229, or 831, or section 236 of the 
                Atomic Energy Act of 1954; or
          ``(2) a Federal offense that is an attempt or 
        conspiracy to commit an offense described in paragraph 
        (1).

``Sec. 2339F. Denial of Federal benefits to terrorists

  ``(a) An individual or corporation who is convicted of a 
terrorist offense (as defined in section 2339E) shall, as 
provided by the court on motion of the Government, be 
ineligible for any or all Federal benefits for any term of 
years or for life.
  ``(b) As used in this section, the term `Federal benefit' has 
the meaning given that term in section 421(d) of the Controlled 
Substances Act, and also includes any assistance or benefit 
described in section 115(a) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996, with the same 
limitations and to the same extent as provided in section 115 
of that Act with respect to denials of benefits and assistance 
to which that section applies.''.
  (b) Conforming Amendment to Table of Sections.--The table of 
sections at the beginning of the chapter 113B of title 18, 
United States Code, is amended by adding at the end the 
following new items:

``2339E. Terrorist offenses resulting in death.
``2339F. Denial of federal benefits to terrorists.''.

  (c) Aggravating Factor in Death Penalty Cases.--Section 
3592(c)(1) of title 18, United States Code, is amended by 
inserting ``section 2339E (terrorist offenses resulting in 
death),'' after ``destruction),''.

SEC. 2223. DEATH PENALTY IN CERTAIN AIR PIRACY CASES OCCURRING BEFORE 
                    ENACTMENT OF THE FEDERAL DEATH PENALTY ACT OF 1994.

  Section 60003 of the Violent Crime Control and Law 
Enforcement Act of 1994, (Public Law 103-322), is amended, as 
of the time of its enactment, by adding at the end the 
following:
  ``(c) Death Penalty Procedures for Certain Previous Aircraft 
Piracy Violations.--An individual convicted of violating 
section 46502 of title 49, United States Code, or its 
predecessor, may be sentenced to death in accordance with the 
procedures established in chapter 228 of title 18, United 
States Code, if for any offense committed before the enactment 
of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), but after the enactment of the 
Antihijacking Act of 1974 (Public Law 93-366), it is determined 
by the finder of fact, before consideration of the factors set 
forth in sections 3591(a)(2) and 3592(a) and (c) of title 18, 
United States Code, that one or more of the factors set forth 
in former section 46503(c)(2) of title 49, United States Code, 
or its predecessor, has been proven by the Government to exist, 
beyond a reasonable doubt, and that none of the factors set 
forth in former section 46503(c)(1) of title 49, United States 
Code, or its predecessor, has been proven by the defendant to 
exist, by a preponderance of the information. The meaning of 
the term `especially heinous, cruel, or depraved', as used in 
the factor set forth in former section 46503(c)(2)(B)(iv) of 
title 49, United States Code, or its predecessor, shall be 
narrowed by adding the limiting language `in that it involved 
torture or serious physical abuse to the victim', and shall be 
construed as when that term is used in section 3592(c)(6) of 
title 18, United States Code.''

  Conform the table of sections accordingly.
                              ----------                              


9. An Amendment To Be Offered by Representative Castle of Delaware, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of the bill, insert the following new section:

SEC. 5__. REMOVAL OF CIVIL LIABILITY BARRIERS THAT DISCOURAGE THE 
                    DONATION OF FIRE EQUIPMENT TO VOLUNTEER FIRE 
                    COMPANIES.

  (a) Short Title.--This section may be cited as the ``Good 
Samaritan Volunteer Firefighter Assistance Act of 2004''.
  (b) Liability Protection.--A person who donates fire control 
or fire rescue equipment to a volunteer fire company shall not 
be liable for civil damages under any State or Federal law for 
personal injuries, property damage or loss, or death 
proximately caused by the equipment after the donation.
  (c) Exceptions.--Subsection (b) does not apply to a person 
if--
          (1) the person's act or omission proximately causing 
        the injury, damage, loss, or death constitutes gross 
        negligence or intentional misconduct; or
          (2) the person is the manufacturer of the fire 
        control or fire rescue equipment.
  (d) Preemption.--This section preempts the laws of any State 
to the extent that such laws are inconsistent with this 
section, except that notwithstanding subsection (c) this 
section shall not preempt any State law that provides 
additional protection from liability for a person who donates 
fire control or fire rescue equipment to a volunteer fire 
company.
  (e) Definitions.--In this section:
          (1) Person.--The term ``person'' includes any 
        governmental or other entity.
          (2) Fire control or rescue equipment.--The term 
        ``fire control or fire rescue equipment'' includes any 
        fire vehicle, fire fighting tool, communications 
        equipment, protective gear, fire hose, or breathing 
        apparatus.
          (3) State.--The term ``State'' includes the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Commonwealth of the Northern Mariana 
        Islands, American Samoa, Guam, the Virgin Islands, any 
        other territory or possession of the United States, and 
        any political subdivision of any such State, territory, 
        or possession.
          (4) Volunteer fire company.--The term ``volunteer 
        fire company'' means an association of individuals who 
        provide fire protection and other emergency services, 
        where at least 30 percent of the individuals receive 
        little or no compensation compared with an entry level 
        full-time paid individual in that association or in the 
        nearest such association with an entry level full-time 
        paid individual.
  (f) Effective Date.--This section applies only to liability 
for injury, damage, loss, or death caused by equipment that, 
for purposes of subsection (b), is donated on or after the date 
that is 30 days after the date of the enactment of this Act.
  (g) Attorney General Review.--
          (1) In general.--The Attorney General of the United 
        States shall conduct a State-by-State review of the 
        donation of firefighter equipment to volunteer 
        firefighter companies during the 5-year period ending 
        on the date of the enactment of this Act.
          (2) Report.--Not later than 6 months after the date 
        of the enactment of this Act, the Attorney General of 
        the United States shall publish and submit to the 
        Congress a report on the results of the review 
        conducted under paragraph (1). The report shall 
        include, for each State, the most effective way to fund 
        firefighter companies, whether first responder funding 
        is sufficient to respond to the Nation's needs, and the 
        best method to ensure that the equipment donated to 
        volunteer firefighter companies is in usable condition.
                              ----------                              


 10. An Amendment To Be Offered by Representative Foley of Florida, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 328, after line 7, insert the following (and amend the 
table of contents accordingly)

      Subtitle F--Treatment of Aliens Who Commit Acts of Torture, 
           Extrajudicial Killings, or Other Atrocities Abroad

SEC. 3121. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE 
                    COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS 
                    ABROAD.

  (a) Inadmissibility.--Section 212(a)(3)(E) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
          (1) in clause (ii), by striking ``has engaged in 
        conduct that is defined as genocide for purposes of the 
        International Convention on the Prevention and 
        Punishment of Genocide is inadmissible'' and inserting 
        ``ordered, incited, assisted, or otherwise participated 
        in conduct outside the United States that would, if 
        committed in the United States or by a United States 
        national, be genocide, as defined in section 1091(a) of 
        title 18, United States Code, is inadmissible'';
          (2) by adding at the end the following:
                          ``(iii) Commission of acts of torture 
                        or extrajudicial killings.--Any alien 
                        who, outside the United States, has 
                        committed, ordered, incited, assisted, 
                        or otherwise participated in the 
                        commission of--
                                  ``(I) any act of torture, as 
                                defined in section 2340 of 
                                title 18, United States Code; 
                                or
                                  ``(II) under color of law of 
                                any foreign nation, any 
                                extrajudicial killing, as 
                                defined in section 3(a) of the 
                                Torture Victim Protection Act 
                                of 1991 (28 U.S.C. 1350 note);
                        is inadmissible.''; and
          (3) in the subparagraph heading, by striking 
        ``Participants in nazi persecution or genocide'' and 
        inserting ``Participants in nazi persecution, genocide, 
        or the commission of any act of torture or 
        extrajudicial killing''.
  (b) Deportability.--Section 237(a)(4)(D) of such Act (8 
U.S.C. 1227(a)(4)(D)) is amended--
          (1) by striking ``clause (i) or (ii)'' and inserting 
        ``clause (i), (ii), or (iii)''; and
          (2) in the subparagraph heading, by striking 
        ``Assisted in nazi persecution or engaged in genocide'' 
        and inserting ``Participated in nazi persecution, 
        genocide, or the commission of any act of torture or 
        extrajudicial killing''.
  (c) Effective Date.--The amendments made by this section 
shall apply to offenses committed before, on, or after the date 
of the enactment of this Act.

SEC. 3122. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT 
                    OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE 
                    VIOLATIONS OF RELIGIOUS FREEDOM.

  (a) Ground of Inadmissibility.--Section 212(a)(2)(G) of the 
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is 
amended to read as follows:
                  ``(G) Foreign government officials who have 
                committed particularly severe violations of 
                religious freedom.--Any alien who, while 
                serving as a foreign government official, was 
                responsible for or directly carried out, at any 
                time, particularly severe violations of 
                religious freedom, as defined in section 3 of 
                the International Religious Freedom Act of 1998 
                (22 U.S.C. 6402), is inadmissible.''.
  (b) Ground of Deportability.--Section 237(a)(4) of the 
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is 
amended by adding at the end the following:
                  ``(E) Participated in the commission of 
                severe violations of religious freedom.--Any 
                alien described in section 212(a)(2)(G) is 
                deportable.''.

SEC. 3123. WAIVER OF INADMISSIBILITY.

  Section 212(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(3)) is amended--
          (1) in subparagraph (A), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph 
        (3)(E)''; and
          (2) in subparagraph (B), by striking ``and 3(E)'' and 
        inserting ``and clauses (i) and (ii) of paragraph 
        (3)(E)''.

SEC. 3124. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED 
                    ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE 
                    VIOLATIONS OF RELIGIOUS FREEDOM.

  Section 101(f) of the Immigration and Nationality Act (8 
U.S.C. 1101(f)) is amended--
          (1) by striking the period at the end of paragraph 
        (8) and inserting ``; and''; and
          (2) by adding at the end the following:
          ``(9) one who at any time has engaged in conduct 
        described in section 212(a)(3)(E) (relating to 
        assistance in Nazi persecution, participation in 
        genocide, or commission of acts of torture or 
        extrajudicial killings) or 212(a)(2)(G) (relating to 
        severe violations of religious freedom).''.

SEC. 3125. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.

  (a) Amendment of the Immigration and Nationality Act.--
Section 103 of the Immigration and Nationality Act (8 U.S.C. 
1103) is amended by adding at the end the following:
  ``(h)(1) The Attorney General shall establish within the 
Criminal Division of the Department of Justice an Office of 
Special Investigations with the authority to detect and 
investigate, and, where appropriate, to take legal action to 
denaturalize any alien described in section 212(a)(3)(E).
  ``(2) The Attorney General shall consult with the Secretary 
of the Department of Homeland Security in making determinations 
concerning the criminal prosecution or extradition of aliens 
described in section 212(a)(3)(E).
  ``(3) In determining the appropriate legal action to take 
against an alien described in section 212(a)(3)(E), 
consideration shall be given to--
          ``(A) the availability of criminal prosecution under 
        the laws of the United States for any conduct that may 
        form the basis for removal and denaturalization; or
          ``(B) the availability of extradition of the alien to 
        a foreign jurisdiction that is prepared to undertake a 
        prosecution for such conduct.''.
  (b) Authorization of Appropriations.--
          (1) In general.--There are authorized to be 
        appropriated to the Department of Justice such sums as 
        may be necessary to carry out the additional duties 
        established under section 103(h) of the Immigration and 
        Nationality Act (as added by this subtitle) in order to 
        ensure that the Office of Special Investigations 
        fulfills its continuing obligations regarding Nazi war 
        criminals.
          (2) Availability of funds.--Amounts appropriated 
        pursuant to paragraph (1) are authorized to remain 
        available until expended.

SEC. 3126. REPORT ON IMPLEMENTATION.

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


11. An Amendment To Be Offered by Representative Goodlatte of Virginia, 
            or His Designee, To Be Debatable for 10 Minutes

  Page 235, after line 21, insert the following:

     Subtitle J--Pretrial Detention and Postrelease Supervision of 
                               Terrorists

SEC. 2221. SHORT TITLE.

  This subtitle may be cited as the ``Pretrial Detention and 
Lifetime Supervision of Terrorists Act of 2004''.

SEC. 2222. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING 
                    TERRORISM.

  Section 3142 of title 18, United States Code, is amended--
          (1) in subsection (e)--
                  (A) by inserting ``or'' before ``the 
                Maritime''; and
                  (B) by inserting after ``or 2332b of title 18 
                of the United States Code'' the following: ``, 
                or an offense listed in section 2332b(g)(5)(B) 
                of title 18 of the United States Code, if the 
                Attorney General certifies that the offense 
                appears by its nature or context to be intended 
                to intimidate or coerce a civilian population, 
                to influence the policy of a government by 
                intimidation or coercion, or to affect the 
                conduct of a government by mass destruction, 
                assassination, or kidnaping, or an offense 
                involved in or related to domestic or 
                international terrorism as defined in section 
                2331 of title 18 of the United States Code''; 
                and
          (2) in subsections (f)(1)(A) and (g)(1), by inserting 
        after ``violence'' the following: ``, or an offense 
        listed in section 2332b(g)(5)(B) of title 18 of the 
        United States Code, if the Attorney General certifies 
        that the offense appears by its nature or context to be 
        intended to intimidate or coerce a civilian population, 
        to influence the policy of a government by intimidation 
        or coercion, or to affect the conduct of a government 
        by mass destruction, assassination, or kidnaping, or an 
        offense involved in or related to domestic or 
        international terrorism as defined in section 2331 of 
        title 18 of the United States Code''.

SEC. 2223. POSTRELEASE SUPERVISION OF TERRORISTS.

  Section 3583(j) of title 18, United States Code, is amended 
in subsection (j), by striking ``, the commission'' and all 
that follows through ``person,''.
                              ----------                              


    12. An Amendment To Be Offered by Representative Mark Green of 
       Wisconsin, or His Designee, To Be Debatable for 10 Minutes

  Page 252, line 18, strike ``DEPORTATION'' and insert 
``REMOVAL'' (and amend the table of contents accordingly).

  Page 258, after line 5, insert the following (and amend the 
table of contents accordingly):

SEC. 3034. INADMISSIBILITY DUE TO TERRORIST AND TERRORIST-RELATED 
                    ACTIVITIES.

  (a) In General.--Section 212(a)(3)(B)(i) of the Immigration 
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(i)) is amended to 
read as follows:
                          ``(i) In general.--Any alien who--
                                  ``(I) has engaged in a 
                                terrorist activity;
                                  ``(II) a consular officer, 
                                the Attorney General, or the 
                                Secretary of Homeland Security 
                                knows, or has reasonable ground 
                                to believe, is engaged in or is 
                                likely to engage after entry in 
                                any terrorist activity (as 
                                defined in clause (iv));
                                  ``(III) has, under 
                                circumstances indicating an 
                                intention to cause death or 
                                serious bodily harm, incited 
                                terrorist activity;
                                  ``(IV) is a representative 
                                (as defined in clause (v)) of--
                                          ``(aa) a terrorist 
                                        organization; or
                                          ``(bb) a political, 
                                        social, or other group 
                                        that endorses or 
                                        espouses terrorist 
                                        activity;
                                  ``(V) is a member of a 
                                terrorist organization 
                                described in subclause (I) or 
                                (II) of clause (vi);
                                  ``(VI) is a member of a 
                                terrorist organization 
                                described in clause (vi)(III), 
                                unless the alien can 
                                demonstrate by clear and 
                                convincing evidence that the 
                                alien did not know, and should 
                                not reasonably have known, that 
                                the organization was a 
                                terrorist organization;
                                  ``(VII) endorses or espouses 
                                terrorist activity or persuades 
                                others to endorse or espouse 
                                terrorist activity or support a 
                                terrorist organization;
                                  ``(VIII) has received 
                                military-type training (as 
                                defined in section 2339D(c)(1) 
                                of title 18, United States 
                                Code) from or on behalf of any 
                                organization that, at the time 
                                the training was received, was 
                                a terrorist organization under 
                                section 212(a)(3)(B)(vi); or
                                  ``(IX) is the spouse or child 
                                of an alien who is inadmissible 
                                under this subparagraph, if the 
                                activity causing the alien to 
                                be found inadmissible occurred 
                                within the last 5 years,

                        is inadmissible. An alien who is an 
                        officer, official, representative, or 
                        spokesman of the Palestine Liberation 
                        Organization is considered, for 
                        purposes of this Act, to be engaged in 
                        a terrorist activity.''.
  (b) Engage in Terrorist Activity Defined.--Section 
212(a)(3)(B)(iv) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)(iv)) is amended to read as follows:
                          ``(iv) Engage in terrorist activity 
                        defined.--As used in this subparagraph, 
                        the term `engage in terrorist activity' 
                        means, in an individual capacity or as 
                        a member of an organization--
                                  ``(I) to commit or to incite 
                                to commit, under circumstances 
                                indicating an intention to 
                                cause death or serious bodily 
                                injury, a terrorist activity;
                                  ``(II) to prepare or plan a 
                                terrorist activity;
                                  ``(III) to gather information 
                                on potential targets for 
                                terrorist activity;
                                  ``(IV) to solicit funds or 
                                other things of value for--
                                          ``(aa) a terrorist 
                                        activity;
                                          ``(bb) a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          ``(cc) a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization;
                                  ``(V) to solicit any 
                                individual--
                                          ``(aa) to engage in 
                                        conduct otherwise 
                                        described in this 
                                        clause;
                                          ``(bb) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(I) or 
                                        (vi)(II); or
                                          ``(cc) for membership 
                                        in a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the solicitor 
                                        can demonstrate by 
                                        clear and convincing 
                                        evidence that he did 
                                        not know, and should 
                                        not reasonably have 
                                        known, that the 
                                        organization was a 
                                        terrorist organization; 
                                        or
                                  ``(VI) to commit an act that 
                                the actor knows, or reasonably 
                                should know, affords material 
                                support, including a safe 
                                house, transportation, 
                                communications, funds, transfer 
                                of funds or other material 
                                financial benefit, false 
                                documentation or 
                                identification, weapons 
                                (including chemical, 
                                biological, or radiological 
                                weapons), explosives, or 
                                training--
                                          ``(aa) for the 
                                        commission of a 
                                        terrorist activity;
                                          ``(bb) to any 
                                        individual who the 
                                        actor knows, or 
                                        reasonably should know, 
                                        has committed or plans 
                                        to commit a terrorist 
                                        activity;
                                          ``(cc) to a terrorist 
                                        organization described 
                                        in subclause (I) or 
                                        (II) of clause (vi); or
                                          ``(dd) to a terrorist 
                                        organization described 
                                        in clause (vi)(III), 
                                        unless the actor can 
                                        demonstrate by clear 
                                        and convincing evidence 
                                        that the actor did not 
                                        know, and should not 
                                        reasonably have known, 
                                        that the organization 
                                        was a terrorist 
                                        organization.''.
  (c) Terrorist Organization Defined.--Section 212(a)(3)(B)(vi) 
of the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)) is amended to read as follows:
                          ``(vi) Terrorist organization 
                        defined.--As used in this section, the 
                        term `terrorist organization' means an 
                        organization--
                                  ``(I) designated under 
                                section 219;
                                  ``(II) otherwise designated, 
                                upon publication in the Federal 
                                Register, by the Secretary of 
                                State in consultation with or 
                                upon the request of the 
                                Attorney General or the 
                                Secretary of Homeland Security, 
                                as a terrorist organization, 
                                after finding that the 
                                organization engages in the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv); or
                                  ``(III) that is a group of 
                                two or more individuals, 
                                whether organized or not, which 
                                engages in, or has a subgroup 
                                which engages in, the 
                                activities described in 
                                subclauses (I) through (VI) of 
                                clause (iv).''.
  (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--
          (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 occurring or existing before, on, or 
        after such date.

SEC. 3035. DEPORTABILITY OF TERRORISTS.

  (a) In General.--Section 237(a)(4)(B) (8 U.S.C. 
1227(a)(4)(B)) is amended to read as follows:
                  ``(B) Terrorist activities.--Any alien who 
                would be considered inadmissible pursuant to 
                subparagraph (B) or (F) of section 212(a)(3) is 
                deportable.''.
  (b) Deportation of Aliens Who Have Received Military-Type 
Training From Terrorist Organizations.--Section 237(a)(4) of 
the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is 
amended by adding at the end the following:
                  ``(E) Recipient of military-type training.--
                Any alien who has received military-type 
                training (as defined in section 2339D(c)(1) of 
                title 18, United States Code) from or on behalf 
                of any organization that, at the time the 
                training was received, was a terrorist 
                organization, as defined in section 
                212(a)(3)(B)(vi), is deportable.''.
  (c) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act and 
shall apply to acts and conditions constituting a ground for 
removal occurring or existing before, on, or after such date.
                              ----------                              


13. An Amendment To Be Offered by Representative Hostettler of Indiana, 
            or His Designee, To Be Debatable for 10 Minutes

  Page 243, beginning on line 12, strike ``and the officer 
determines that the alien has been physically present in the 
United States for less than 1 year''.

  Page 244, beginning on line 7, strike ``if the officer 
determines that the alien has been physically present in the 
United States for less than 1 year''.

  Page 245, line 5, strike ``the central motive'' and insert 
``a central reason''.

  Page 254, strike line 6 and all that follows through line 24 
on page 255 and insert the following:

SEC. 3032. DETENTION OF ALIENS BARRED FROM RESTRICTION ON REMOVAL 
                    PENDING REMOVAL.

  (a) In General.--Section 241 of Immigration and Nationality 
Act (8 U.S.C. 1231) is amended by adding at the end the 
following:
  ``(j) Detention of Aliens Barred From Restriction on Removal 
Pending Removal.--
          ``(1) In general.--In order to protect the United 
        States from those aliens who would threaten the 
        national security or endanger the lives and safety of 
        the American people, the Secretary of Homeland Security 
        may, in the Secretary's unreviewable discretion, 
        determine that any alien who has been ordered removed 
        from the United States and who is described in 
        subsection (b)(3)(B) is a specially dangerous alien and 
        should be detained until removed. This determination 
        shall be reviewed every six months until the alien is 
        removed. In making this determination, the Secretary 
        shall consider the length of sentence and severity of 
        the offense, the loss and injury to the victim, and the 
        future risk the alien poses to the community.
          ``(2) Aliens granted protection restricting 
        removal.--Any alien described in paragraph (1) who has 
        been ordered removed, and who has been granted any 
        other protection under the immigration law, as defined 
        in section 101(a)(17), restricting the alien's removal, 
        shall be detained. The Secretary of State shall seek 
        diplomatic assurances that such alien shall be 
        protected if removed from the United States.''.
  (b) Severability.--If any amendment, or part of any 
amendment, made by subsection (a), or the application of any 
amendment or part of any amendment to any person or 
circumstance, is held to be unconstitutional--
          (1) the Secretary of Homeland Security shall continue 
        to seek the removal of any alien described in section 
        241(j)(1) of the Immigration and Nationality Act, as 
        amended by this Act, consistent with any protection 
        described in section 241(j)(2) of such Act; and
          (2) the Secretary of State shall continue to seek 
        diplomatic assurances that any alien described in 
        section 241(j)(2) of the Immigration and Nationality 
        Act, as amended by this Act, would be protected upon 
        removal.
                              ----------                              


 14. An Amendment To Be Offered by Representative Christopher Smith of 
      New Jersey, or His Designee, To Be Debatable for 10 Minutes

    Strike section 3006 (page 242, line 18 through page 244, 
line 9) and redesignate provisions and conform the table of 
contents accordingly.
                              ----------                              


 15. An Amendment To Be Offered by Representative Christopher Smith of 
      New Jersey, or His Designee, To Be Debatable for 10 Minutes

    Strike section 3007 (page 244, line 10 through page 247, 
line 18) and redesignate provisions and conform the table of 
contents accordingly.
                              ----------                              


 16. An Amendment To Be Offered by Representative Barton of Texas, or 
              His Designee, To Be Debatable for 10 Minutes

  After section 5010 insert the following new section:

SEC. 5011. DIGITAL TELEVISION CONVERSION DEADLINE.

  (a) Findings.--The Congress finds the following:
          (1) Congress granted television broadcasters 
        additional 6 MHz blocks of spectrum to transmit digital 
        broadcasts simultaneously with the analog broadcasts 
        they transmit on their original 6 megahertz blocks of 
        spectrum.
          (2) Section 309(j)(14) of the Communications Act of 
        1934 requires each television broadcaster to cease 
        analog transmissions and return 6 megahertz of spectrum 
        by December 31, 2006, or once just over 85 percent of 
        the television households in that broadcaster's market 
        can view digital broadcast television channels using a 
        digital television, a digital-to-analog-converter box, 
        cable service, or satellite service, whichever is 
        later.
          (3) Twenty-four megahertz of spectrum currently 
        occupied by the television broadcasters has been 
        earmarked for use by first responders once the 
        television broadcasters return the spectrum 
        broadcasters currently use to provide analog 
        transmissions.
          (4) This spectrum would be ideal to provide first 
        responders with interoperable communications channels.
          (5) Large parts of the vacated spectrum could be 
        auctioned for advanced commercial services, such as 
        wireless broadband.
          (6) The ``85-percent penetration test'' could delay 
        the termination of analog television broadcasts and the 
        return of spectrum well beyond 2007, hindering the use 
        of that spectrum for these important public-safety and 
        advanced commercial uses.
          (7) Proposals to require broadcasters to return, on a 
        date certain, just the spectrum earmarked for future 
        public-safety use would not adequately resolve the 
        identified need for improved public-safety 
        communications interoperability. Broadcasters estimate 
        that the public-safety only approach would dislocate as 
        many as 75 stations, including some in major markets, 
        airing major network programming, sometimes even in 
        digital form. Unless broadcasters are required to 
        return concurrently all the spectrum currently used for 
        analog transmissions, it will be exceedingly difficult 
        to relocate these 75 stations, which also serve a 
        critical public safety function by broadcasting 
        weather, traffic, disaster, and other safety alerts.
          (8) Proposals to require broadcasters to return, on a 
        date certain, just the spectrum earmarked for future 
        public-safety use also would neither address the 
        digital television transition in a comprehensive 
        fashion nor free valuable spectrum for advanced 
        commercial services.
  (b) Sense of Congress.--Now, therefore, it is the sense of 
Congress that section 309(j)(14) of the Communications Act of 
1934 should be amended to eliminate the 85-percent penetration 
test and to require broadcasters to cease analog transmissions 
at the close of December 31, 2006, so that the spectrum can be 
returned and repurposed for important public-safety and 
advanced commercial uses.
                              ----------                              


17. An Amendment To Be Offered by Representative Ose of California, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of title III of the bill, insert the following:

                     Subtitle F--Security Barriers

SEC. 3121. EXPEDITED COMPLETION OF SECURITY BARRIERS.

  (a) In General.--In order to construct the physical barriers 
and roads described in section 102 of the Omnibus Consolidated 
Appropriations Act, 1997 (Public Law 104-208, div. C), the 
tracts of land described in subsection (b) shall be exempt from 
the requirements of the provisions listed in subsection (c).
  (b) Legal Description.--The tracts of land referred to in 
subsection (a) are as follows:
          (1) Zone west.--A tract of land situated within 
        Section 2, 3, 4, 5, 7, 8, 9, 10, and 11, Township 19 
        South, Range 2 West of the San Bernadino Meridian, 
        within the County of San Diego, State of California, 
        more particularly described as follows: Beginning at 
        the Southwest corner of Fractional Section 7, T19S, 
        R2W; said Point-of-Beginning being on the United 
        States/Mexico International Boundary Line and also 
        being a point of mean sea level of the Pacific Ocean 
        (at Borderfield State Park); thence, N 02+31"00&, W, a 
        distance of approximately 800.00 feet to a point. 
        Thence, N 84+44"08, E, a distance of approximately 
        1,845.12 feet to a point. Said point being on the 
        Section line common to Section 7 and 8, T19S, R2W. 
        Thence, S 01+05"10, W, along said Section line, a 
        distance of approximately 270.62 feet to a point. 
        Thence, S 89+49"43, E, a distance of approximately 
        1,356.50 feet to a point. Thence, N 45+34"58, E, a 
        distance of approximately 1,901.75 feet to a point. 
        Said point being on the Section line common to Sections 
        5 and 8, T19S, R2W. Thence, N 00+40"00, E, a distance 
        of approximately 300.00 feet to a point. Thence, S 
        89+54"53, E, a distance of approximately 1,322.05 feet 
        to a point. Thence, S 00+25"27, W, a distance of 
        approximately 300.00 feet to a point. Said point being 
        on the Section line common to Sections 5 and 8, T19S, 
        R2W. Thence, S 89+37"09, E, along the Section line 
        common to Section 4, 5, 8, and 9, T19S, R2W, a distance 
        of approximately 5,361.32 feet to a point. Thence, N 
        00+12"59, E, a distance of approximately 400.00 feet to 
        a point. Thence, N 90+00"00, E, a distance of 
        approximately 1,349.81 feet to a point. Said point 
        being on the Section line common to Sections 3 and 4, 
        T19S, R2W. Thence, S 00+30"02, W, a distance of 
        approximately 410.37 feet to a point. Said point being 
        the Section corner common to Sections 3, 4, 9, and 10, 
        T19S, R2W. Thence, S 89+36"11, E, along the Section 
        line common to Sections 2, 3, 10, and 11, T19S, R2W, a 
        distance of approximately 6,129.36 feet to a point. 
        Thence, along the arc of a curve to the left, having a 
        radius of 518.88 feet, and a distance of 204.96 feet to 
        a point. Thence, S 89+59"41, E, a distance of 
        approximately 258.66 feet to a point. Thence, S 
        00+00"00, E, a distance of approximately 111.74 feet to 
        a point. Said point being within the NW \1/4\ of 
        fractional section 11, T19S, R2W, on the United States/
        Mexico International Boundary. Thence, S 84+41"20, W, 
        along said United States/Mexico International Boundary, 
        a distance of approximately 19,210.48 feet to the 
        Point-of-Beginning. Said tract of land containing an 
        area of 396.61 acre, more or less.
          (2) Zone east.--A tract of land situated within 
        Section 32 and 33, T18S, R1E of the San Bernadino 
        Meridian, County of San Diego, State of California, and 
        being described as follows: Beginning at the \1/4\ 
        Section line of Section 32, T18S, R1E. Said Point-of-
        Beginning being on the United States/Mexico 
        International Boundary Line and having a coordinate 
        value of X = 6360877.25 Y = 1781730.88. Thence, N 
        00+32"02, W, a distance of approximately 163.56 feet to 
        a point. Thence, N 78+33"17, E, a distance of 
        approximately 1,388.23 feet to a point. Thence, N 
        84+37"31, E, a distance of approximately 1,340.20 feet 
        to a point. Thence, N 75+00"00, E, a distance of 
        approximately 1,000.00 feet to a point. Thence, S 
        88+06"07, E, a distance of approximately 1,806.81 feet 
        to a point. Thence, N 80+00"00, E, a distance of 
        approximately 1,050.00 feet to a point. Thence, N 
        87+00"00, E, a distance of approximately 1,100.00 feet 
        to a point. Thence, S 00+00"00, W, a distance of 
        approximately 300.00 feet to a point. Said point being 
        on the United States/Mexico International boundary. 
        Thence, S 844"09, W, along said boundary, a distance of 
        approximately 7,629.63 to the Point-of-Beginning. Said 
        tract of land having an area of approximately 56.60 
        acres more or less.
  (c) Exemption From Certain Requirements.--The provisions 
referred to in subsection (a) areas as follows:
          (1) Noise Control Act of 1972 (42 U.S.C. 4901 et 
        seq.), as amended by Quiet Communities of 1978 (P.L. 
        95-609).
          (2) Clean Air Act and amendments of 1990 (42 U.S.C. 
        7401-7671q).
          (3) Clean Water Act of 1977 (33 U.S.C. 1342).
          (4) Executive Order 11988 (Floodplain Management), as 
        amended by Executive Order 12608.
          (5) Executive Order 11990 (Protection of Wetlands), 
        as amended by Executive Order 12608.
          (6) Coastal Zone Management Act of 1972 (16 U.S.C. 
        1456(c)).
          (7) Resource Conservation and Recovery Act of 1976 
        (42 U.S.C. 6901-6992k) as amended by Hazardous and 
        Solid Waste Amendments of 1984 (P.L. 98-616; 98 Stat. 
        3221).
          (8) Comprehensive, Environmental Response, 
        Compensation, Liability Act of 1980 (42 U.S.C. 9601-
        9675), as amended by Emergency Planning and Community 
        Right-To-Know-Act of 1986 (42 U.S.C. 11001 et seq.).
          (9) Farmland Protection Policy Act of 1981 (7 U.S.C. 
        4201 et seq.).
          (10) Endangered Species Act of 1973, as amended (16 
        U.S.C. 1531-1544).
          (11) Migratory Bird Treaty Act of 1918 (16 U.S.C. 
        703-712).
          (12) Bald and Golden Eagle Act of 1940, as amended 
        (16 U.S.C. 688-688d).
          (13) National Historic Preservation Act of 1966 (16 
        U.S.C. 470 et seq.), as amended Executive Order 13007--
        Sacred Sites Presidential Memorandum regarding 
        government to Government Relations (April 29, 1994).
          (14) Native American Graves Protection and 
        Repatriation Act (43 CFR Part 10).
          (15) Archeological Resources Protection Act of 1979 
        (16 U.S.C. 470aa-470ii).
          (16) Executive Order 12898 (Federal Actions to 
        Address Environmental Justice in Minority Populations 
        and Low-Income Populations) of 1994.
                              ----------                              


18. An Amendment To Be Offered by Representative Fossella of New York, 
            or His Designee, To Be Debatable for 10 Minutes

  Page 606, after line 17, insert the following (and 
redesignate the subsequent subsections accordingly):

  (d) Multi-Year Interoperability Grants.--
          (1) Multi-year commitments.--In awarding grants to 
        any State, region, local government, or Indian tribe 
        for the purposes of enhancing interoperable 
        communications capabilities for emergency response 
        providers, the Secretary may commit to obligate Federal 
        assistance beyond the current fiscal year, subject to 
        the limitations and restrictions in this subsection.
          (2) Restrictions.--
                  (A) Time limit.--No multi-year 
                interoperability commitment may exceed 3 years 
                in duration.
                  (B) Amount of committed funds.--The total 
                amount of assistance the Secretary has 
                committed to obligate for any future fiscal 
                year under paragraph (1) may not exceed 
                $150,000,000.
          (3) Letters of intent.--
                  (A) Issuance.--Pursuant to paragraph (1), the 
                Secretary may issue a letter of intent to an 
                applicant committing to obligate from future 
                budget authority an amount, not more than the 
                Federal Government's share of the project's 
                cost, for an interoperability communications 
                project (including interest costs and costs of 
                formulating the project).
                  (B) Schedule.--A letter of intent under this 
                paragraph shall establish a schedule under 
                which the Secretary will reimburse the 
                applicant for the Federal Government's share of 
                the project's costs, as amounts become 
                available, if the applicant, after the 
                Secretary issues the letter, carries out the 
                project before receiving amounts under a grant 
                issued by the Secretary.
                  (C) Notice to secretary.--An applicant that 
                is issued a letter of intent under this 
                subsection shall notify the Secretary of the 
                applicant's intent to carry out a project 
                pursuant to the letter before the project 
                begins.
                  (D) Notice to congress.--The Secretary shall 
                transmit a written notification to the Congress 
                no later than 3 days before the issuance of a 
                letter of intent under this section.
                  (E) Limitations.--A letter of intent issued 
                under this section is not an obligation of the 
                Government under section 1501 of title 31, 
                United States Code, and is not deemed to be an 
                administrative commitment for financing. An 
                obligation or administrative commitment may be 
                made only as amounts are provided in 
                authorization and appropriations laws.
                  (F) Statutory construction.--Nothing in this 
                subsection shall be construed--
                          (i) to prohibit the obligation of 
                        amounts pursuant to a letter of intent 
                        under this subsection in the same 
                        fiscal year as the letter of intent is 
                        issued; or
                          (ii) to apply to, or replace, Federal 
                        assistance intended for interoperable 
                        communications that is not provided 
                        pursuant to a commitment under this 
                        subsection.
  (e) Interoperable Communications Plans.--Any applicant 
requesting funding assistance from the Secretary for 
interoperable communications for emergency response providers 
shall submit an Interoperable Communications Plan to the 
Secretary for approval. Such a plan shall--
          (1) describe the current state of communications 
        interoperability in the applicable jurisdictions among 
        Federal, State, and local emergency response providers 
        and other relevant private resources;
          (2) describe the available and planned use of public 
        safety frequency spectrum and resources for 
        interoperable communications within such jurisdictions;
          (3) describe how the planned use of spectrum and 
        resources for interoperable communications is 
        compatible with surrounding capabilities and 
        interoperable communications plans of Federal, State, 
        and local governmental entities, military 
        installations, foreign governments, critical 
        infrastructure, and other relevant entities;
          (4) include a 5-year plan for the dedication of 
        Federal, State, and local government and private 
        resources to achieve a consistent, secure, and 
        effective interoperable communications system, 
        including planning, system design and engineering, 
        testing and technology development, procurement and 
        installation, training, and operations and maintenance; 
        and
          (5) describe how such 5-year plan meets or exceeds 
        any applicable standards and grant requirements 
        established by the Secretary.
                              ----------                              


    19. An Amendment To Be Offered by Representative Curt Weldon of 
     Pennsylvania, or His Designee, To Be Debatable for 10 Minutes

  At the end of chapter 2 of subtitle H of title V (page 602, 
after line 16), add the following:

SEC. __. EMERGENCY PREPAREDNESS COMPACTS.

  Section 611(h) of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
          (1) by redesignating paragraphs (1), (2), and (3) as 
        paragraphs (2), (3), and (4), respectively;
          (2) by indenting paragraph (2) (as so redesignated); 
        and
          (3) by striking the subsection designation and 
        heading and inserting the following:
  ``(h) Emergency Preparedness Compacts.--(1) The Director 
shall establish a program supporting the development of 
emergency preparedness compacts for acts of terrorism, 
disasters, and emergencies throughout the Nation, by--
          ``(A) identifying and cataloging existing emergency 
        preparedness compacts for acts of terrorism, disasters, 
        and emergencies at the State and local levels of 
        government;
          ``(B) disseminating to State and local governments 
        examples of best practices in the development of 
        emergency preparedness compacts and models of existing 
        emergency preparedness compacts, including agreements 
        involving interstate jurisdictions; and
          ``(C) completing an inventory of Federal response 
        capabilities for acts of terrorism, disasters, and 
        emergencies, making such inventory available to 
        appropriate Federal, State, and local government 
        officials, and ensuring that such inventory is as 
        current and accurate as practicable.''.
                              ----------                              


 20. An Amendment To Be Offered by Representative Mica of Florida, or 
              His Designee, To Be Debatable for 10 Minutes

  Page 198, after line 22, insert the following (and 
redesignate subsequent subparagraphs of the quoted matter 
accordingly):

                  ``(D) Prescreening international 
                passengers.--Not later than 60 days after date 
                of enactment of this subparagraph, the 
                Secretary of Homeland Security, or the designee 
                of the Secretary, shall issue a notice of 
                proposed rulemaking that will allow the 
                Department of Homeland Security to compare 
                passenger name records for any international 
                flight to or from the United States against the 
                consolidated and integrated terrorist watchlist 
                maintained by the Federal Government before 
                departure of the flight.

  Page 199, strike lines 17 through 22 and insert the 
following:

                  ``(F) Appeal procedures.--
                          ``(i) In general.--The Assistant 
                        Secretary shall establish a timely and 
                        fair process for individuals identified 
                        as a threat under one or more of 
                        subparagraphs (C), (D), and (E) to 
                        appeal to the Transportation Security 
                        Administration the determination and 
                        correct any erroneous information.
                          ``(ii) Records.--The process shall 
                        include the establishment of a method 
                        by which the Assistant Secretary will 
                        be able to maintain a record of air 
                        passengers who have been misidentified 
                        and have corrected erroneous 
                        information. To prevent repeated delays 
                        of misidentified passengers, the 
                        Transportation Security Administration 
                        record shall contain information 
                        determined by the Assistant Secretary 
                        to authenticate the identity of such a 
                        passenger.

  Page 203, lines 5 and 6, strike ``explosive detection 
systems'' and insert ``explosive detection devices''.

  Page 203, line 9, insert ``backscatter x-ray scanners,'' 
after ``shoe scanners,''.

  Page 213, after line 9, insert the following (and conform the 
table of contents of the bill accordingly):

SEC. 2188. IN-LINE CHECKED 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.

  Page 213, line 10, redesignate section 2188 of the bill as 
section 2189 and conform the table of contents of the bill 
accordingly.
                              ----------                              


21. An Amendment To Be Offered by Representative Bartlett of Maryland, 
            or His Designee, To Be Debatable for 10 Minutes

  Page 478, insert after line 15 the following:

SECTION 5010. STUDY OF EXPANSION OF AREA OF JURISDICTION OF OFFICE OF 
                    NATIONAL CAPITAL REGION COORDINATION.

  (a) Study.--The Secretary of Homeland Security, acting 
through the Director of the Office of National Capital Region 
Coordination, shall conduct a study of the feasibility and 
desirability of modifying the definition of ``National Capital 
Region'' applicable under section 882 of the Homeland Security 
Act of 2002 to expand the geographic area under the 
jurisdiction of the Office of National Capital Region 
Coordination.
  (b) Factors.--In conducting the study under subsection (a), 
the Secretary shall analyze whether expanding the geographic 
area under the jurisdiction of the Office of National Region 
Coordination will--
          (1) promote coordination among State and local 
        governments within the Region, including regional 
        governing bodies, and coordination of the efforts of 
        first responders; and
          (2) enhance the ability of such State and local 
        governments and the Federal Government to prevent and 
        respond to a terrorist attack within the Region.
  (c) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary shall submit a report to 
Congress on the study conducted under subsection (a), and shall 
include in the report such recommendations (including 
recommendations for legislation to amend section 882 of the 
Homeland Security Act of 2002) as the Secretary considers 
appropriate.
                              ----------                              


22. An Amendment To Be Offered by Representative Shadegg of Arizona, or 
              His Designee, To Be Debatable for 10 Minutes

  In title V, at the end of chapter 3 of subtitle H (page 609, 
after line 21) add the following:

SEC. __. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL 
                    AGE.

  (a) Pilot Study.--The Secretary of Homeland Security, from 
funds available for improving the national system to notify the 
general public in the event of a terrorist attack, and in 
consultation with the Attorney General and the heads of other 
appropriate Federal agencies, the National Association of State 
Chief Information Officers, and other stakeholders with respect 
to public warning systems, shall conduct a pilot study under 
which the Secretary may issue public warnings regarding threats 
to homeland security using a warning system that is similar to 
the AMBER Alert communications network.
  (b) Report.--Not later than 9 months after the date of the 
enactment of this Act, the Secretary shall submit to the 
Congress a report regarding the findings, conclusions, and 
recommendations of the pilot study.
                              ----------                              


 23. An Amendment To Be Offered by Representative Porter of Nevada, or 
              His Designee, To Be Debatable for 10 Minutes

  At the end of subtitle C of title V (page 493, after the item 
after line 21) add the following:

SEC. __. UNDER SECRETARY FOR THE PRIVATE SECTOR AND TOURISM.

  (a) Establishment of Under Secretary for the Private Sector 
and Tourism.--Section 103(a) of the Homeland Security Act of 
2002 (6 U.S.C. 113(a)) is further amended by redesignating 
paragraphs (2) through (10) in order as paragraphs (3) through 
(11), and by inserting after paragraph (1) the following:
          ``(2) An Under Secretary for the Private Sector and 
        Tourism.''.
  (b) Functions.--Section 102(f) of such Act (6 U.S.C. 112(f)) 
is further amended--
          (1) by striking so much as precedes paragraph (1) and 
        inserting the following:
  ``(f) Under Secretary for the Private Sector and Tourism.--
The Undersecretary for the Private Sector and Tourism shall be 
responsible for--''; and
          (2) by striking ``and'' after the semicolon at the 
        end of paragraph (7), by striking the period at the end 
        of paragraph (8) and inserting a semicolon, and by 
        adding at the end the following:
          ``(9) employing an analytic and economic staff who 
        shall report directly to the Under Secretary on the 
        commercial and economic impact of Department polices;
          ``(10) coordinating with the Office of State and 
        Local Government on all matters of concern to the 
        private sector, including the tourism industry; and
          ``(11) coordinating with the Assistant Secretary for 
        Trade Development of the Department of Commerce on 
        means of promoting tourism and travel to the United 
        States.''.

                                  
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