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Intelligence Reform and Terrorism Act

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    Intelligence Reform and Terrorism Act Intelligence Reform and Terrorism Act Document Transcript

    • INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004 ________________________________________________________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________ [DOCID: f:hr796.108] From the House Reports Online via GPO Access [wais.access.gpo.gov] _____________________________________________________________________________________ 108th Congress Report HOUSE OF REPRESENTATIVES 2d Session 108-796 ==================================================================================== December 7, 2004.--Ordered to be printed _____________________________________________________________________________________ Mr. Hoekstra, from the committee of conference, submitted the following CONFERENCE REPORT [To accompany S. 2845] The committee of conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2845), to reform the intelligence community and the intelligence and intelligence-related activities of the United States Government, and for other purposes, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the House amendment, insert the following:SECTION 1. SHORT TITLE; TABLE OF(a) Short Title.--This Act may be cited as the ``Intelligence Reform and TerrorismPrevention Act of 2004.(b) Table of --The table of for this Act is as follows:TABLE OFTITLE I--REFORM OF THE INTELLIGENCE COMMUNITYSec. 1001. Short title.Subtitle A--Establishment of Director of National IntelligenceSec. 1011. Reorganization and improvement of management of intelligence community.Sec. 1012. Revised definition of national intelligence.Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central IntelligenceAgency.Sec. 1014. Role of Director of National Intelligence in appointment of certain officials responsible for intelligencerelatedactivities.Sec. 1015. Executive Schedule matters.Sec. 1016. Information sharing.Sec. 1017. Alternative analysis of intelligence by the intelligence community.Sec. 1018. Presidential guidelines on implementation and preservation of authorities.Sec. 1019. Assignment of responsibilities relating to analytic integrity.Sec. 1020. Safeguard of objectivity in intelligence analysis.Subtitle B--National Counterterrorism Center, National Counter Proliferation Center, and National IntelligenceCentersSec. 1021. National Counterterrorism Center.Sec. 1022. National Counter Proliferation Center.Sec. 1023. National intelligence centers.Subtitle C--Joint Intelligence Community CouncilSec. 1031. Joint Intelligence Community Council.Subtitle D--Improvement of Education for the Intelligence CommunitySec. 1041. Additional education and training requirements.Sec. 1042. Cross-disciplinary education and training.Sec. 1043. Intelligence Community Scholarship Program.Subtitle E--Additional Improvements of Intelligence ActivitiesSec. 1051. Service and national laboratories and the intelligence community.Sec. 1052. Open-source intelligence.Sec. 1053. National Intelligence Reserve Corps.Subtitle F--Privacy and Civil LibertiesSec. 1061. Privacy and Civil Liberties Oversight Board.
    • Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.Subtitle G--Conforming and Other AmendmentsSec. 1071. Conforming amendments relating to roles of Director of National Intelligence and Director of the CentralIntelligence Agency.Sec. 1072. Other conforming amendments.Sec. 1073. Elements of intelligence community under National Security Act of 1947.Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.Sec. 1075. Repeal of superseded authority.Sec. 1076. Clerical amendments to National Security Act of 1947.Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central IntelligenceAgency.Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.Sec. 1079. Ethics matters.Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property andservices.Sec. 1081. General references.Subtitle H--Transfer, Termination, Transition, and Other ProvisionsSec. 1091. Transfer of Community Management Staff.Sec. 1092. Transfer of Terrorist Threat Integration Center.Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.Sec. 1094. Implementation plan.Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.Sec. 1096. Transitional authorities.Sec. 1097. Effective dates.Subtitle I--Other MattersSec. 1101. Study of promotion and professional military education school selection rates for military intelligenceofficers.Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board.Sec. 1103. Severability.TITLE II--FEDERAL BUREAU OF INVESTIGATIONSec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation.Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.Sec. 2003. Federal Bureau of Investigation intelligence career service.Sec. 2004. Federal Bureau of Investigation Reserve Service.Sec. 2005. Federal Bureau of Investigation mandatory separation age.Sec. 2006. Federal Bureau of Investigation use of translators.TITLE III--SECURITY CLEARANCESSec. 3001. Security clearances.TITLE IV--TRANSPORTATION SECURITYSubtitle A--National Strategy for Transportation SecuritySec. 4001. National Strategy for Transportation Security.Subtitle B--Aviation SecuritySec. 4011. Provision for the use of biometric or other technology.Sec. 4012. Advanced airline passenger prescreening.Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints.Sec. 4014. Advanced airport checkpoint screening devices.Sec. 4015. Improvement of screener job performance.Sec. 4016. Federal air marshals.Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.Sec. 4018. Foreign air marshal training.Sec. 4019. In-line checked baggage screening.Sec. 4020. Checked baggage screening area monitoring.Sec. 4021. Wireless communication.Sec. 4022. Improved pilot licenses.Sec. 4023. Aviation security staffing.Sec. 4024. Improved explosive detection systems.Sec. 4025. Prohibited items list.Sec. 4026. Man-Portable Air Defense Systems (MANPADs).Sec. 4027. Technical corrections.Sec. 4028. Report on secondary flight deck barriers.Sec. 4029. Extension of authorization of aviation security funding.Subtitle C--Air Cargo SecuritySec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers.Sec. 4052. Air cargo security.Sec. 4053. Air cargo security regulations.Sec. 4054. Report on international air cargo threats.Subtitle D--Maritime SecuritySec. 4071. Watch lists for passengers aboard vessels.Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.Subtitle E--General ProvisionsSec. 4081. Definitions.Sec. 4082. Effective date.TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
    • Subtitle A--Advanced Technology Northern Border Security Pilot ProgramSec. 5101. Establishment.Sec. 5102. Program requirements.Sec. 5103. Administrative provisions.Sec. 5104. Report.Sec. 5105. Authorization of appropriations.Subtitle B--Border and Immigration EnforcementSec. 5201. Border surveillance.Sec. 5202. Increase in full-time Border Patrol agents.Sec. 5203. Increase in full-time immigration and customs enforcement investigators.Sec. 5204. Increase in detention bed space.Subtitle C--Visa RequirementsSec. 5301. In person interviews of visa applicants.Sec. 5302. Visa application requirements.Sec. 5303. Effective date.Sec. 5304. Revocation of visas and other travel documentation.Subtitle D--Immigration ReformSec. 5401. Bringing in and harboring certain aliens.Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations.Sec. 5403. Study and report on terrorists in the asylum system.Subtitle E--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities AbroadSec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killingsabroad.Sec. 5502. Inadmissibility and deportability of foreign government officials who have committed particularly severeviolations of religious freedom.Sec. 5503. Waiver of inadmissibility.Sec. 5504. Bar to good moral character for aliens who have committed acts of torture, extrajudicial killings, or severeviolations of religious freedom.Sec. 5505. Establishment of the Office of Special Investigations.Sec. 5506. Report on implementation.TITLE VI--TERRORISM PREVENTIONSubtitle A--Individual Terrorists as Agents of Foreign PowersSec. 6001. Individual terrorists as agents of foreign powers.Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.Subtitle B--Money Laundering and Terrorist FinancingSec. 6101. Additional authorization for finCEN.Sec. 6102. Money laundering and financial crimes strategy reauthorization.Subtitle C--Money Laundering Abatement and Financial Antiterrorism Technical CorrectionsSec. 6201. Short title.Sec. 6202. Technical corrections to Public Law 107-56.Sec. 6203. Technical corrections to other provisions of law.Sec. 6204. Repeal of review.Sec. 6205. Effective date.Subtitle D--Additional Enforcement ToolsSec. 6301. Bureau of Engraving and Printing security printing.Sec. 6302. Reporting of certain cross-border transmittal of funds.Sec. 6303. Terrorism financing.Subtitle E--Criminal History Background ChecksSec. 6401. Protect Act.Sec. 6402. Reviews of criminal records of applicants for private security officer employment.Sec. 6403. Criminal history background checks.Subtitle F--Grand Jury Information SharingSec. 6501. Grand jury information sharing.Subtitle G--Providing Material Support to TerrorismSec. 6601. Short title.Sec. 6602. Receiving military-type training from a foreign terrorist organization.Sec. 6603. Additions to offense of providing material support to terrorism.Sec. 6604. Financing of terrorism.Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004Sec. 6701. Short title.Sec. 6702. Hoaxes and recovery costs.Sec. 6703. Obstruction of justice and false statements in terrorism cases.Sec. 6704. Clarification of definition.Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 2004Sec. 6801. Short title.Sec. 6802. Weapons of mass destruction.Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 2004Sec. 6901. Short title.Sec. 6902. Findings and purpose.Sec. 6903. Missile systems designed to destroy aircraft.Sec. 6904. Atomic weapons.Sec. 6905. Radiological dispersal devices.
    • Sec. 6906. Variola virus.Sec. 6907. Interception of communications.Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.Sec. 6910. Export licensing process.Sec. 6911. Clerical amendments.Subtitle K--Pretrial Detention of TerroristsSec. 6951. Short title.Sec. 6952. Presumption for pretrial detention in cases involving terrorism.TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONSSec. 7001. Short title.Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on TerrorismSec. 7101. Findings.Sec. 7102. Terrorist sanctuaries.Sec. 7103. United States commitment to the future of Pakistan.Sec. 7104. Assistance for Afghanistan.Sec. 7105. The relationship between the United States and Saudi Arabia.Sec. 7106. Efforts to combat Islamist terrorism.Sec. 7107. United States policy toward dictatorships.Sec. 7108. Promotion of free media and other American values.Sec. 7109. Public diplomacy responsibilities of the Department of State.Sec. 7110. Public diplomacy training.Sec. 7111. Promoting democracy and human rights at international organizations.Sec. 7112. Expansion of United States scholarship and exchange programs in the Islamic world.Sec. 7112. Pilot program to provide grants to American-sponsored schools in predominantly Muslim countries toprovide scholarships.Sec. 7113. International Youth Opportunity Fund.Sec. 7114. The use of economic policies to combat terrorism.Sec. 7115. Middle East partnership initiative.Sec. 7116. Comprehensive coalition strategy for fighting terrorism.Sec. 7117. Financing of terrorism.Sec. 7118. Designation of foreign terrorist organizations.Sec. 7119. Report to Congress.Sec. 7120. Case-Zablocki Act requirements.Sec. 7121. Effective date.Subtitle B--Terrorist Travel and Effective ScreeningSec. 7201. Counterterrorist travel intelligence.Sec. 7202. Establishment of human smuggling and trafficking center.Sec. 7203. Responsibilities and functions of consular officers.Sec. 7204. International agreements to track and curtail terrorist travel through the use of fraudulently obtaineddocuments.Sec. 7205. International standards for transliteration of names into the Roman alphabet for international traveldocuments and name-based watchlist systems.Sec. 7206. Immigration security initiative.Sec. 7207. Certification regarding technology for visa waiver participants.Sec. 7208. Biometric entry and exit data system.Sec. 7209. Travel documents.Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.Sec. 7211. Minimum standards for birth certificates.Sec. 7212. Drivers licenses and personal identification cards.Sec. 7213. Social security cards and numbers.Sec. 7214. Prohibition of the display of social security account numbers on drivers licenses or motor vehicleregistrations.Sec. 7215. Terrorist travel program.Sec. 7216. Increase in penalties for fraud and related activity.Sec. 7217. Study on allegedly lost or stolen passports.Sec. 7218. Establishment of visa and passport security program in the Department of State.Sec. 7219. Effective date.Sec. 7220. Identification standards.Subtitle C--National PreparednessSec. 7301. The incident command system.Sec. 7302. National capital region mutual aid.Sec. 7303. Enhancement of public safety communications interoperability.Sec. 7304. Regional model strategic plan pilot projects.Sec. 7305. Private sector preparedness.Sec. 7306. Critical infrastructure and readiness assessments.Sec. 7307. Northern command and defense of the United States homeland.Sec. 7308. Effective date.Subtitle D--Homeland SecuritySec. 7401. Sense of Congress on first responder funding.Sec. 7402. Coordination of industry efforts.Sec. 7403. Study regarding nationwide emergency notification system.Sec. 7404. Pilot study to move warning systems into the modern digital age.
    • Sec. 7405. Required coordination.Sec. 7406. Emergency preparedness compacts.Sec. 7407. Responsibilities of counternarcotics office.Sec. 7408. Use of counternarcotics enforcement activities in certain employee performance appraisals.Subtitle E--Public Safety SpectrumSec. 7501. Digital television conversion deadline.Sec. 7502. Studies on telecommunications capabilities and requirements.Subtitle F--Presidential TransitionSec. 7601. Presidential transition.Subtitle G--Improving International Standards and Cooperation to Fight Terrorist FinancingSec. 7701. Improving international standards and cooperation to fight terrorist financing.Sec. 7702. Definitions.Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.Sec. 7704. Coordination of United States Government efforts.Subtitle H--Emergency Financial PreparednessSec. 7801. Delegation authority of the Secretary of the Treasury.Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education.Sec. 7803. Emergency Securities Response Act of 2004.Sec. 7804. Private sector preparedness.TITLE VIII--OTHER MATTERSSubtitle A--Intelligence MattersSec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.Subtitle B--Department of Homeland Security MattersSec. 8201. Homeland security geospatial information.Subtitle C--Homeland Security Civil Rights and Civil Liberties ProtectionSec. 8301. Short title.Sec. 8302. Mission of Department of Homeland Security.Sec. 8303. Officer for Civil Rights and Civil Liberties.Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector General.Sec. 8305. Privacy officer.Sec. 8306. Protections for human research subjects of the Department of Homeland Security.Subtitle D--Other MattersSec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning for information securityneeds.Sec. 8402. Enterprise architecture.Sec. 8403. Financial disclosure and records.Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.Joint Explanatory Statement of the Committee of the Conference_________________________________________________________________________________________________About.This database contains the text of the Intelligence Reform and Terrorism Prevention Act of 2004. You can use the powerful searchcapabilities of askSam to find keywords and phrases throughout the report.Detailed InformationCongressional Reports: H.Rpt. 108-796 - Intelligence Reform and Terrorism Prevention Act of 2004. Conference Report (toaccompany S. 2845) S. 2845, the Intelligence Reform and Terrorism Prevention Act of 2004, was passed in the House ofRepresentatives on 12/07/04, with a vote of 336-75. It was passed in the Senate on 12/08/04, with a vote of 89-2. The IntelligenceReform and Terrorism Prevention Act of 2004, Conference Report (to accompany S. 2845) is being made available as it has beenprinted by Government Printing Office.The Full Conference Report (625 KB, 244 pages) has been made available in its entirety, as a single PDF file. GPO has refined thefull Conference Report by adding bookmarks to it and optimizing it for the web. In addition, the entire report is also available in TEXTformat (821 KB). Because of its large size, the Conference Report is also available as a collection of smaller PDFs arranged in thebrowse table below based on its table of The document has been broken down this way to allow for easier download andwider access.These versions can be accessed at:http://www.gpoaccess.gov/serialset/creports/intel_reform.html###SEC. 1001. SHORT TITLE._________________________________________________________________________________________________TITLE I--REFORM OF THE INTELLIGENCE COMMUNITYSEC. 1001. SHORT TITLE.This title may be cited as the ``National SecurityIntelligence Reform Act of 2004._________________________________________________________________________________________________SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY._________________________________________________________________________________________________
    • Subtitle A--Establishment of Director of National IntelligenceSEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.(a) In General.--Title I of the National Security Act of1947 (50 U.S.C. 402 et seq.) is amended by striking sections102 through 104 and inserting the following new sections:``DIRECTOR OF NATIONAL INTELLIGENCE``Sec. 102. (a) Director of National Intelligence.--(1)There is a Director of National Intelligence who shall beappointed by the President, by and with the advice and consentof the Senate. Any individual nominated for appointment asDirector of National Intelligence shall have extensive nationalsecurity expertise.``(2) The Director of National Intelligence shall not belocated within the Executive Office of the President.``(b) Principal Responsibility.--Subject to the authority,direction, and control of the President, the Director ofNational Intelligence shall--``(1) serve as head of the intelligence community;``(2) act as the principal adviser to thePresident, to the National Security Council, and theHomeland Security Council for intelligence mattersrelated to the national security; and``(3) consistent with section 1018 of the NationalSecurity Intelligence Reform Act of 2004, oversee anddirect the implementation of the National IntelligenceProgram.``(c) Prohibition on Dual Service.--The individual servingin the position of Director of National Intelligence shall not,while so serving, also serve as the Director of the CentralIntelligence Agency or as the head of any other element of theintelligence community.``RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONALINTELLIGENCE``Sec. 102A. (a) Provision of Intelligence.--(1) TheDirector of National Intelligence shall be responsible forensuring that national intelligence is provided--``(A) to the President;``(B) to the heads of departments and agencies ofthe executive branch;``(C) to the Chairman of the Joint Chiefs of Staffand senior military commanders;``(D) to the Senate and House of Representativesand the committees thereof; and``(E) to such other persons as the Director ofNational Intelligence determines to be appropriate.``(2) Such national intelligence should be timely,objective, independent of political considerations, and basedupon all sources available to the intelligence community andother appropriate entities.``(b) Access to Intelligence.--Unless otherwise directed bythe President, the Director of National Intelligence shall haveaccess to all national intelligence and intelligence related tothe national security which is collected by any Federaldepartment, agency, or other entity, except as otherwiseprovided by law or, as appropriate, under guidelines agreedupon by the Attorney General and the Director of NationalIntelligence.``(c) Budget Authorities.--(1) With respect to budgetrequests and appropriations for the National IntelligenceProgram, the Director of National Intelligence shall--``(A) based on intelligence priorities set by thePresident, provide to the heads of departmentscontaining agencies or organizations within theintelligence community, and to the heads of suchagencies and organizations, guidance for developing theNational Intelligence Program budget pertaining to suchagencies and organizations;``(B) based on budget proposals provided to theDirector of National Intelligence by the heads ofagencies and organizations within the intelligencecommunity and the heads of their respective departmentsand, as appropriate, after obtaining the advice of the
    • Joint Intelligence Community Council, develop anddetermine an annual consolidated National IntelligenceProgram budget; and``(C) present such consolidated NationalIntelligence Program budget, together with any commentsfrom the heads of departments containing agencies ororganizations within the intelligence community, to thePresident for approval.``(2) In addition to the information provided underparagraph (1)(B), the heads of agencies and organizationswithin the intelligence community shall provide the Director ofNational Intelligence such other information as the Directorshall request for the purpose of determining the annualconsolidated National Intelligence Program budget under thatparagraph.``(3)(A) The Director of National Intelligence shallparticipate in the development by the Secretary of Defense ofthe annual budgets for the Joint Military Intelligence Programand for Tactical Intelligence and Related Activities.``(B) The Director of National Intelligence shall provideguidance for the development of the annual budget for eachelement of the intelligence community that is not within theNational Intelligence Program.``(4) The Director of National Intelligence shall ensurethe effective execution of the annual budget for intelligenceand intelligence-related activities.``(5)(A) The Director of National Intelligence shall beresponsible for managing appropriations for the NationalIntelligence Program by directing the allotment or allocationof such appropriations through the heads of the departmentscontaining agencies or organizations within the intelligencecommunity and the Director of the Central Intelligence Agency,with prior notice (including the provision of appropriatesupporting information) to the head of the departmentcontaining an agency or organization receiving any suchallocation or allotment or the Director of the CentralIntelligence Agency.``(B) Notwithstanding any other provision of law, pursuantto relevant appropriations Acts for the National IntelligenceProgram, the Director of the Office of Management and Budgetshall exercise the authority of the Director of the Office ofManagement and Budget to apportion funds, at the exclusivedirection of the Director of National Intelligence, forallocation to the elements of the intelligence communitythrough the relevant host executive departments and the CentralIntelligence Agency. Department comptrollers or appropriatebudget execution officers shall allot, allocate, reprogram, ortransfer funds appropriated for the National IntelligenceProgram in an expeditious manner.``(C) The Director of National Intelligence shall monitorthe implementation and execution of the National IntelligenceProgram by the heads of the elements of the intelligencecommunity that manage programs and activities that are part ofthe National Intelligence Program, which may include audits andevaluations.``(6) Apportionment and allotment of funds under thissubsection shall be subject to chapter 13 and section 1517 oftitle 31, United States Code, and the Congressional Budget andImpoundment Control Act of 1974 (2 U.S.C. 621 et seq.).``(7)(A) The Director of National Intelligence shallprovide a semi-annual report, beginning April 1, 2005, andending April 1, 2007, to the President and the Congressregarding implementation of this section.``(B) The Director of National Intelligence shall report tothe President and the Congress not later than 15 days afterlearning of any instance in which a departmental comptrolleracts in a manner inconsistent with the law (including permanentstatutes, authorization Acts, and appropriations Acts), or thedirection of the Director of National Intelligence, in carryingout the National Intelligence Program.``(d) Role of Director of National Intelligence in Transferand Reprogramming of Funds.--(1)(A) No funds made availableunder the National Intelligence Program may be transferred or
    • reprogrammed without the prior approval of the Director ofNational Intelligence, except in accordance with proceduresprescribed by the Director of National Intelligence.``(B) The Secretary of Defense shall consult with theDirector of National Intelligence before transferring orreprogramming funds made available under the Joint MilitaryIntelligence Program.``(2) Subject to the succeeding provisions of thissubsection, the Director of National Intelligence may transferor reprogram funds appropriated for a program within theNational Intelligence Program to another such program.``(3) The Director of National Intelligence may onlytransfer or reprogram funds referred to in subparagraph (A)--``(A) with the approval of the Director of theOffice of Management and Budget; and``(B) after consultation with the heads ofdepartments containing agencies or organizations withinthe intelligence community to the extent such agenciesor organizations are affected, and, in the case of theCentral Intelligence Agency, after consultation withthe Director of the Central Intelligence Agency.``(4) The amounts available for transfer or reprogrammingin the National Intelligence Program in any given fiscal year,and the terms and conditions governing such transfers andreprogrammings, are subject to the provisions of annualappropriations Acts and this subsection.``(5)(A) A transfer or reprogramming of funds or personnelmay be made under this subsection only if--``(i) the funds are being transferred to anactivity that is a higher priority intelligenceactivity;``(ii) the transfer or reprogramming supports anemergent need, improves program effectiveness, orincreases efficiency;``(iii) the transfer or reprogramming does notinvolve a transfer or reprogramming of funds to aReserve for Contingencies of the Director of NationalIntelligence or the Reserve for Contingencies of theCentral Intelligence Agency;``(iv) the transfer or reprogramming results in acumulative transfer or reprogramming of funds out ofany department or agency, as appropriate, funded in theNational Intelligence Program in a single fiscal year--``(I) that is less than $150,000,000, and``(II) that is less than 5 percent ofamounts available to a department or agencyunder the National Intelligence Program; and``(v) the transfer or reprogramming does notterminate an acquisition program.``(B) A transfer or reprogramming may be made withoutregard to a limitation set forth in clause (iv) or (v) ofsubparagraph (A) if the transfer has the concurrence of thehead of the department involved or the Director of the CentralIntelligence Agency (in the case of the Central IntelligenceAgency). The authority to provide such concurrence may only bedelegated by the head of the department or agency involved tothe deputy of such officer.``(6) Funds transferred or reprogrammed under thissubsection shall remain available for the same period as theappropriations account to which transferred or reprogrammed.``(7) Any transfer or reprogramming of funds under thissubsection shall be carried out in accordance with existingprocedures applicable to reprogramming notifications for theappropriate congressional committees. Any proposed transfer orreprogramming for which notice is given to the appropriatecongressional committees shall be accompanied by a reportexplaining the nature of the proposed transfer or reprogrammingand how it satisfies the requirements of this subsection. Inaddition, the congressional intelligence committees shall bepromptly notified of any transfer or reprogramming of fundsmade pursuant to this subsection in any case in which thetransfer or reprogramming would not have otherwise requiredreprogramming notification under procedures in effect as of the
    • date of the enactment of this subsection.``(e) Transfer of Personnel.--(1)(A) In addition to anyother authorities available under law for such purposes, in thefirst twelve months after establishment of a new nationalintelligence center, the Director of National Intelligence,with the approval of the Director of the Office of Managementand Budget and in consultation with the congressionalcommittees of jurisdiction referred to in subparagraph (B), maytransfer not more than 100 personnel authorized for elements ofthe intelligence community to such center.``(B) The Director of National Intelligence shall promptlyprovide notice of any transfer of personnel made pursuant tothis paragraph to--``(i) the congressional intelligence committees;``(ii) the Committees on Appropriations of theSenate and the House of Representatives;``(iii) in the case of the transfer of personnel toor from the Department of Defense, the Committees onArmed Services of the Senate and the House ofRepresentatives; and``(iv) in the case of the transfer of personnel toor from the Department of Justice, to the Committees onthe Judiciary of the Senate and the House ofRepresentatives.``(C) The Director shall include in any notice undersubparagraph (B) an explanation of the nature of the transferand how it satisfies the requirements of this subsection.``(2)(A) The Director of National Intelligence, with theapproval of the Director of the Office of Management and Budgetand in accordance with procedures to be developed by theDirector of National Intelligence and the heads of thedepartments and agencies concerned, may transfer personnelauthorized for an element of the intelligence community toanother such element for a period of not more than 2 years.``(B) A transfer of personnel may be made under thisparagraph only if--``(i) the personnel are being transferred to anactivity that is a higher priority intelligenceactivity; and``(ii) the transfer supports an emergent need,improves program effectiveness, or increasesefficiency.``(C) The Director of National Intelligence shall promptlyprovide notice of any transfer of personnel made pursuant tothis paragraph to--``(i) the congressional intelligence committees;``(ii) in the case of the transfer of personnel toor from the Department of Defense, the Committees onArmed Services of the Senate and the House ofRepresentatives; and``(iii) in the case of the transfer of personnel toor from the Department of Justice, to the Committees onthe Judiciary of the Senate and the House ofRepresentatives.``(D) The Director shall include in any notice undersubparagraph (C) an explanation of the nature of the transferand how it satisfies the requirements of this paragraph.``(3) It is the sense of Congress that--``(A) the nature of the national security threatsfacing the United States will continue to challenge theintelligence community to respond rapidly and flexiblyto bring analytic resources to bear against emergingand unforeseen requirements;``(B) both the Office of the Director of NationalIntelligence and any analytic centers determined to benecessary should be fully and properly supported withappropriate levels of personnel resources and that thePresidents yearly budget requests adequately supportthose needs; and``(C) the President should utilize all legal andadministrative discretion to ensure that the Directorof National Intelligence and all other elements of theintelligence community have the necessary resources and
    • procedures to respond promptly and effectively toemerging and unforeseen national security challenges.``(f) Tasking and Other Authorities.--(1)(A) The Directorof National Intelligence shall--``(i) establish objectives, priorities, andguidance for the intelligence community to ensuretimely and effective collection, processing, analysis,and dissemination (including access by users tocollected data consistent with applicable law and, asappropriate, the guidelines referred to in subsection(b) and analytic products generated by or within theintelligence community) of national intelligence;``(ii) determine requirements and priorities for,and manage and direct the tasking of, collection,analysis, production, and dissemination of nationalintelligence by elements of the intelligence community,including--``(I) approving requirements (includingthose requirements responding to needs providedby consumers) for collection and analysis; and``(II) resolving conflicts in collectionrequirements and in the tasking of nationalcollection assets of the elements of theintelligence community; and``(iii) provide advisory tasking to intelligenceelements of those agencies and departments not withinthe National Intelligence Program.``(B) The authority of the Director of NationalIntelligence under subparagraph (A) shall not apply--``(i) insofar as the President so directs;``(ii) with respect to clause (ii) of subparagraph(A), insofar as the Secretary of Defense exercisestasking authority under plans or arrangements agreedupon by the Secretary of Defense and the Director ofNational Intelligence; or``(iii) to the direct dissemination of informationto State government and local government officials andprivate sector entities pursuant to sections 201 and892 of the Homeland Security Act of 2002 (6 U.S.C. 121,482).``(2) The Director of National Intelligence shall overseethe National Counterterrorism Center and may establish suchother national intelligence centers as the Director determinesnecessary.``(3)(A) The Director of National Intelligence shallprescribe, in consultation with the heads of other agencies orelements of the intelligence community, and the heads of theirrespective departments, personnel policies and programsapplicable to the intelligence community that--``(i) encourage and facilitate assignments anddetails of personnel to national intelligence centers,and between elements of the intelligence community;``(ii) set standards for education, training, andcareer development of personnel of the intelligencecommunity;``(iii) encourage and facilitate the recruitmentand retention by the intelligence community of highlyqualified individuals for the effective conduct ofintelligence activities;``(iv) ensure that the personnel of theintelligence community are sufficiently diverse forpurposes of the collection and analysis of intelligencethrough the recruitment and training of women,minorities, and individuals with diverse ethnic,cultural, and linguistic backgrounds;``(v) make service in more than one element of theintelligence community a condition of promotion to suchpositions within the intelligence community as theDirector shall specify; and``(vi) ensure the effective management ofintelligence community personnel who are responsiblefor intelligence community-wide matters.``(B) Policies prescribed under subparagraph (A) shall not
    • be inconsistent with the personnel policies otherwiseapplicable to members of the uniformed services.``(4) The Director of National Intelligence shall ensurecompliance with the Constitution and laws of the United Statesby the Central Intelligence Agency and shall ensure suchcompliance by other elements of the intelligence communitythrough the host executive departments that manage the programsand activities that are part of the National IntelligenceProgram.``(5) The Director of National Intelligence shall ensurethe elimination of waste and unnecessary duplication within theintelligence community.``(6) The Director of National Intelligence shall establishrequirements and priorities for foreign intelligenceinformation to be collected under the Foreign IntelligenceSurveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provideassistance to the Attorney General to ensure that informationderived from electronic surveillance or physical searches underthat Act is disseminated so it may be used efficiently andeffectively for national intelligence purposes, except that theDirector shall have no authority to direct or undertakeelectronic surveillance or physical search operations pursuantto that Act unless authorized by statute or Executive order.``(7) The Director of National Intelligence shall performsuch other functions as the President may direct.``(8) Nothing in this title shall be construed as affectingthe role of the Department of Justice or the Attorney Generalunder the Foreign Intelligence Surveillance Act of 1978.``(g) Intelligence Information Sharing.--(1) The Directorof National Intelligence shall have principal authority toensure maximum availability of and access to intelligenceinformation within the intelligence community consistent withnational security requirements. The Director of NationalIntelligence shall--``(A) establish uniform security standards andprocedures;``(B) establish common information technologystandards, protocols, and interfaces;``(C) ensure development of information technologysystems that include multi-level security andintelligence integration capabilities;``(D) establish policies and procedures to resolveconflicts between the need to share intelligenceinformation and the need to protect intelligencesources and methods;``(E) develop an enterprise architecture for theintelligence community and ensure that elements of theintelligence community comply with such architecture;and``(F) have procurement approval authority over allenterprise architecture-related information technologyitems funded in the National Intelligence Program.``(2) The President shall ensure that the Director ofNational Intelligence has all necessary support and authoritiesto fully and effectively implement paragraph (1).``(3) Except as otherwise directed by the President or withthe specific written agreement of the head of the department oragency in question, a Federal agency or official shall not beconsidered to have met any obligation to provide anyinformation, report, assessment, or other material (includingunevaluated intelligence information) to that department oragency solely by virtue of having provided that information,report, assessment, or other material to the Director ofNational Intelligence or the National Counterterrorism Center.``(4) Not later than February 1 of each year, the Directorof National Intelligence shall submit to the President and tothe Congress an annual report that identifies any statute,regulation, policy, or practice that the Director believesimpedes the ability of the Director to fully and effectivelyimplement paragraph (1).``(h) Analysis.--To ensure the most accurate analysis ofintelligence is derived from all sources to support nationalsecurity needs, the Director of National Intelligence shall--
    • ``(1) implement policies and procedures--``(A) to encourage sound analytic methodsand tradecraft throughout the elements of theintelligence community;``(B) to ensure that analysis is based uponall sources available; and``(C) to ensure that the elements of theintelligence community regularly conductcompetitive analysis of analytic products,whether such products are produced by ordisseminated to such elements;``(2) ensure that resource allocation forintelligence analysis is appropriately proportional toresource allocation for intelligence collection systemsand operations in order to maximize analysis of allcollected data;``(3) ensure that differences in analytic judgmentare fully considered and brought to the attention ofpolicymakers; and``(4) ensure that sufficient relationships areestablished between intelligence collectors andanalysts to facilitate greater understanding of theneeds of analysts.``(i) Protection of Intelligence Sources and Methods.--(1)The Director of National Intelligence shall protectintelligence sources and methods from unauthorized disclosure.``(2) Consistent with paragraph (1), in order to maximizethe dissemination of intelligence, the Director of NationalIntelligence shall establish and implement guidelines for theintelligence community for the following purposes:``(A) Classification of information underapplicable law, Executive orders, or other Presidentialdirectives.``(B) Access to and dissemination of intelligence,both in final form and in the form when initiallygathered.``(C) Preparation of intelligence products in sucha way that source information is removed to allow fordissemination at the lowest level of classificationpossible or in unclassified form to the extentpracticable.``(3) The Director may only delegate a duty or authoritygiven the Director under this subsection to the PrincipalDeputy Director of National Intelligence.``(j) Uniform Procedures for Sensitive CompartmentedInformation.--The Director of National Intelligence, subject tothe direction of the President, shall--``(1) establish uniform standards and proceduresfor the grant of access to sensitive compartmentedinformation to any officer or employee of any agency ordepartment of the United States and to employees ofcontractors of those agencies or departments;``(2) ensure the consistent implementation of thosestandards and procedures throughout such agencies anddepartments;``(3) ensure that security clearances granted byindividual elements of the intelligence community arerecognized by all elements of the intelligencecommunity, and under contracts entered into by thoseagencies; and``(4) ensure that the process for investigation andadjudication of an application for access to sensitivecompartmented information is performed in the mostexpeditious manner possible consistent with applicablestandards for national security.``(k) Coordination With Foreign Governments.--Under thedirection of the President and in a manner consistent withsection 207 of the Foreign Service Act of 1980 (22 U.S.C.3927), the Director of National Intelligence shall oversee thecoordination of the relationships between elements of theintelligence community and the intelligence or securityservices of foreign governments or international organizationson all matters involving intelligence related to the national
    • security or involving intelligence acquired through clandestinemeans.``(l) Enhanced Personnel Management.--(1)(A) The Directorof National Intelligence shall, under regulations prescribed bythe Director, provide incentives for personnel of elements ofthe intelligence community to serve--``(i) on the staff of the Director of NationalIntelligence;``(ii) on the staff of the national intelligencecenters;``(iii) on the staff of the NationalCounterterrorism Center; and``(iv) in other positions in support of theintelligence community management functions of theDirector.``(B) Incentives under subparagraph (A) may includefinancial incentives, bonuses, and such other awards andincentives as the Director considers appropriate.``(2)(A) Notwithstanding any other provision of law, thepersonnel of an element of the intelligence community who areassigned or detailed under paragraph (1)(A) to service underthe Director of National Intelligence shall be promoted atrates equivalent to or better than personnel of such elementwho are not so assigned or detailed.``(B) The Director may prescribe regulations to carry outthis section.``(3)(A) The Director of National Intelligence shallprescribe mechanisms to facilitate the rotation of personnel ofthe intelligence community through various elements of theintelligence community in the course of their careers in orderto facilitate the widest possible understanding by suchpersonnel of the variety of intelligence requirements, methods,users, and capabilities.``(B) The mechanisms prescribed under subparagraph (A) mayinclude the following:``(i) The establishment of special occupationalcategories involving service, over the course of acareer, in more than one element of the intelligencecommunity.``(ii) The provision of rewards for service inpositions undertaking analysis and planning ofoperations involving two or more elements of theintelligence community.``(iii) The establishment of requirements foreducation, training, service, and evaluation forservice involving more than one element of theintelligence community.``(C) It is the sense of Congress that the mechanismsprescribed under this subsection should, to the extentpractical, seek to duplicate for civilian personnel within theintelligence community the joint officer management policiesestablished by chapter 38 of title 10, United States Code, andthe other amendments made by title IV of the Goldwater-NicholsDepartment of Defense Reorganization Act of 1986 (Public Law99-433).``(4)(A) Except as provided in subparagraph (B) andsubparagraph (D), this subsection shall not apply with respectto personnel of the elements of the intelligence community whoare members of the uniformed services.``(B) Mechanisms that establish requirements for educationand training pursuant to paragraph (3)(B)(iii) may apply withrespect to members of the uniformed services who are assignedto an element of the intelligence community funded through theNational Intelligence Program, but such mechanisms shall not beinconsistent with personnel policies and education and trainingrequirements otherwise applicable to members of the uniformedservices.``(C) The personnel policies and programs developed andimplemented under this subsection with respect to lawenforcement officers (as that term is defined in section5541(3) of title 5, United States Code) shall not affect theability of law enforcement entities to conduct operations or,through the applicable chain of command, to control the
    • activities of such law enforcement officers.``(D) Assignment to the Office of the Director of NationalIntelligence of commissioned officers of the Armed Forces shallbe considered a joint-duty assignment for purposes of the jointofficer management policies prescribed by chapter 38 of title10, United States Code, and other provisions of that title.``(m) Additional Authority With Respect to Personnel.--(1)In addition to the authorities under subsection (f)(3), theDirector of National Intelligence may exercise with respect tothe personnel of the Office of the Director of NationalIntelligence any authority of the Director of the CentralIntelligence Agency with respect to the personnel of theCentral Intelligence Agency under the Central IntelligenceAgency Act of 1949 (50 U.S.C. 403a et seq.), and otherapplicable provisions of law, as of the date of the enactmentof this subsection to the same extent, and subject to the sameconditions and limitations, that the Director of the CentralIntelligence Agency may exercise such authority with respect topersonnel of the Central Intelligence Agency.``(2) Employees and applicants for employment of the Officeof the Director of National Intelligence shall have the samerights and protections under the Office of the Director ofNational Intelligence as employees of the Central IntelligenceAgency have under the Central Intelligence Agency Act of 1949,and other applicable provisions of law, as of the date of theenactment of this subsection.``(n) Acquisition Authorities.--(1) In carrying out theresponsibilities and authorities under this section, theDirector of National Intelligence may exercise the acquisitionand appropriations authorities referred to in the CentralIntelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) otherthan the authorities referred to in section 8(b) of that Act(50 U.S.C. 403j(b)).``(2) For the purpose of the exercise of any authorityreferred to in paragraph (1), a reference to the head of anagency shall be deemed to be a reference to the Director ofNational Intelligence or the Principal Deputy Director ofNational Intelligence.``(3)(A) Any determination or decision to be made under anauthority referred to in paragraph (1) by the head of an agencymay be made with respect to individual purchases and contractsor with respect to classes of purchases or contracts, and shallbe final.``(B) Except as provided in subparagraph (C), the Directorof National Intelligence or the Principal Deputy Director ofNational Intelligence may, in such officials discretion,delegate to any officer or other official of the Office of theDirector of National Intelligence any authority to make adetermination or decision as the head of the agency under anauthority referred to in paragraph (1).``(C) The limitations and conditions set forth in section3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C.403c(d)) shall apply to the exercise by the Director ofNational Intelligence of an authority referred to in paragraph(1).``(D) Each determination or decision required by anauthority referred to in the second sentence of section 3(d) ofthe Central Intelligence Agency Act of 1949 shall be based uponwritten findings made by the official making such determinationor decision, which findings shall be final and shall beavailable within the Office of the Director of NationalIntelligence for a period of at least six years following thedate of such determination or decision.``(o) Consideration of Views of Elements of IntelligenceCommunity.--In carrying out the duties and responsibilitiesunder this section, the Director of National Intelligence shalltake into account the views of a head of a departmentcontaining an element of the intelligence community and of theDirector of the Central Intelligence Agency.``(p) Responsibility of Director of National IntelligenceRegarding National Intelligence Program Budget Concerning theDepartment of Defense.--Subject to the direction of thePresident, the Director of National Intelligence shall, after
    • consultation with the Secretary of Defense, ensure that theNational Intelligence Program budgets for the elements of theintelligence community that are within the Department ofDefense are adequate to satisfy the national intelligence needsof the Department of Defense, including the needs of theChairman of the Joint Chiefs of Staff and the commanders of theunified and specified commands, and wherever such elements areperforming Government-wide functions, the needs of otherFederal departments and agencies.``(q) Acquisitions of Major Systems.--(1) For eachintelligence program within the National Intelligence Programfor the acquisition of a major system, the Director of NationalIntelligence shall--``(A) require the development and implementation ofa program management plan that includes cost, schedule,and performance goals and program milestone criteria,except that with respect to Department of Defenseprograms the Director shall consult with the Secretaryof Defense;``(B) serve as exclusive milestone decisionauthority, except that with respect to Department ofDefense programs the Director shall serve as milestonedecision authority jointly with the Secretary ofDefense or the designee of the Secretary; and``(C) periodically--``(i) review and assess the progress madetoward the achievement of the goals andmilestones established in such plan; and``(ii) submit to Congress a report on theresults of such review and assessment.``(2) If the Director of National Intelligence and theSecretary of Defense are unable to reach an agreement on amilestone decision under paragraph (1)(B), the President shallresolve the conflict.``(3) Nothing in this subsection may be construed to limitthe authority of the Director of National Intelligence todelegate to any other official any authority to perform theresponsibilities of the Director under this subsection.``(4) In this subsection:``(A) The term `intelligence program, with respectto the acquisition of a major system, means a programthat--``(i) is carried out to acquire such majorsystem for an element of the intelligencecommunity; and``(ii) is funded in whole out of amountsavailable for the National IntelligenceProgram.``(B) The term `major system has the meaning givensuch term in section 4(9) of the Federal Property andAdministrative Services Act of 1949 (41 U.S.C. 403(9)).``(r) Performance of Common Services.--The Director ofNational Intelligence shall, in consultation with the heads ofdepartments and agencies of the United States Governmentcontaining elements within the intelligence community and withthe Director of the Central Intelligence Agency, coordinate theperformance by the elements of the intelligence communitywithin the National Intelligence Program of such services asare of common concern to the intelligence community, whichservices the Director of National Intelligence determines canbe more efficiently accomplished in a consolidated manner.``OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE``Sec. 103. (a) Office of Director of NationalIntelligence.--There is an Office of the Director of NationalIntelligence.``(b) Function.--The function of the Office of the Directorof National Intelligence is to assist the Director of NationalIntelligence in carrying out the duties and responsibilities ofthe Director under this Act, the National Security Act of 1947(50 U.S.C. 401 et seq.), and other applicable provisions oflaw, and to carry out such other duties as may be prescribed bythe President or by law.``(c) Composition.--The Office of the Director of National
    • Intelligence is composed of the following:``(1) The Director of National Intelligence.``(2) The Principal Deputy Director of NationalIntelligence.``(3) Any Deputy Director of National Intelligenceappointed under section 103A.``(4) The National Intelligence Council.``(5) The General Counsel.``(6) The Civil Liberties Protection Officer.``(7) The Director of Science and Technology.``(8) The National Counterintelligence Executive(including the Office of the NationalCounterintelligence Executive).``(9) Such other offices and officials as may beestablished by law or the Director may establish ordesignate in the Office, including nationalintelligence centers.``(d) Staff.--(1) To assist the Director of NationalIntelligence in fulfilling the duties and responsibilities ofthe Director, the Director shall employ and utilize in theOffice of the Director of National Intelligence a professionalstaff having an expertise in matters relating to such dutiesand responsibilities, and may establish permanent positions andappropriate rates of pay with respect to that staff.``(2) The staff of the Office of the Director of NationalIntelligence under paragraph (1) shall include the staff of theOffice of the Deputy Director of Central Intelligence forCommunity Management that is transferred to the Office of theDirector of National Intelligence under section 1091 of theNational Security Intelligence Reform Act of 2004.``(e) Limitation on Co-Location With Other Elements ofIntelligence Community.--Commencing as of October 1, 2008, theOffice of the Director of National Intelligence may not be colocatedwith any other element of the intelligence community.``DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE``Sec. 103A. (a) Principal Deputy Director of NationalIntelligence.--(1) There is a Principal Deputy Director ofNational Intelligence 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 ofPrincipal Deputy Director of National Intelligence, theDirector of National Intelligence shall recommend to thePresident an individual for appointment as Principal DeputyDirector of National Intelligence.``(3) Any individual nominated for appointment as PrincipalDeputy Director of National Intelligence shall have extensivenational security experience and management expertise.``(4) The individual serving as Principal Deputy Directorof National Intelligence shall not, while so serving, serve inany capacity in any other element of the intelligencecommunity.``(5) The Principal Deputy Director of NationalIntelligence shall assist the Director of National Intelligencein carrying out the duties and responsibilities of theDirector.``(6) The Principal Deputy Director of NationalIntelligence shall act for, and exercise the powers of, theDirector of National Intelligence during the absence ordisability of the Director of National Intelligence or during avacancy in the position of Director of National Intelligence.``(b) Deputy Directors of National Intelligence.--(1) Theremay be not more than four Deputy Directors of NationalIntelligence who shall be appointed by the Director of NationalIntelligence.``(2) Each Deputy Director of National Intelligenceappointed under this subsection shall have such duties,responsibilities, and authorities as the Director of NationalIntelligence may assign or are specified by law.``(c) Military Status of Director of National Intelligenceand Principal Deputy Director of National Intelligence.--(1)Not more than one of the individuals serving in the positionsspecified in paragraph (2) may be a commissioned officer of theArmed Forces in active status.
    • ``(2) The positions referred to in this paragraph are thefollowing:``(A) The Director of National Intelligence.``(B) The Principal Deputy Director of NationalIntelligence.``(3) It is the sense of Congress that, under ordinarycircumstances, it is desirable that one of the individualsserving in the positions specified in paragraph (2)--``(A) be a commissioned officer of the ArmedForces, in active status; or``(B) have, by training or experience, anappreciation of military intelligence activities andrequirements.``(4) A commissioned officer of the Armed Forces, whileserving in a position specified in paragraph (2)--``(A) shall not be subject to supervision orcontrol by the Secretary of Defense or by any officeror employee of the Department of Defense;``(B) shall not exercise, by reason of theofficers status as a commissioned officer, anysupervision or control with respect to any of themilitary or civilian personnel of the Department ofDefense except as otherwise authorized by law; and``(C) shall not be counted against the numbers andpercentages of commissioned officers of the rank andgrade of such officer authorized for the militarydepartment of that officer.``(5) Except as provided in subparagraph (A) or (B) ofparagraph (4), the appointment of an officer of the ArmedForces to a position specified in paragraph (2) shall notaffect the status, position, rank, or grade of such officer inthe Armed Forces, or any emolument, perquisite, right,privilege, or benefit incident to or arising out of suchstatus, position, rank, or grade.``(6) A commissioned officer of the Armed Forces on activeduty who is appointed to a position specified in paragraph (2),while serving in such position and while remaining on activeduty, shall continue to receive military pay and allowances andshall not receive the pay prescribed for such position. Fundsfrom which such pay and allowances are paid shall be reimbursedfrom funds available to the Director of National Intelligence.``NATIONAL INTELLIGENCE COUNCIL``Sec. 103B. (a) National Intelligence Council.--There is aNational Intelligence Council.``(b) Composition.--(1) The National Intelligence Councilshall be composed of senior analysts within the intelligencecommunity and substantive experts from the public and privatesector, who shall be appointed by, report to, and serve at thepleasure of, the Director of National Intelligence.``(2) The Director shall prescribe appropriate securityrequirements for personnel appointed from the private sector asa condition of service on the Council, or as contractors of theCouncil or employees of such contractors, to ensure theprotection of intelligence sources and methods while avoiding,wherever possible, unduly intrusive requirements which theDirector considers to be unnecessary for this purpose.``(c) Duties and Responsibilities.--(1) The NationalIntelligence Council shall--``(A) produce national intelligence estimates forthe United States Government, including alternativeviews held by elements of the intelligence communityand other information as specified in paragraph (2);``(B) evaluate community-wide collection andproduction of intelligence by the intelligencecommunity and the requirements and resources of suchcollection and production; and``(C) otherwise assist the Director of NationalIntelligence in carrying out the responsibilities ofthe Director under section 102A.``(2) The Director of National Intelligence shall ensurethat the Council satisfies the needs of policymakers and otherconsumers of intelligence.``(d) Service as Senior Intelligence Advisers.--Within
    • their respective areas of expertise and under the direction ofthe Director of National Intelligence, the members of theNational Intelligence Council shall constitute the seniorintelligence advisers of the intelligence community forpurposes of representing the views of the intelligencecommunity within the United States Government.``(e) Authority To Contract.--Subject to the direction andcontrol of the Director of National Intelligence, the NationalIntelligence Council may carry out its responsibilities underthis section by contract, including contracts for substantiveexperts necessary to assist the Council with particularassessments under this section.``(f) Staff.--The Director of National Intelligence shallmake available to the National Intelligence Council such staffas may be necessary to permit the Council to carry out itsresponsibilities under this section.``(g) Availability of Council and Staff.--(1) The Directorof National Intelligence shall take appropriate measures toensure that the National Intelligence Council and its staffsatisfy the needs of policymaking officials and other consumersof intelligence.``(2) The Council shall be readily accessible topolicymaking officials and other appropriate individuals nototherwise associated with the intelligence community.``(h) Support.--The heads of the elements of theintelligence community shall, as appropriate, furnish suchsupport to the National Intelligence Council, including thepreparation of intelligence analyses, as may be required by theDirector of National Intelligence.``(i) National Intelligence Council Product.--For purposesof this section, the term `National Intelligence Councilproduct includes a National Intelligence Estimate and anyother intelligence community assessment that sets forth thejudgment of the intelligence community as a whole on a mattercovered by such product.``GENERAL COUNSEL``Sec. 103C. (a) General Counsel.--There is a GeneralCounsel of the Office of the Director of National Intelligencewho shall be appointed by the President, by and with the adviceand consent of the Senate.``(b) Prohibition on Dual Service as General Counsel ofAnother Agency.--The individual serving in the position ofGeneral Counsel may not, while so serving, also serve as theGeneral Counsel of any other department, agency, or element ofthe United States Government.``(c) Scope of Position.--The General Counsel is the chieflegal officer of the Office of the Director of NationalIntelligence.``(d) Functions.--The General Counsel shall perform suchfunctions as the Director of National Intelligence mayprescribe.``CIVIL LIBERTIES PROTECTION OFFICER``Sec. 103D. (a) Civil Liberties Protection Officer.--(1)Within the Office of the Director of National Intelligence,there is a Civil Liberties Protection Officer who shall beappointed by the Director of National Intelligence.``(2) The Civil Liberties Protection Officer shall reportdirectly to the Director of National Intelligence.``(b) Duties.--The Civil Liberties Protection Officershall--``(1) ensure that the protection of civil libertiesand privacy is appropriately incorporated in thepolicies and procedures developed for and implementedby the Office of the Director of National Intelligenceand the elements of the intelligence community withinthe National Intelligence Program;``(2) oversee compliance by the Office and theDirector of National Intelligence with requirementsunder the Constitution and all laws, regulations,Executive orders, and implementing guidelines relatingto civil liberties and privacy;``(3) review and assess complaints and otherinformation indicating possible abuses of civil
    • liberties and privacy in the administration of theprograms and operations of the Office and the Directorof National Intelligence and, as appropriate,investigate any such complaint or information;``(4) ensure that the use of technologies sustain,and do not erode, privacy protections relating to theuse, collection, and disclosure of personalinformation;``(5) ensure that personal information contained ina system of records subject to section 552a of title 5,United States Code (popularly referred to as the`Privacy Act), is handled in full compliance with fairinformation practices as set out in that section;``(6) conduct privacy impact assessments whenappropriate or as required by law; and``(7) perform such other duties as may beprescribed by the Director of National Intelligence orspecified by law.``(c) Use of Agency Inspectors General.--When appropriate,the Civil Liberties Protection Officer may refer complaints tothe Office of Inspector General having responsibility for theaffected element of the department or agency of theintelligence community to conduct an investigation underparagraph (3) of subsection (b).``DIRECTOR OF SCIENCE AND TECHNOLOGY``Sec. 103E. (a) Director of Science and Technology.--Thereis a Director of Science and Technology within the Office ofthe Director of National Intelligence who shall be appointed bythe Director of National Intelligence.``(b) Requirement Relating to Appointment.--An individualappointed as Director of Science and Technology shall have aprofessional background and experience appropriate for theduties of the Director of Science and Technology.``(c) Duties.--The Director of Science and Technologyshall--``(1) act as the chief representative of theDirector of National Intelligence for science andtechnology;``(2) chair the Director of National IntelligenceScience and Technology Committee under subsection (d);``(3) assist the Director in formulating a longtermstrategy for scientific advances in the field ofintelligence;``(4) assist the Director on the science andtechnology elements of the budget of the Office of theDirector of National Intelligence; and``(5) perform other such duties as may beprescribed by the Director of National Intelligence orspecified by law.``(d) Director of National Intelligence Science andTechnology Committee.--(1) There is within the Office of theDirector of Science and Technology a Director of NationalIntelligence Science and Technology Committee.``(2) The Committee shall be composed of the principalscience officers of the National Intelligence Program.``(3) The Committee shall--``(A) coordinate advances in research anddevelopment related to intelligence; and``(B) perform such other functions as the Directorof Science and Technology shall prescribe.``NATIONAL COUNTERINTELLIGENCE EXECUTIVE``Sec. 103F. (a) National Counterintelligence Executive.--The National Counterintelligence Executive under section 902 ofthe Counterintelligence Enhancement Act of 2002 (title IX ofPublic Law 107-306; 50 U.S.C. 402b et seq.) is a component ofthe Office of the Director of National Intelligence.``(b) Duties.--The National Counterintelligence Executiveshall perform the duties provided in the CounterintelligenceEnhancement Act of 2002 and such other duties as may beprescribed by the Director of National Intelligence orspecified by law.``CENTRAL INTELLIGENCE AGENCY``Sec. 104. (a) Central Intelligence Agency.--There is a
    • Central Intelligence Agency.``(b) Function.--The function of the Central IntelligenceAgency is to assist the Director of the Central IntelligenceAgency in carrying out the responsibilities specified insection 104A(c).``DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY``Sec. 104A. (a) Director of Central Intelligence Agency.--There is a Director of the Central Intelligence Agency whoshall be appointed by the President, by and with the advice andconsent of the Senate.``(b) Supervision.--The Director of the CentralIntelligence Agency shall report to the Director of NationalIntelligence regarding the activities of the CentralIntelligence Agency.``(c) Duties.--The Director of the Central IntelligenceAgency shall--``(1) serve as the head of the Central IntelligenceAgency; and``(2) carry out the responsibilities specified insubsection (d).``(d) Responsibilities.--The Director of the CentralIntelligence Agency shall--``(1) collect intelligence through human sourcesand by other appropriate means, except that theDirector of the Central Intelligence Agency shall haveno police, subpoena, or law enforcement powers orinternal security functions;``(2) correlate and evaluate intelligence relatedto the national security and provide appropriatedissemination of such intelligence;``(3) provide overall direction for andcoordination of the collection of national intelligenceoutside the United States through human sources byelements of the intelligence community authorized toundertake such collection and, in coordination withother departments, agencies, or elements of the UnitedStates Government which are authorized to undertakesuch collection, ensure that the most effective use ismade of resources and that appropriate account is takenof the risks to the United States and those involved insuch collection; and``(4) perform such other functions and dutiesrelated to intelligence affecting the national securityas the President or the Director of NationalIntelligence may direct.``(e) Termination of Employment of CIA Employees.--(1)Notwithstanding the provisions of any other law, the Directorof the Central Intelligence Agency may, in the discretion ofthe Director, terminate the employment of any officer oremployee of the Central Intelligence Agency whenever theDirector deems the termination of employment of such officer oremployee necessary or advisable in the interests of the UnitedStates.``(2) Any termination of employment of an officer oremployee under paragraph (1) shall not affect the right of theofficer or employee to seek or accept employment in any otherdepartment, agency, or element of the United States Governmentif declared eligible for such employment by the Office ofPersonnel Management.``(f) Coordination With Foreign Governments.--Under thedirection of the Director of National Intelligence and in amanner consistent with section 207 of the Foreign Service Actof 1980 (22 U.S.C. 3927), the Director of the CentralIntelligence Agency shall coordinate the relationships betweenelements of the intelligence community and the intelligence orsecurity services of foreign governments or internationalorganizations on all matters involving intelligence related tothe national security or involving intelligence acquiredthrough clandestine means..(b) Sense of Congress.--It is the sense of Congress that--(1) the human intelligence officers of theintelligence community have performed admirably andhonorably in the face of great personal dangers;
    • (2) during an extended period of unprecedentedinvestment and improvements in technical collectionmeans, the human intelligence capabilities of theUnited States have not received the necessary andcommensurate priorities;(3) human intelligence is becoming an increasinglyimportant capability to provide information on theasymmetric threats to the national security of theUnited States;(4) the continued development and improvement of arobust and empowered and flexible human intelligencework force is critical to identifying, understanding,and countering the plans and intentions of theadversaries of the United States; and(5) an increased emphasis on, and resources appliedto, enhancing the depth and breadth of humanintelligence capabilities of the United Statesintelligence community must be among the top prioritiesof the Director of National Intelligence.(c) Transformation of Central Intelligence Agency.--TheDirector of the Central Intelligence Agency shall, inaccordance with standards developed by the Director inconsultation with the Director of National Intelligence--(1) enhance the analytic, human intelligence, andother capabilities of the Central Intelligence Agency;(2) develop and maintain an effective languageprogram within the Agency;(3) emphasize the hiring of personnel of diversebackgrounds for purposes of improving the capabilitiesof the Agency;(4) establish and maintain effective relationshipsbetween human intelligence and signals intelligencewithin the Agency at the operational level; and(5) achieve a more effective balance within theAgency with respect to unilateral operations andliaison operations.(d) Report.--(1) Not later than 180 days after the date ofthe enactment of this Act, the Director of the CentralIntelligence Agency shall submit to the Director of NationalIntelligence and the congressional intelligence committees areport setting forth the following:(A) A strategy for improving the conduct ofanalysis (including strategic analysis) by the CentralIntelligence Agency, and the progress of the Agency inimplementing that strategy.(B) A strategy for improving the human intelligenceand other capabilities of the Agency, and the progressof the Agency in implementing that strategy.(2)(A) The information in the report under paragraph (1) onthe strategy referred to in paragraph (1)(B) shall--(i) identify the number and types of personnelrequired to implement that strategy;(ii) include a plan for the recruitment, training,equipping, and deployment of such personnel; and(iii) set forth an estimate of the costs of suchactivities.(B) If as of the date of the report under paragraph (1), aproper balance does not exist between unilateral operations andliaison operations, such report shall set forth the steps to betaken to achieve such balance._________________________________________________________________________________________________SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE._________________________________________________________________________________________________Paragraph (5) of section 3 of the National Security Act of1947 (50 U.S.C. 401a) is amended to read as follows:``(5) The terms `national intelligence and`intelligence related to national security refer toall intelligence, regardless of the source from whichderived and including information gathered within oroutside the United States, that--``(A) pertains, as determined consistent
    • with any guidance issued by the President, tomore than one United States Government agency;and``(B) that involves--``(i) threats to the United States,its people, property, or interests;``(ii) the development,proliferation, or use of weapons ofmass destruction; or``(iii) any other matter bearing onUnited States national or homelandsecurity.._________________________________________________________________________________________________SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OFDEFENSE AND CENTRAL INTELLIGENCEAGENCY._________________________________________________________________________________________________(a) Development of Procedures.--The Director of NationalIntelligence, in consultation with the Secretary of Defense andthe Director of the Central Intelligence Agency, shall developjoint procedures to be used by the Department of Defense andthe Central Intelligence Agency to improve the coordination anddeconfliction of operations that involve elements of both theArmed Forces and the Central Intelligence Agency consistentwith national security and the protection of human intelligencesources and methods. Those procedures shall, at a minimum,provide the following:(1) Methods by which the Director of the CentralIntelligence Agency and the Secretary of Defense canimprove communication and coordination in the planning,execution, and sustainment of operations, including, asa minimum--(A) information exchange between seniorofficials of the Central Intelligence Agencyand senior officers and officials of theDepartment of Defense when planning for such anoperation commences by either organization; and(B) exchange of information between theSecretary and the Director of the CentralIntelligence Agency to ensure that senioroperational officials in both the Department ofDefense and the Central Intelligence Agencyhave knowledge of the existence of the ongoingoperations of the other.(2) When appropriate, in cases where the Departmentof Defense and the Central Intelligence Agency areconducting separate missions in the same geographicalarea, a mutual agreement on the tactical and strategicobjectives for the region and a clear delineation ofoperational responsibilities to prevent conflict andduplication of effort.(b) Implementation Report.--Not later than 180 days afterthe date of the enactment of the Act, the Director of NationalIntelligence shall submit to the congressional defensecommittees (as defined in section 101 of title 10, UnitedStates Code) and the congressional intelligence committees (asdefined in section 3(7) of the National Security Act of 1947(50 U.S.C. 401a(7))) a report describing the proceduresestablished pursuant to subsection (a) and the status of theimplementation of those procedures._________________________________________________________________________________________________SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT OF CERTAIN OFFICIALSRESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES._________________________________________________________________________________________________Section 106 of the National Security Act of 1947 (50 U.S.C.403-6) is amended by striking all after the heading andinserting the following:``(a) Recommendation of DNI in Certain Appointments.--(1)
    • In the event of a vacancy in a position referred to inparagraph (2), the Director of National Intelligence shallrecommend to the President an individual for nomination to fillthe vacancy.``(2) Paragraph (1) applies to the following positions:``(A) The Principal Deputy Director of NationalIntelligence.``(B) The Director of the Central IntelligenceAgency.``(b) Concurrence of DNI in Appointments to Positions inthe Intelligence Community.--(1) In the event of a vacancy in aposition referred to in paragraph (2), the head of thedepartment or agency having jurisdiction over the positionshall obtain the concurrence of the Director of NationalIntelligence before appointing an individual to fill thevacancy or recommending to the President an individual to benominated to fill the vacancy. If the Director does not concurin the recommendation, the head of the department or agencyconcerned may not fill the vacancy or make the recommendationto the President (as the case may be). In the case in which theDirector does not concur in such a recommendation, the Directorand the head of the department or agency concerned may advisethe President directly of the intention to withhold concurrenceor to make a recommendation, as the case may be.``(2) Paragraph (1) applies to the following positions:``(A) The Director of the National Security Agency.``(B) The Director of the National ReconnaissanceOffice.``(C) The Director of the National Geospatial-Intelligence Agency.``(D) The Assistant Secretary of State forIntelligence and Research.``(E) The Director of the Office of Intelligence ofthe Department of Energy.``(F) The Director of the Office ofCounterintelligence of the Department of Energy.``(G) The Assistant Secretary for Intelligence andAnalysis of the Department of the Treasury.``(H) The Executive Assistant Director forIntelligence of the Federal Bureau of Investigation orany successor to that position.``(I) The Assistant Secretary of Homeland Securityfor Information Analysis.``(c) Consultation With DNI in Certain Positions.--(1) Inthe event of a vacancy in a position referred to in paragraph(2), the head of the department or agency having jurisdictionover the position shall consult with the Director of NationalIntelligence before appointing an individual to fill thevacancy or recommending to the President an individual to benominated to fill the vacancy.``(2) Paragraph (1) applies to the following positions:``(A) The Director of the Defense IntelligenceAgency.``(B) The Assistant Commandant of the Coast Guardfor Intelligence.._________________________________________________________________________________________________SEC. 1015. EXECUTIVE SCHEDULE MATTERS._________________________________________________________________________________________________(a) Executive Schedule Level I.--Section 5312 of title 5,United States Code, is amended by adding at the end thefollowing new item:``Director of National Intelligence..(b) Executive Schedule Level II.--Section 5313 of title 5,United States Code, is amended by adding at the end thefollowing new items:``Principal Deputy Director of NationalIntelligence.``Director of the National Counterterrorism Center.``Director of the National Counter ProliferationCenter..(c) Executive Schedule Level IV.--Section 5315 of title 5,
    • United States Code, is amended--(1) by striking the item relating to the AssistantDirectors of Central Intelligence; and(2) by adding at the end the following new item:``General Counsel of the Office of the NationalIntelligence Director.._________________________________________________________________________________________________SEC. 1016. INFORMATION SHARING._________________________________________________________________________________________________(a) Definitions.--In this section:(1) Information sharing council.--The term``Information Sharing Council means the InformationSystems Council established by Executive Order 13356,or any successor body designated by the President, andreferred to under subsection (g).(2) Information sharing environment; ise.--Theterms ``information sharing environment and ``ISEmean an approach that facilitates the sharing ofterrorism information, which approach may include anymethods determined necessary and appropriate forcarrying out this section.(3) Program manager.--The term ``program managermeans the program manager designated under subsection(f).(4) Terrorism information.--The term ``terrorisminformation means all information, whether collected,produced, or distributed by intelligence, lawenforcement, military, homeland security, or otheractivities relating to--(A) the existence, organization,capabilities, plans, intentions,vulnerabilities, means of finance or materialsupport, or activities of foreign orinternational terrorist groups or individuals,or of domestic groups or individuals involvedin transnational terrorism;(B) threats posed by such groups orindividuals to the United States, United Statespersons, or United States interests, or tothose of other nations;(C) communications of or by such groups orindividuals; or(D) groups or individuals reasonablybelieved to be assisting or associated withsuch groups or individuals.(b) Information Sharing Environment.--(1) Establishment.--The President shall--(A) create an information sharingenvironment for the sharing of terrorisminformation in a manner consistent withnational security and with applicable legalstandards relating to privacy and civilliberties;(B) designate the organizational andmanagement structures that will be used tooperate and manage the ISE; and(C) determine and enforce the policies,directives, and rules that will govern thecontent and usage of the ISE.(2) Attributes.--The President shall, through thestructures described in subparagraphs (B) and (C) ofparagraph (1), ensure that the ISE provides andfacilitates the means for sharing terrorism informationamong all appropriate Federal, State, local, and tribalentities, and the private sector through the use ofpolicy guidelines and technologies. The Presidentshall, to the greatest extent practicable, ensure thatthe ISE provides the functional equivalent of, orotherwise supports, a decentralized, distributed, andcoordinated environment that--(A) connects existing systems, where
    • appropriate, provides no single points offailure, and allows users to share informationamong agencies, between levels of government,and, as appropriate, with the private sector;(B) ensures direct and continuous onlineelectronic access to information;(C) facilitates the availability ofinformation in a form and manner thatfacilitates its use in analysis, investigationsand operations;(D) builds upon existing systemscapabilities currently in use across theGovernment;(E) employs an information accessmanagement approach that controls access todata rather than just systems and networks,without sacrificing security;(F) facilitates the sharing of informationat and across all levels of security;(G) provides directory services, or thefunctional equivalent, for locating people andinformation;(H) incorporates protections forindividuals privacy and civil liberties; and(I) incorporates strong mechanisms toenhance accountability and facilitateoversight, including audits, authentication,and access controls.(c) Preliminary Report.--Not later than 180 days after thedate of the enactment of this Act, the program manager shall,in consultation with the Information Sharing Council--(1) submit to the President and Congress adescription of the technological, legal, and policyissues presented by the creation of the ISE, and theway in which these issues will be addressed;(2) establish an initial capability to provideelectronic directory services, or the functionalequivalent, to assist in locating in the FederalGovernment intelligence and terrorism information andpeople with relevant knowledge about intelligence andterrorism information; and(3) conduct a review of relevant current Federalagency capabilities, databases, and systems for sharinginformation.(d) Guidelines and Requirements.--As soon as possible, butin no event later than 270 days after the date of the enactmentof this Act, the President shall--(1) leverage all ongoing efforts consistent withestablishing the ISE and issue guidelines foracquiring, accessing, sharing, and using information,including guidelines to ensure that information isprovided in its most shareable form, such as by usingtearlines to separate out data from the sources andmethods by which the data are obtained;(2) in consultation with the Privacy and CivilLiberties Oversight Board established under section1061, issue guidelines that--(A) protect privacy and civil liberties inthe development and use of the ISE; and(B) shall be made public, unlessnondisclosure is clearly necessary to protectnational security; and(3) require the heads of Federal departments andagencies to promote a culture of information sharingby--(A) reducing disincentives to informationsharing, including over-classification ofinformation and unnecessary requirements fororiginator approval, consistent with applicablelaws and regulations; and(B) providing affirmative incentives forinformation sharing.(e) Implementation Plan Report.--Not later than one year
    • after the date of the enactment of this Act, the Presidentshall, with the assistance of the program manager, submit toCongress a report containing an implementation plan for theISE. The report shall include the following:(1) A description of the functions, capabilities,resources, and conceptual design of the ISE, includingstandards.(2) A description of the impact on enterprisearchitectures of participating agencies.(3) A budget estimate that identifies theincremental costs associated with designing, testing,integrating, deploying, and operating the ISE.(4) A project plan for designing, testing,integrating, deploying, and operating the ISE.(5) The policies and directives referred to insubsection (b)(1)(C), as well as the metrics andenforcement mechanisms that will be utilized.(6) Objective, systemwide performance measures toenable the assessment of progress toward achieving thefull implementation of the ISE.(7) A description of the training requirementsneeded to ensure that the ISE will be adequatelyimplemented and properly utilized.(8) A description of the means by which privacy andcivil liberties will be protected in the design andoperation of the ISE.(9) The recommendations of the program manager, inconsultation with the Information Sharing Council,regarding whether, and under what conditions, the ISEshould be expanded to include other intelligenceinformation.(10) A delineation of the roles of the Federaldepartments and agencies that will participate in theISE, including an identification of the agencies thatwill deliver the infrastructure needed to operate andmanage the ISE (as distinct from individual departmentor agency components that are part of the ISE), withsuch delineation of roles to be consistent with--(A) the authority of the Director ofNational Intelligence under this title, and theamendments made by this title, to set standardsfor information sharing throughout theintelligence community; and(B) the authority of the Secretary ofHomeland Security and the Attorney General, andthe role of the Department of Homeland Securityand the Attorney General, in coordinating withState, local, and tribal officials and theprivate sector.(11) The recommendations of the program manager, inconsultation with the Information Sharing Council, fora future management structure for the ISE, includingwhether the position of program manager should continueto remain in existence.(f) Program Manager.--(1) Designation.--Not later than 120 days after thedate of the enactment of this Act, with notification toCongress, the President shall designate an individualas the program manager responsible for informationsharing across the Federal Government. The individualdesignated as the program manager shall serve asprogram manager during the two-year period beginning onthe date of designation under this paragraph unlesssooner removed from service and replaced by thePresident (at the Presidents sole discretion). Theprogram manager shall have and exercise governmentwideauthority.(2) Duties and responsibilities.--(A) In general.--The program manager shall,in consultation with the Information SharingCouncil--(i) plan for and oversee theimplementation of, and manage, the ISE;
    • (ii) assist in the development ofpolicies, procedures, guidelines,rules, and standards as appropriate tofoster the development and properoperation of the ISE; and(iii) assist, monitor, and assessthe implementation of the ISE byFederal departments and agencies toensure adequate progress, technologicalconsistency and policy compliance; andregularly report the findings toCongress.(B) Content of policies, procedures,guidelines, rules, and standards.--Thepolicies, procedures, guidelines, rules, andstandards under subparagraph (A)(ii) shall--(i) take into account the varyingmissions and security requirements ofagencies participating in the ISE;(ii) address development,implementation, and oversight oftechnical standards and requirements;(iii) take into account ongoing andplanned efforts that supportdevelopment, implementation andmanagement of the ISE;(iv) address and facilitateinformation sharing between and amongdepartments and agencies of theintelligence community, the Departmentof Defense, the homeland securitycommunity and the law enforcementcommunity;(v) address and facilitateinformation sharing between Federaldepartments and agencies and State,tribal, and local governments;(vi) address and facilitate, asappropriate, information sharingbetween Federal departments andagencies and the private sector;(vii) address and facilitate, asappropriate, information sharingbetween Federal departments andagencies with foreign partners andallies; and(viii) ensure the protection ofprivacy and civil liberties.(g) Information Sharing Council.--(1) Establishment.--There is established anInformation Sharing Council that shall assist thePresident and the program manager in their duties underthis section. The Information Sharing Council shallserve during the two-year period beginning on the dateof the initial designation of the program manager bythe President under subsection (f)(1), unless soonerremoved from service and replaced by the President (atthe sole discretion of the President) with a successorbody.(2) Specific duties.--In assisting the Presidentand the program manager in their duties under thissection, the Information Sharing Council shall--(A) advise the President and the programmanager in developing policies, procedures,guidelines, roles, and standards necessary toestablish, implement, and maintain the ISE;(B) work to ensure coordination among theFederal departments and agencies participatingin the ISE in the establishment,implementation, and maintenance of the ISE;(C) identify and, as appropriate, recommendthe consolidation and elimination of currentprograms, systems, and processes used by
    • Federal departments and agencies to shareinformation, and recommend, as appropriate, theredirection of existing resources to supportthe ISE;(D) identify gaps, if any, between existingtechnologies, programs and systems used byFederal departments and agencies to shareinformation and the parameters of the proposedinformation sharing environment;(E) recommend solutions to address any gapsidentified under subparagraph (D);(F) recommend means by which the ISE can beextended to allow interchange of informationbetween Federal departments and agencies andappropriate authorities of State and localgovernments; and(G) recommend whether or not, and by whichmeans, the ISE should be expanded so as toallow future expansion encompassing otherrelevant categories of information.(3) Consultation.--In performing its duties, theInformation Sharing Council shall consider input frompersons and entities outside the Federal Governmenthaving significant experience and expertise in policy,technical matters, and operational matters relating tothe ISE.(4) Inapplicability of federal advisory committeeact.--The Information Sharing Council shall not besubject to the requirements of the Federal AdvisoryCommittee Act (5 U.S.C. App.).(h) Performance Management Reports.--(1) In general.--Not later than two years after thedate of the enactment of this Act, and annuallythereafter, the President shall submit to Congress areport on the state of the ISE and of informationsharing across the Federal Government.(2) Content.--Each report under this subsectionshall include--(A) a progress report on the extent towhich the ISE has been implemented, includinghow the ISE has fared on the performancemeasures and whether the performance goals setin the preceding year have been met;(B) objective system-wide performance goalsfor the following year;(C) an accounting of how much was spent onthe ISE in the preceding year;(D) actions taken to ensure thatprocurement of and investments in systems andtechnology are consistent with theimplementation plan for the ISE;(E) the extent to which all terrorism watchlists are available for combined searching inreal time through the ISE and whether there areconsistent standards for placing individualson, and removing individuals from, the watchlists, including the availability of processesfor correcting errors;(F) the extent to which State, tribal, andlocal officials are participating in the ISE;(G) the extent to which private sectordata, including information from owners andoperators of critical infrastructure, isincorporated in the ISE, and the extent towhichindividuals and entities outside the government are receivinginformation through the ISE;(H) the measures taken by the Federalgovernment to ensure the accuracy ofinformation in the ISE, in particular theaccuracy of information about individuals;(I) an assessment of the privacy and civilliberties protections of the ISE, includingactions taken in the preceding year to
    • implement or enforce privacy and civilliberties protections; and(J) an assessment of the securityprotections used in the ISE.(i) Agency Responsibilities.--The head of each departmentor agency that possesses or uses intelligence or terrorisminformation, operates a system in the ISE, or otherwiseparticipates (or expects to participate) in the ISE shall--(1) ensure full department or agency compliancewith information sharing policies, procedures,guidelines, rules, and standards established undersubsections (b) and (f);(2) ensure the provision of adequate resources forsystems and activities supporting operation of andparticipation in the ISE;(3) ensure full department or agency cooperation inthe development of the ISE to implement governmentwideinformation sharing; and(4) submit, at the request of the President or theprogram manager, any reports on the implementation ofthe requirements of the ISE within such department oragency.(j) Authorization of Appropriations.--There is authorizedto be appropriated to carry out this section $20,000,000 foreach of fiscal years 2005 and 2006._________________________________________________________________________________________________SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY._________________________________________________________________________________________________(a) In General.--Not later than 180 days after theeffective date of this Act, the Director of NationalIntelligence shall establish a process and assign an individualor entity the responsibility for ensuring that, as appropriate,elements of the intelligence community conduct alternativeanalysis (commonly referred to as ``red-team analysis) of theinformation and conclusions in intelligence products.(b) Report.--Not later than 270 days after the effectivedate of this Act, the Director of National Intelligence shallprovide a report to the Select Committee on Intelligence of theSenate and the Permanent Select Committee of the House ofRepresentatives on the implementation of subsection (a)._________________________________________________________________________________________________SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES._________________________________________________________________________________________________The President shall issue guidelines to ensure theeffective implementation and execution within the executivebranch of the authorities granted to the Director of NationalIntelligence by this title and the amendments made by thistitle, in a manner that respects and does not abrogate thestatutory responsibilities of the heads of the departments ofthe United States Government concerning such departments,including, but not limited to:(1) the authority of the Director of the Office ofManagement and Budget; and(2) the authority of the principal officers of theexecutive departments as heads of their respectivedepartments, including, but not limited to, under--(A) section 199 of the Revised Statutes (22U.S.C. 2651);(B) title II of the Department of EnergyOrganization Act (42 U.S.C. 7131 et seq.);(C) the State Department Basic AuthoritiesAct of 1956;(D) section 102(a) of the Homeland SecurityAct of 2002 (6 U.S.C. 112(a)); and(E) sections 301 of title 5, 113(b) and162(b) of title 10, 503 of title 28, and 301(b)of title 31, United States Code._________________________________________________________________________________________________
    • SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY._________________________________________________________________________________________________(a) Assignment of Responsibilities.--For purposes ofcarrying out section 102A(h) of the National Security Act of1947 (as added by section 1011(a)), the Director of NationalIntelligence shall, not later than 180 days after the date ofthe enactment of this Act, assign an individual or entity to beresponsible for ensuring that finished intelligence productsproduced by any element or elements of the intelligencecommunity are timely, objective, independent of politicalconsiderations, based upon all sources of availableintelligence, and employ the standards of proper analytictradecraft.(b) Responsibilities.--(1) The individual or entityassigned responsibility under subsection (a)--(A) may be responsible for general oversight andmanagement of analysis and production, but may not bedirectly responsible for, or involved in, the specificproduction of any finished intelligence product;(B) shall perform, on a regular basis, detailedreviews of finished intelligence product or otheranalytic products by an element or elements of theintelligence community covering a particular topic orsubject matter;(C) shall be responsible for identifying on anannual basis functional or topical areas of analysisfor specific review under subparagraph (B); and(D) upon completion of any review undersubparagraph (B), may draft lessons learned, identifybest practices, or make recommendations for improvementto the analytic tradecraft employed in the productionof the reviewed product or products.(2) Each review under paragraph (1)(B) should--(A) include whether the product or productsconcerned were based on all sources of availableintelligence, properly describe the quality andreliability of underlying sources, properly caveat andexpress uncertainties or confidence in analyticjudgments, properly distinguish between underlyingintelligence and the assumptions and judgments ofanalysts, and incorporate, where appropriate,alternative analyses; and(B) ensure that the analytic methodologies,tradecraft, and practices used by the element orelements concerned in the production of the product orproducts concerned meet the standards set forth insubsection (a).(3) Information drafted under paragraph (1)(D) should, asappropriate, be included in analysis teaching modules and casestudies for use throughout the intelligence community.(c) Annual Reports.--Not later than December 1 each year,the Director of National Intelligence shall submit to thecongressional intelligence committees, the heads of therelevant elements of the intelligence community, and the headsof analytic training departments a report containing adescription, and the associated findings, of each review undersubsection (b)(1)(B) during such year.(d) Congressional Intelligence Committees Defined.--In thissection, the term ``congressional intelligence committeesmeans--(1) the Select Committee on Intelligence of theSenate; and(2) the Permanent Select Committee on Intelligenceof the House of Representatives._________________________________________________________________________________________________SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS._________________________________________________________________________________________________(a) In General.--Not later than 180 days after the
    • effective date of this Act, the Director of NationalIntelligence shall identify an individual within the Office ofthe Director of National Intelligence who shall be available toanalysts within the Office of the Director of NationalIntelligence to counsel, conduct arbitration, offerrecommendations, and, as appropriate, initiate inquiries intoreal or perceived problems of analytic tradecraft orpoliticization, biased reporting, or lack of objectivity inintelligence analysis.(b) Report.--Not later than 270 days after the effectivedate of this Act, the Director of National Intelligence shallprovide a report to the Select Committee on Intelligence of theSenate and the Permanent Select Committee on Intelligence ofthe House of Representatives on the implementation ofsubsection (a)._________________________________________________________________________________________________SEC. 1021. NATIONAL COUNTERTERRORISM CENTER._________________________________________________________________________________________________Subtitle B--National Counterterrorism Center, National CounterProliferation Center, and National Intelligence CentersSEC. 1021. NATIONAL COUNTERTERRORISM CENTER.Title I of the National Security Act of 1947 (50 U.S.C. 402et seq.) is amended by adding at the end the following newsection:``NATIONAL COUNTERTERRORISM CENTER``Sec. 119. (a) Establishment of Center.--There is withinthe Office of the Director of National Intelligence a NationalCounterterrorism 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 theadvice and consent of the Senate.``(2) The Director of the National Counterterrorism Centermay not simultaneously serve in any other capacity in theexecutive branch.``(c) Reporting.--(1) The Director of the NationalCounterterrorism Center shall report to the Director ofNational Intelligence with respect to matters described inparagraph (2) and the President with respect to mattersdescribed in paragraph (3).``(2) The matters described in this paragraph areas follows:``(A) The budget and programs of theNational Counterterrorism Center.``(B) The activities of the Directorate ofIntelligence of the National CounterterrorismCenter under subsection (h).``(C) The conduct of intelligenceoperations implemented by other elements of theintelligence community; and``(3) The matters described in this paragraph arethe planning and progress of joint counterterrorismoperations (other than intelligence operations).``(d) Primary Missions.--The primary missions of theNational Counterterrorism Center shall be as follows:``(1) To serve as the primary organization in theUnited States Government for analyzing and integratingall intelligence possessed or acquired by the UnitedStates Government pertaining to terrorism andcounterterrorism, excepting intelligence pertainingexclusively to domestic terrorists and domesticcounterterrorism.``(2) To conduct strategic operational planning forcounterterrorism activities, integrating allinstruments of national power, including diplomatic,financial, military, intelligence, homeland security,and law enforcement activities within and amongagencies.``(3) To assign roles and responsibilities as partof its strategic operational planning duties to lead
    • Departments or agencies, as appropriate, forcounterterrorism activities that are consistent withapplicable law and that support counterterrorismstrategic operational plans, but shall not direct theexecution of any resulting operations.``(4) To ensure that agencies, as appropriate, haveaccess to and receive all-source intelligence supportneeded to execute their counterterrorism plans orperform independent, alternative analysis.``(5) To ensure that such agencies have access toand receive intelligence needed to accomplish theirassigned activities.``(6) To serve as the central and shared knowledgebank on known and suspected terrorists andinternational terror groups, as well as their goals,strategies, capabilities, and networks of contacts andsupport.``(e) Domestic Counterterrorism Intelligence.--(1) TheCenter may, consistent with applicable law, the direction ofthe President, and the guidelines referred to in section102A(b), receive intelligence pertaining exclusively todomestic counterterrorism from any Federal, State, or localgovernment or other source necessary to fulfill itsresponsibilities and retain and disseminate such intelligence.``(2) Any agency authorized to conduct counterterrorismactivities may request information from the Center to assist itin its responsibilities, consistent with applicable law and theguidelines referred to in section 102A(b).``(f) Duties and Responsibilities of Director.--(1) TheDirector of the National Counterterrorism Center shall--``(A) serve as the principal adviser to theDirector of National Intelligence on intelligenceoperations relating to counterterrorism;``(B) provide strategic operational plans for thecivilian and military counterterrorism efforts of theUnited States Government and for the effectiveintegration of counterterrorism intelligence andoperations across agency boundaries, both inside andoutside the United States;``(C) advise the Director of National Intelligenceon the extent to which the counterterrorism programrecommendations and budget proposals of thedepartments, agencies, and elements of the UnitedStates Government conform to the priorities establishedby the President;``(D) disseminate terrorism information, includingcurrent terrorism threat analysis, to the President,the Vice President, the Secretaries of State, Defense,and Homeland Security, the Attorney General, theDirector of the Central Intelligence Agency, and otherofficials of the executive branch as appropriate, andto the appropriate committees of Congress;``(E) support the Department of Justice and theDepartment of Homeland Security, and other appropriateagencies, in fulfillment of their responsibilities todisseminate terrorism information, consistent withapplicable law, guidelines referred to in section102A(b), Executive orders and other Presidentialguidance, to State and local government officials, andother entities, and coordinate dissemination ofterrorism information to foreign governments asapproved by the Director of National Intelligence;``(F) develop a strategy for combining terroristtravel intelligence operations and law enforcementplanning and operations into a cohesive effort tointercept terrorists, find terrorist travelfacilitators, and constrain terrorist mobility;``(G) have primary responsibility within the UnitedStates Government for conducting net assessments ofterrorist threats;``(H) consistent with priorities approved by thePresident, assist the Director of National Intelligencein establishing requirements for the intelligence
    • community for the collection of terrorism information;and``(I) perform such other duties as the Director ofNational Intelligence may prescribe or are prescribedby law.``(2) Nothing in paragraph (1)(G) shall limit the authorityof the departments and agencies of the United States to conductnet assessments.``(g) Limitation.--The Director of the NationalCounterterrorism Center may not direct the execution ofcounterterrorism operations.``(h) Resolution of Disputes.--The Director of NationalIntelligence shall resolve disagreements between the NationalCounterterrorism Center and the head of a department, agency,or element of the United States Government on designations,assignments, plans, or responsibilities under this section. Thehead of such a department, agency, or element may appeal theresolution of the disagreement by the Director of NationalIntelligence to the President.``(i) Directorate of Intelligence.--The Director of theNational Counterterrorism Center shall establish and maintainwithin the National Counterterrorism Center a Directorate ofIntelligence which shall have primary responsibility within theUnited States Government for analysis of terrorism andterrorist organizations (except for purely domestic terrorismand domestic terrorist organizations) from all sources ofintelligence, whether collected inside or outside the UnitedStates.``(j) Directorate of Strategic Operational Planning.--(1)The Director of the National Counterterrorism Center shallestablish and maintain within the National CounterterrorismCenter a Directorate of Strategic Operational Planning whichshall provide strategic operational plans for counterterrorismoperations conducted by the United States Government.``(2) Strategic operational planning shall include themission, objectives to be achieved, tasks to be performed,interagency coordination of operational activities, and theassignment of roles and responsibilities.``(3) The Director of the National Counterterrorism Centershall monitor the implementation of strategic operationalplans, and shall obtain information from each element of theintelligence community, and from each other department, agency,or element of the United States Government relevant formonitoring the progress of such entity in implementing suchplans._________________________________________________________________________________________________SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER._________________________________________________________________________________________________Title I of the National Security Act of 1947, as amended bysection 1021 of this Act, is further amended by adding at theend the following new section:``NATIONAL COUNTER PROLIFERATION CENTER``Sec. 119A. (a) Establishment.--Not later than 18 monthsafter the date of the enactment of the National SecurityIntelligence Reform Act of 2004, the President shall establisha National Counter Proliferation Center, taking into accountall appropriate government tools to prevent and halt theproliferation of weapons of mass destruction, their deliverysystems, and related materials and technologies.``(b) Missions and Objectives.--In establishing theNational Counter Proliferation Center, the President shalladdress the following missions and objectives to prevent andhalt the proliferation of weapons of mass destruction, theirdelivery systems, and related materials and technologies:``(1) Establishing a primary organization withinthe United States Government for analyzing andintegrating all intelligence possessed or acquired bythe United States pertaining to proliferation.``(2) Ensuring that appropriate agencies have fullaccess to and receive all-source intelligence supportneeded to executetheir counter proliferation plans or
    • activities, and perform independent, alternative analyses.``(3) Establishing a central repository on knownand suspected proliferation activities, including thegoals, strategies, capabilities, networks, and anyindividuals, groups, or entities engaged inproliferation.``(4) Disseminating proliferation information,including proliferation threats and analyses, to thePresident, to the appropriate departments and agencies,and to the appropriate committees of Congress.``(5) Conducting net assessments and warnings aboutthe proliferation of weapons of mass destruction, theirdelivery systems, and related materials andtechnologies.``(6) Coordinating counter proliferation plans andactivities of the various departments and agencies ofthe United States Government to prevent and halt theproliferation of weapons of mass destruction, theirdelivery systems, and related materials andtechnologies.``(7) Conducting strategic operational counterproliferation planning for the United States Governmentto prevent and halt the proliferation of weapons ofmass destruction, their delivery systems, and relatedmaterials and technologies.``(c) National Security Waiver.--The President may waivethe requirements of this section, and any parts thereof, if thePresident determines that such requirements do not materiallyimprove the ability of the United States Government to preventand halt the proliferation of weapons of mass destruction,their delivery systems, and related materials and technologies.Such waiver shall be made in writing to Congress and shallinclude a description of how the missions and objectives insubsection (b) are being met.``(d) Report to Congress.--(1) Not later than nine monthsafter the implementation of this Act, the President shallsubmit to Congress, in classified form if necessary, thefindings and recommendations of the Presidents Commission onWeapons of Mass Destruction established by Executive Order inFebruary 2004, together with the views of the Presidentregarding the establishment of a National Counter ProliferationCenter.``(2) If the President decides not to exercise the waiverauthority granted by subsection (c), the President shall submitto Congress from time to time updates and plans regarding theestablishment of a National Counter Proliferation Center.``(e) Sense of Congress.--It is the sense of Congress thata central feature of counter proliferation activities,consistent with the Presidents Proliferation SecurityInitiative, should include the physical interdiction, by air,sea, or land, of weapons of mass destruction, their deliverysystems, and related materials and technologies, and enhancedlaw enforcement activities to identify and disruptproliferation networks, activities, organizations, andpersons.._________________________________________________________________________________________________SEC. 1023. NATIONAL INTELLIGENCE CENTERS._________________________________________________________________________________________________Title I of the National Security Act of 1947, as amended bysection 1022 of this Act, is further amended by adding at theend the following new section:``NATIONAL INTELLIGENCE CENTERS``Sec. 119B. (a) Authority To Establish.--The Director ofNational Intelligence may establish one or more nationalintelligence centers to address intelligence priorities,including, but not limited to, regional issues.``(b) Resources of Directors of Centers.--(1) The Directorof National Intelligence shall ensure that the head of eachnational intelligence center under subsection (a) hasappropriate authority, direction, and control of such center,and of the personnel assigned to such center, to carry out the
    • assigned mission of such center.``(2) The Director of National Intelligence shall ensurethat each national intelligence center has appropriatepersonnel to accomplish effectively the mission of such center.``(c) Information Sharing.--The Director of NationalIntelligence shall, to the extent appropriate and practicable,ensure that each national intelligence center under subsection(a) and the other elements of the intelligence community shareinformation in order to facilitate the mission of such center.``(d) Mission of Centers.--Pursuant to the direction of theDirector of National Intelligence, each national intelligencecenter under subsection (a) may, in the area of intelligenceresponsibility assigned to such center--``(1) have primary responsibility for providingall-source analysis of intelligence based uponintelligence gathered both domestically and abroad;``(2) have primary responsibility for identifyingand proposing to the Director of National Intelligenceintelligence collection and analysis and productionrequirements; and``(3) perform such other duties as the Director ofNational Intelligence shall specify.``(e) Review and Modification of Centers.--The Director ofNational Intelligence shall determine on a regular basiswhether--``(1) the area of intelligence responsibilityassigned to each national intelligence center undersubsection (a) continues to meet appropriateintelligence priorities; and``(2) the staffing and management of such centerremains appropriate for the accomplishment of themission of such center.``(f) Termination.--The Director of National Intelligencemay terminate any national intelligence center under subsection(a).``(g) Separate Budget Account.--The Director of NationalIntelligence shall, as appropriate, include in the NationalIntelligence Program budget a separate line item for eachnational intelligence center under subsection (a).._________________________________________________________________________________________________SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL._________________________________________________________________________________________________Subtitle C--Joint Intelligence Community CouncilSEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.Title I of the National Security Act of 1947 (50 U.S.C. 402et seq.) is amended by inserting after section 101 thefollowing 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 Councilshall consist of the following:``(1) The Director of National Intelligence, whoshall 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 StatesGovernment as the President may designate from time totime.``(c) Functions.--The Joint Intelligence Community Councilshall assist the Director of National Intelligence to indeveloping and implementing a joint, unified nationalintelligence effort to protect national security by--``(1) advising the Director on establishingrequirements, developing budgets, financial management,and monitoring and evaluating the performance of theintelligence 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 bythe Director.``(d) Meetings.--The Director of National Intelligenceshall convene regular meetings of the Joint IntelligenceCommunity Council.``(e) Advice and Opinions of Members Other Than Chairman.--(1) A member of the Joint Intelligence Community Council (otherthan the Chairman) may submit to the Chairman advice or anopinion in disagreement with, or advice or an opinion inaddition to, the advice presented by the Director of NationalIntelligence to the President or the National Security Council,in the role of the Chairman as Chairman of the JointIntelligence Community Council. If a member submits such adviceor opinion, the Chairman shall present the advice or opinion ofsuch member at the same time the Chairman presents the adviceof the Chairman to the President or the National SecurityCouncil, as the case may be.``(2) The Chairman shall establish procedures to ensurethat the presentation of the advice of the Chairman to thePresident or the National Security Council is not undulydelayed by reason of the submission of the individual advice oropinion of another member of the Council.``(f) Recommendations to Congress.--Any member of the JointIntelligence Community Council may make such recommendations toCongress relating to the intelligence community as such memberconsiders appropriate.._________________________________________________________________________________________________SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS._________________________________________________________________________________________________Subtitle D--Improvement of Education for the Intelligence CommunitySEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.(a) Findings.--Congress makes the following findings:(1) Foreign language education is essential for thedevelopment of a highly-skilled workforce for theintelligence community.(2) Since September 11, 2001, the need for languageproficiency levels to meet required national securityfunctions has been raised, and the ability tocomprehend and articulate technical and scientificinformation in foreign languages has become critical.(b) Linguistic Requirements.--(1) The Director of NationalIntelligence shall--(A) identify the linguistic requirements for theOffice of the Director of National Intelligence;(B) identify specific requirements for the range oflinguistic skills necessary for the intelligencecommunity, including proficiency in scientific andtechnical vocabularies of critical foreign languages;and(C) develop a comprehensive plan for the Office tomeet such requirements through the education,recruitment, and training of linguists.(2) In carrying out activities under paragraph (1), theDirector shall take into account education grant programs ofthe Department of Defense and the Department of Education thatare in existence as of the date of the enactment of this Act.(3) Not later than one year after the date of the enactmentof this Act, and annually thereafter, the Director shall submitto Congress a report on the requirements identified underparagraph (1), including the success of the Office of theDirector of National Intelligence in meeting such requirements.Each report shall notify Congress of any additional resourcesdetermined by the Director to be required to meet suchrequirements.(4) Each report under paragraph (3) shall be inunclassified form, but may include a classified annex.(c) Professional Intelligence Training.--The Director ofNational Intelligence shall require the head of each elementand component within the Office of the Director of National
    • Intelligence who has responsibility for professionalintelligence training to periodically review and revise thecurriculum for the professional intelligence training of thesenior and intermediate level personnel of such element orcomponent in order to--(1) strengthen the focus of such curriculum on theintegration of intelligence collection and analysisthroughout the Office; and(2) prepare such personnel for duty with otherdepartments, agencies, and element of the intelligencecommunity._________________________________________________________________________________________________SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING._________________________________________________________________________________________________Title X of the National Security Act of 1947 (50 U.S.C.441g) is amended by adding at the end the following newsection:``FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING``Sec. 1002. The Director of National Intelligence shallestablish an integrated framework that brings together theeducational components of the intelligence community in orderto promote a more effective and productive intelligencecommunity through cross-disciplinary education and jointtraining.._________________________________________________________________________________________________SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM._________________________________________________________________________________________________Subtitle E--Additional Improvements of Intelligence ActivitiesSEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.Title X of the National Security Act of 1947, as amended bysection 1042 of this Act, is further amended by adding at theend the following new section:``INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM``Sec. 1003. (a) Establishment.--``(1) In general.--The Director of NationalIntelligence, in consultation with the head of eachagency of the intelligence community, shall establish ascholarship program (to be known as the `IntelligenceCommunity Scholarship Program) to award scholarshipsto individuals that is designed to recruit and preparestudents for civilian careers in the intelligencecommunity to meet the critical needs of theintelligence community agencies.``(2) Selection of recipients.--``(A) Merit and agency needs.--Individualsshall be selected to receive scholarships underthis section through a competitive processprimarily on the basis of academic merit andthe needs of the agency.``(B) Demonstrated commitment.--Individualsselected under this section shall have ademonstrated commitment to the field of studyfor which the scholarship is awarded.``(3) Contractual agreements.--To carry out theProgram the head of each agency shall enter intocontractual agreements with individuals selected underparagraph (2) under which the individuals agree toserve as full-time employees of the agency, for theperiod described in subsection (g)(1), in positionsneeded by the agency and for which the individuals arequalified, in exchange for receiving a scholarship.``(b) Eligibility.--In order to be eligible to participatein the Program, an individual shall--``(1) be enrolled or accepted for enrollment as afull-time student at an institution of higher educationand be pursuing or intend to pursue undergraduate orgraduate education in an academic field or disciplinedescribed in the list made available under subsection
    • (d);``(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 oftitle 5, United States Code).``(c) Application.-- An individual seeking a scholarshipunder this section shall submit an application to the Directorof National Intelligence at such time, in such manner, andcontaining such information, agreements, or assurances as theDirector may require.``(d) Programs and Fields of Study.--The Director ofNational Intelligence shall--``(1) make publicly available a list of academicprograms and fields of study for which scholarshipsunder the Program may be used; and``(2) update the list as necessary.``(e) Scholarships.--``(1) In general.--The Director of NationalIntelligence may provide a scholarship under theProgram for an academic year if the individual applyingfor the scholarship has submitted to the Director, aspart of the application required under subsection (c),a proposed academic program leading to a degree in aprogram or field of study on the list made availableunder subsection (d).``(2) Limitation on years.--An individual may notreceive a scholarship under this section for more than4 academic years, unless the Director of NationalIntelligence grants a waiver.``(3) Student responsibilities.--Scholarshiprecipients shall maintain satisfactory academicprogress.``(4) Amount.--The dollar amount of a scholarshipunder this section for an academic year shall bedetermined under regulations issued by the Director ofNational Intelligence, but shall in no case exceed thecost of tuition, fees, and other authorized expenses asestablished by the Director.``(5) Use of scholarships.--A scholarship providedunder this section may be expended for tuition, fees,and other authorized expenses as established by theDirector of National Intelligence by regulation.``(6) Payment to institution of higher education.--The Director of National Intelligence may enter into acontractual agreement with an institution of highereducation under which the amounts provided for ascholarship under this section for tuition, fees, andother authorized expenses are paid directly to theinstitution with respect to which the scholarship isprovided.``(f) Special Consideration for Current Employees.--``(1) Set aside of scholarships.--Notwithstandingparagraphs (1) and (3) of subsection (b), 10 percent ofthe scholarships awarded under this section shall beset aside for individuals who are employees of agencieson the date of enactment of this section to enhance theeducation of such employees in areas of critical needsof agencies.``(2) Full- or part-time education.--Employees whoare awarded scholarships under paragraph (1) shall bepermitted to pursue undergraduate or graduate educationunder the scholarship on a full-time or part-timebasis.``(g) Employee Service.--``(1) Period of service.--Except as provided insubsection (i)(2), the period of service for which anindividual shall be obligated to serve as an employeeof the agency is 24 months for each academic year forwhich a scholarship under this section is provided.Under no circumstances shall the total period ofobligated service be more than 8 years.``(2) Beginning of service.--``(A) In general.--Except as provided in
    • subparagraph (B), obligated service underparagraph (1) shall begin not later than 60days after the individual obtains theeducational degree for which the scholarshipwas provided.``(B) Deferral.--In accordance withregulations established by the Director ofNational Intelligence, the Director or designeemay defer the obligation of an individual toprovide a period of service under paragraph (1)if the Director or designee determines thatsuch a deferral is appropriate.``(h) Repayment.--``(1) In general.--Scholarship recipients who failto maintain a high level of academic standing, asdefined by the Director of National Intelligence, whoare dismissed from their educational institutions fordisciplinary reasons, or who voluntarily terminateacademic training before graduation from theeducational program for which the scholarship wasawarded, shall be in breach of their contractualagreement and, in lieu of any service obligationarising under such agreement, shall be liable to theUnited States for repayment within 1 year after thedate of default of all scholarship funds paid to themand to the institution of higher education on theirbehalf under the agreement, except as provided insubsection (i)(2). The repayment period may be extendedby the Director when determined to be necessary, asestablished by regulation.``(2) Liability.--Scholarship recipients who, forany reason, fail to begin or complete their serviceobligation after completion of academic training, orfail to comply with the terms and conditions ofdeferment established by the Director of NationalIntelligence under subsection (i)(2)(B), shall be inbreach of their contractual agreement. When recipientsbreach their agreements for the reasons stated in thepreceding sentence, the recipient shall be liable tothe United States for an amount equal to--``(A) the total amount of scholarshipsreceived by such individual under this section;and``(B) the interest on the amounts of suchawards which would be payable if at the timethe awards were received they were loansbearing interest at the maximum legalprevailing rate, as determined by the Treasurerof the United States, multiplied by 3.``(i) Cancellation, Waiver, or Suspension of Obligation.--``(1) Cancellation.--Any obligation of anindividual incurred under the Program (or a contractualagreement thereunder) for service or payment shall becanceled upon the death of the individual.``(2) Waiver or suspension.--The Director ofNational Intelligence shall prescribe regulations toprovide for the partial or total waiver or suspensionof any obligation of service or payment incurred by anindividual under the Program (or a contractualagreement thereunder) whenever compliance by theindividual is impossible or would involve extremehardship to the individual, or if enforcement of suchobligation with respect to the individual would becontrary to the best interests of the Government.``(j) Regulations.--The Director of National Intelligenceshall prescribe regulations necessary to carry out thissection.``(k) Definitions.--In this section:``(1) Agency.--The term `agency means each elementof the intelligence community as determined by theDirector of National Intelligence.``(2) Institution of higher education.--The term`institution of higher education has the meaning given
    • that term under section 101 of the Higher Education Actof 1965 (20 U.S.C. 1001).``(3) Program.--The term `Program means theIntelligence Community Scholarship Program establishedunder subsection (a).._________________________________________________________________________________________________SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY._________________________________________________________________________________________________The Director of National Intelligence, in cooperation withthe Secretary of Defense and the Secretary of Energy, shouldseek to ensure that each service laboratory of the Departmentof Defense and each national laboratory of the Department ofEnergy may, acting through the relevant Secretary and in amanner consistent with the missions and commitments of thelaboratory--(1) assist the Director of National Intelligence inall aspects of technical intelligence, includingresearch, applied sciences, analysis, technologyevaluation and assessment, and any other aspect thatthe relevant Secretary considers appropriate; and(2) make available to the intelligence community,on a community-wide basis--(A) the analysis and production services ofthe service and national laboratories, in amanner that maximizes the capacity and servicesof such laboratories; and(B) the facilities and human resources ofthe service and national laboratories, in amanner that improves the technologicalcapabilities of the intelligence community._________________________________________________________________________________________________SEC. 1052. OPEN-SOURCE INTELLIGENCE._________________________________________________________________________________________________(a) Sense of Congress.--It is the sense of Congress that--(1) the Director of National Intelligence shouldestablish an intelligence center for the purpose ofcoordinating the collection, analysis, production, anddissemination of open source intelligence to elementsof the intelligence community;(2) open source intelligence is a valuable sourcethat must be integrated into the intelligence cycle toensure that United States policymakers are fully andcompletely informed; and(3) the intelligence center should ensure that eachelement of the intelligence community uses open sourceintelligence consistent with the mission of suchelement.(b) Requirement for Efficient Use by Intelligence Communityof Open-source Intelligence.--The Director of NationalIntelligence shall ensure that the intelligence community makesefficient and effective use of open-source information andanalysis.(c) Report.--Not later than June 30, 2005, the Director ofNational Intelligence shall submit to the congressionalintelligence committees a report containing the decision of theDirector as to whether an open source intelligence center willbe established. If the Director decides not to establish anopen source intelligence center, such report shall also containa description of how the intelligence community will use opensource intelligence and effectively integrate open sourceintelligence into the national intelligence cycle.(d) Congressional Intelligence Committees Defined.--In thissection, the term ``congressional intelligence committeesmeans--(1) the Select Committee on Intelligence of theSenate; and(2) the Permanent Select Committee on Intelligenceof the House of Representatives.
    • _________________________________________________________________________________________________SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS._________________________________________________________________________________________________(a) Establishment.--The Director of National Intelligencemay provide for the establishment and training of a NationalIntelligence Reserve Corps (in this section referred to as``National Intelligence Reserve Corps) for the temporaryreemployment on a voluntary basis of former employees ofelements of the intelligence community during periods ofemergency, as determined by the Director.(b) Eligible Individuals.--An individual may participate inthe National Intelligence Reserve Corps only if the individualpreviously served as a full time employee of an element of theintelligence community.(c) Terms of Participation.--The Director of NationalIntelligence shall prescribe the terms and conditions underwhich eligible individuals may participate in the NationalIntelligence Reserve Corps.(d) Expenses.--The Director of National Intelligence mayprovide members of the National Intelligence Reserve Corpstransportation and per diem in lieu of subsistence for purposesof participating in any training that relates to service as amember of the Reserve Corps.(e) Treatment of Annuitants.--(1) If an annuitant receivingan annuity from the Civil Service Retirement and DisabilityFund becomes temporarily reemployed pursuant to this section,such annuity shall not be discontinued thereby.(2) An annuitant so reemployed shall not be considered anemployee for the purposes of chapter 83 or 84 of title 5,United States Code.(f) Treatment Under Office of Director of NationalIntelligence Personnel Ceiling.--A member of the NationalIntelligence Reserve Corps who is reemployed on a temporarybasis pursuant to this section shall not count against anypersonnel ceiling applicable to the Office of the Director ofNational Intelligence._________________________________________________________________________________________________SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD._________________________________________________________________________________________________Subtitle F--Privacy and Civil LibertiesSEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) In conducting the war on terrorism, the FederalGovernment may need additional powers and may need toenhance the use of its existing powers.(2) This potential shift of power and authority tothe Federal Government calls for an enhanced system ofchecks and balances to protect the precious libertiesthat are vital to our way of life.(b) Establishment of Board.--There is established withinthe Executive Office of the President a Privacy and CivilLiberties Oversight Board (referred to in this section as the``Board).(c) Functions.--(1) Advice and counsel on development andimplementation of policy.--For the purpose of providingadvice to the President or to the head of anydepartment or agency of the executive branch, the Boardshall--(A) review proposed regulations andexecutive branch policies related to efforts toprotect the Nation from terrorism, includingthe development and adoption of informationsharing guidelines under subsections (d) and(f) of section 1016;(B) review the implementation of laws,
    • regulations, and executive branch policiesrelated to efforts to protect the Nation fromterrorism, including the implementation ofinformation sharing guidelines undersubsections (d) and (f) of section 1016;(C) advise the President and the head ofany department or agency of the executivebranch to ensure that privacy and civilliberties are appropriately considered in thedevelopment and implementation of suchregulations and executive branch policies; and(D) in providing advice on proposals toretain or enhance a particular governmentalpower, consider whether the department, agency,or element of the executive branch concernedhas explained--(i) that there is adequatesupervision of the use by the executivebranch of the power to ensureprotection of privacy and civilliberties;(ii) that there are adequateguidelines and oversight to properlyconfine the use of the power; and(iii) that the need for the power,including the risk presented to thenational security if the FederalGovernment does not take certainactions, is balanced with the need toprotect privacy and civil liberties.(2) Oversight.--The Board shall continuallyreview--(A) regulations, executive branch policies,and procedures (including the implementation ofsuch regulations, policies, and procedures),related laws pertaining to efforts to protectthe Nation from terrorism, and other actions bythe executive branch related to efforts toprotect the Nation from terrorism to ensurethat privacy and civil liberties are protected;and(B) the information sharing practices ofthe departments, agencies, and elements of theexecutive branch to determine whether or notsuch practices appropriately protect privacyand civil liberties and adhere to theinformation sharing guidelines undersubsections (d) and (f) of section 1016 and toother applicable laws, regulations, andexecutive branch policies regarding theprotection of privacy and civil liberties.(3) Scope.--The Board shall ensure that concernswith respect to privacy and civil liberties areappropriately considered in the implementation of laws,regulations, and executive branch policies related toefforts to protect the Nation against terrorism.(4) Reports to congress.--Not less frequently thanannually, the Board shall prepare a report to Congress,unclassified to the greatest extent possible (with aclassified annex, if necessary), on the Boards majoractivities during the preceding period.(d) Access to Information.--(1) Authorization.--If determined by the Board tobe necessary to carry out its responsibilities underthis section, the Board is authorized, to the extentpermitted by law, to--(A) have access from any department oragency of the executive branch, or any Federalofficer or employee of any such department oragency, to all relevant records, reports,audits, reviews, documents, papers,recommendations, or other relevant material,including classified information consistent
    • with applicable law;(B) interview or take statements fromofficers of any department or agency of theexecutive branch;(C) request information or assistance fromany State, tribal, or local government; and(D)(i) request that persons (other thandepartments, agencies, and elements of theexecutive branch) produce for the Boardrelevant information, documents, reports,answers, records, accounts, papers, and otherdocumentary and testimonial evidence; and(ii) if the person to whom such a requestis directed does not comply with the requestwithin 45 days of receipt of such request,notify the Attorney General of such personsfailure to comply with such request, whichnotice shall include all relevant information.(2) Production of information and evidence.--(A) Explanation of noncompliance.--Uponreceiving notification under paragraph(1)(D)(ii) regarding a request, the AttorneyGeneral shall provide an opportunity for theperson subject to the request to explain thereasons for not complying with the request.(B) Action by attorney general.--Uponreceiving notification under paragraph(1)(D)(ii) regarding a request, the AttorneyGeneral shall review the request and may takesuch steps as appropriate to ensure compliancewith the request for the information,documents, reports, answers, records, accounts,papers, and other documentary and testimonialevidence covered by the request.(3) Agency cooperation.--Whenever information orassistance requested under subparagraph (A) or (B) ofparagraph (1) is, in the judgment of the Board,unreasonably refused or not provided, the Board shallreport the circumstances to the head of the departmentor agency concerned without delay. If the requestedinformation or assistance may be provided to the Boardin accordance with applicable law, the head of thedepartment or agency concerned shall ensure compliancewith such request.(4) Exceptions for national security.--(A) In general.--If the NationalIntelligence Director, in consultation with theAttorney General, determines that it isnecessary to withhold information requestedunder paragraph (3) to protect the nationalsecurity interests of the United States, thehead of the department or agency concernedshall not furnish such information to theBoard.(B) Certain information.--If the AttorneyGeneral determines that it is necessary towithhold information requested under paragraph(3) from disclosure to protect sensitive lawenforcement or counterterrorism information orongoing operations, the head of the departmentor agency concerned shall not furnish suchinformation to the Board.(e) Membership.--(1) Members.--(A) In general.--The Board shall becomposed of a chairman, a vice chairman, andthree additional members appointed by thePresident.(B) Chairman and vice chairman.--Thechairman and vice chairman shall each beappointed by the President, by and with theadvice and consent of the Senate.(C) Appointment requirements.--Any
    • individual appointed to the Board shall beappointed from among trustworthy anddistinguished citizens outside the FederalGovernment who are qualified on the basis ofachievement, experience, and independence.(D) Full-time service of chairman.--Thechairman may serve on a full-time basis.(E) Service at pleasure of president.--Thechairman, vice chairman, and other members ofthe Board shall each serve at the pleasure ofthe President.(2) Incompatible office.--An individual appointedto the Board may not, while serving on the Board, be anelected official, officer, or employee of the FederalGovernment, other than in the capacity as a member ofthe Board.(3) Quorum and meetings.--The Board shall meet uponthe call of the chairman or a majority of its members.Three members of the Board shall constitute a quorum.(f) Compensation and Travel Expenses.--(1) Compensation.--(A) Chairman on full-time basis.--If thechairman serves on a full-time basis, the rateof pay for the chairman shall be the annualrate of basic pay in effect for a position atlevel III of the Executive Schedule undersection 5314 of title 5, United States Code.(B) Chairman and vice chairman on part-timebasis.--The chairman, if serving on a part-timebasis, and the vice chairman shall becompensated at a rate equal to the dailyequivalent of the annual rate of basic pay ineffect for a position at level III of theExecutive Schedule under section 5314 of title5, United States Code, for each day duringwhich the such official is engaged in theactual performance of the duties of the Board.(C) Members.--Each member of the Boardshall be compensated at a rate equal to thedaily equivalent of the annual rate of basicpay in effect for a position at level IV of theExecutive Schedule under section 5315 of title5, United States Code, for each day duringwhich that member is engaged in the actualperformance of the duties of the Board.(2) Travel expenses.--Members of the Board shall beallowed travel expenses, including per diem in lieu ofsubsistence, at rates authorized for persons employedintermittently by the Federal Government under section5703(b) of title 5, United States Code, while away fromtheir homes or regular places of business in theperformance of services for the Board.(g) Staff.--(1) Appointment and compensation.--The chairman, inaccordance with rules agreed upon by the Board, shallappoint and fix the compensation of an executivedirector and such other personnel as may be necessaryto enable the Board to carry out its functions, withoutregard to the provisions of title 5, United StatesCode, governing appointments in the competitiveservice, and without regard to the provisions ofchapter 51 and subchapter III of chapter 53 of suchtitle relating to classification and General Schedulepay rates, except that no rate of pay fixed under thissubsection may exceed the equivalent of that payablefor a position at level V of the Executive Scheduleunder section 5316 of title 5, United States Code.(2) Detailees.--Federal employees may be detailedto the Board without reimbursement from the Board, andsuch detailee shall retain the rights, status, andprivileges of the detailees regular employment withoutinterruption.(3) Consultant services.--The Board may procure the
    • temporary or intermittent services of experts andconsultants in accordance with section 3109 of title 5,United States Code, at rates that do not exceed thedaily rate paid a person occupying a position at levelIV of the Executive Schedule under section 5315 of suchtitle.(h) Security Clearances.--The appropriate departments andagencies of the executive branch shall cooperate with the Boardto expeditiously provide Board members and staff withappropriate security clearances to the extent possible underapplicable procedures and requirements. Promptly uponcommencing its work, the Board shall adopt, after consultationwith the Secretary of Defense, the Attorney General, and theNational Intelligence Director, rules and procedures of theBoard for physical, communications, computer, document,personnel, and other security in relation to the work of theBoard.(i) Applicability of Certain Laws.--(1) Federal advisory committee act.--The FederalAdvisory Committee Act (5 U.S.C. App.) shall not applywith respect to the Board and its activities.(2) Freedom of information act.--For purposes ofthe Freedom of Information Act, the Board shall betreated as an agency (as that term is defined insection 551(1) of title 5, United States Code).(j) Construction.--Except as otherwise provided in thissection, nothing in this section shall be construed to requireany consultation with the Board by any department or agency ofthe executive branch or any Federal officer or employee, or anywaiting period that must be observed by any department oragency of the executive branch or any Federal officer oremployee, before developing, proposing, or implementing anylegislation, law, regulation, policy, or guideline related toefforts to protect the Nation from terrorism.(k) Presidential Responsibility.--The Board shall performits functions within the executive branch and under the generalsupervision of the President.(l) Authorization of Appropriations.--There are authorizedto be appropriated such sums as may be necessary to carry outthis section._________________________________________________________________________________________________SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL LIBERTIES OFFICERS._________________________________________________________________________________________________It is the sense of Congress that each executive departmentor agency with law enforcement or antiterrorism functionsshould designate a privacy and civil liberties officer._________________________________________________________________________________________________SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONALINTELLIGENCE AND DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY._________________________________________________________________________________________________Subtitle G--Conforming and Other AmendmentsSEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF NATIONAL INTELLIGENCE ANDDIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.(a) National Security Act of 1947.--(1) The NationalSecurity Act of 1947 (50 U.S.C. 401 et seq.) is amended bystriking ``Director of Central Intelligence each place itappears in the following provisions and inserting ``Director ofNational Intelligence:(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).(D) Section 101(j) (50 U.S.C. 402(j)).(E) Section 105(a) (50 U.S.C. 403-5(a)).(F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).(H) Section 105B(b) (50 U.S.C. 403-5b(b)), thefirst place it appears.
    • (I) Section 110(b) (50 U.S.C. 404e(b)).(J) Section 110(c) (50 U.S.C. 404e(c)).(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).(Q) Section 115(b) (50 U.S.C. 404j(b)).(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).(S) Section 116(a) (50 U.S.C. 404k(a)).(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).(U) Section 303(a) (50 U.S.C. 405(a)), both placesit appears.(V) Section 501(d) (50 U.S.C. 413(d)).(W) Section 502(a) (50 U.S.C. 413a(a)).(X) Section 502(c) (50 U.S.C. 413a(c)).(Y) Section 503(b) (50 U.S.C. 413b(b)).(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).(CC) Section 603(a) (50 U.S.C. 423(a)).(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).(EE) Section 702(a)(6)(B)(viii) (50 U.S.C.432(a)(6)(B)(viii)).(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), bothplaces it appears.(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).(HH) Section 703(a)(6)(B)(viii) (50 U.S.C.432a(a)(6)(B)(viii)).(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), bothplaces it appears.(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).(KK) Section 704(f)(2)(H) (50 U.S.C.432b(f)(2)(H)).(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)),both places it appears.(MM) Section 1001(a) (50 U.S.C. 441g(a)).(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).(QQ) Section 1102(d) (50 U.S.C. 442a(d)).(2) That Act is further amended by striking ``of CentralIntelligence each place it appears in the followingprovisions:(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)), thesecond place it appears.(3) That Act is further amended by striking ``Directoreach place it appears in the following provisions and inserting``Director of National Intelligence:(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 itappears.(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 itappears.(4) Section 114A of that Act (50 U.S.C. 404i-1) is amendedby striking ``Director of Central Intelligence and inserting``Director of National Intelligence, the Director of theCentral Intelligence Agency(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) isamended by striking ``Director of Central Intelligence andinserting ``Director of the Central Intelligence Agency.(6) Section 701 of that Act (50 U.S.C. 431) is amended--(A) in subsection (a), by striking ``Operationalfiles of the Central Intelligence Agency may beexempted by the Director of Central Intelligence andinserting ``The Director of the Central IntelligenceAgency, with the coordination of the Director of
    • National Intelligence, may exempt operational files ofthe Central Intelligence Agency; and(B) in subsection (g)(1), by striking ``Director ofCentral Intelligence and inserting ``Director of theCentral Intelligence Agency and the Director ofNational Intelligence.(7) The heading for section 114 of that Act (50 U.S.C.404i) is amended to read as follows:``ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONALINTELLIGENCE.(b) Central Intelligence Agency Act of 1949.--(1) TheCentral Intelligence Agency Act of 1949 (50 U.S.C. 403a etseq.) is amended by striking ``Director of CentralIntelligence each place it appears in the followingprovisions and inserting ``Director of National Intelligence:(A) Section 6 (50 U.S.C. 403g).(B) Section 17(f) (50 U.S.C. 403q(f)), both placesit appears.(2) That Act is further amended by striking ``of CentralIntelligence in each of the following provisions:(A) Section 2 (50 U.S.C. 403b).(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).(D) Section 20(c) (50 U.S.C. 403t(c)).(3) That Act is further amended by striking ``Director ofCentral Intelligence each place it appears in the followingprovisions and inserting ``Director of the Central IntelligenceAgency:(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)), bothplaces 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.--Section101 of the Central Intelligence Agency Retirement Act (50U.S.C. 2001) is amended by striking paragraph (2) and insertingthe following new paragraph (2):``(2) Director.--The term `Director means theDirector of the Central Intelligence Agency..(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) ofsection 2 of the Central Intelligence Agency VoluntarySeparation Pay Act (50 U.S.C. 2001 note) is amended to read asfollows:``(1) the term `Director means the Director of theCentral Intelligence Agency;.(e) Foreign Intelligence Surveillance Act of 1978.--(1) TheForeign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801et seq.) is amended by striking ``Director of CentralIntelligence each place it appears and inserting ``Directorof National Intelligence.(f) Classified Information Procedures Act.--Section 9(a) ofthe Classified Information Procedures Act (5 U.S.C. App.) isamended by striking ``Director of Central Intelligence andinserting ``Director of National Intelligence.(g) Intelligence Authorization Acts.--(1) Public law 103-359.--Section 811(c)(6)(C) ofthe Counterintelligence and Security Enhancements Actof 1994 (title VIII of Public Law 103-359) is amendedby striking ``Director of Central Intelligence andinserting ``Director of National Intelligence.(2) Public law 107-306.--(A) The IntelligenceAuthorization Act for Fiscal Year 2003 (Public Law 107-306) is amended by striking ``Director of CentralIntelligence, acting as the head of the intelligencecommunity, each place it appears in the followingprovisions and inserting ``Director of NationalIntelligence:(i) Section 313(a) (50 U.S.C. 404n(a)).(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))(B) That Act is further amended by striking``Director of Central Intelligence each place it
    • appears in the following provisions and inserting``Director of National Intelligence:(i) Section 904(e)(4) (50 U.S.C.402c(e)(4)).(ii) Section 904(e)(5) (50 U.S.C.402c(e)(5)).(iii) Section 904(h) (50 U.S.C. 402c(h)),each place it appears.(iv) Section 904(m) (50 U.S.C. 402c(m)).(C) Section 341 of that Act (50 U.S.C. 404n-1) isamended by striking ``Director of Central Intelligence,acting as the head of the intelligence community, shallestablish in the Central Intelligence Agency andinserting ``Director of National Intelligence shallestablish within the Central Intelligence Agency.(D) Section 352(b) of that Act (50 U.S.C. 404-3note) is amended by striking ``Director and inserting``Director of National Intelligence.(3) Public law 108-177.--(A) The IntelligenceAuthorization Act for Fiscal Year 2004 (Public Law 108-177) is amended by striking ``Director of CentralIntelligence each place it appears in the followingprovisions and inserting ``Director of NationalIntelligence:(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), bothplaces it appears.(B) Section 319(f)(2) of that Act (50 U.S.C. 403note) is amended by striking ``Director the firstplace it appears and inserting ``Director of NationalIntelligence.(C) Section 404 of that Act (18 U.S.C. 4124 note)is amended by striking ``Director of CentralIntelligence and inserting ``Director of the CentralIntelligence Agency._________________________________________________________________________________________________SEC. 1072. OTHER CONFORMING AMENDMENTS_________________________________________________________________________________________________(a) National Security Act of 1947.--(1) Section 101(j) ofthe National Security Act of 1947 (50 U.S.C. 402(j)) is amendedby striking ``Deputy Director of Central Intelligence andinserting ``Principal Deputy Director of NationalIntelligence.(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) isamended by striking ``The Secretary in the matter precedingparagraph (1) and inserting ``Consistent with sections 102 and102A, the Secretary.(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) isamended by striking ``103 and 104 in the matter precedingparagraph (1) and inserting ``102 and 102A.(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) isamended by striking ``section 103(c)(6) of this Act andinserting ``section 102A(i) of this Act.(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) isamended by striking ``to the Deputy Director of CentralIntelligence, or with respect to employees of the CentralIntelligence Agency, the Director may delegate such authorityto the Deputy Director for Operations and inserting ``to thePrincipal Deputy Director of National Intelligence, or withrespect to employees of the Central Intelligence Agency, to theDirector of the Central Intelligence Agency.(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))is amended by striking ``Office of the Deputy Director ofCentral Intelligence and inserting ``Office of the Directorof National Intelligence.(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
    • amended by striking ``Office of the Director of CentralIntelligence and inserting ``Office of the Director ofNational Intelligence.(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) isamended by striking ``Assistant Director of CentralIntelligence for Administration and inserting ``Office of theDirector of National Intelligence.(b) Central Intelligence Act of 1949.--Section 6 of theCentral Intelligence Agency Act of 1949 (50 U.S.C. 403g) isamended by striking ``section 103(c)(7) of the NationalSecurity Act of 1947 (50 U.S.C. 403-3(c)(7)) and inserting``section 102A(i) of the National Security Act of 1947.(c) Central Intelligence Agency Retirement Act.--Section201(c) of the Central Intelligence Agency Retirement Act (50U.S.C. 2011(c)) is amended by striking ``paragraph (6) ofsection 103(c) of the National Security Act of 1947 (50 U.S.C.403-3(c)) that the Director of Central Intelligence andinserting ``section 102A(i) of the National Security Act of1947 (50 U.S.C. 403-3(c)(1)) that the Director of NationalIntelligence.(d) Intelligence Authorization Acts.--(1) Public law 107-306.--(A) Section 343(c) of theIntelligence Authorization Act for Fiscal Year 2003(Public Law 107-306; 50 U.S.C. 404n-2(c)) is amended bystriking ``section 103(c)(6) of the National SecurityAct of 1947 (50 U.S.C. 403-3((c)(6)) and inserting``section 102A(i) of the National Security Act of 1947(50 U.S.C. 403-3(c)(1)).(B)(i) Section 902 of that Act (also known as theCounterintelligence Enhancements Act of 2002) (50U.S.C. 402b) is amended by striking ``President eachplace it appears and inserting ``Director of NationalIntelligence.(ii) Section 902(a)(2) of that Act is amended bystriking ``Director of Central Intelligence andinserting ``Director of the Central IntelligenceAgency.(C) Section 904 of that Act (50 U.S.C. 402c) isamended--(i) in subsection (c), by striking ``Officeof the Director of Central Intelligence andinserting ``Office of the Director of NationalIntelligence; and(ii) in subsection (l), by striking``Office of the Director of CentralIntelligence and inserting ``Office of theDirector of National Intelligence.(2) Public law 108-177.--(A) Section 317 of theIntelligence Authorization Act for Fiscal Year 2004(Public Law 108-177; 50 U.S.C. 403-3 note) is amended--(i) in subsection (g), by striking``Assistant Director of Central Intelligencefor Analysis and Production and inserting``Deputy Director of National Intelligence;and(ii) in subsection (h)(2)(C), by striking``Assistant Director and inserting ``DeputyDirector of National Intelligence.(B) Section 318(e) of that Act (50 U.S.C. 441gnote) is amended by striking ``Assistant Director ofCentral Intelligence for Analysis and Production andinserting ``Deputy Director of National Intelligence._________________________________________________________________________________________________SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947._________________________________________________________________________________________________Paragraph (4) of section 3 of the National Security Act of1947 (50 U.S.C. 401a) is amended to read as follows:``(4) The term `intelligence community includesthe following:``(A) The Office of the Director ofNational Intelligence.
    • ``(B) The Central Intelligence Agency.``(C) The National Security Agency.``(D) The Defense Intelligence Agency.``(E) The National Geospatial-IntelligenceAgency.``(F) The National Reconnaissance Office.``(G) Other offices within the Departmentof Defense for the collection of specializednational intelligence through reconnaissanceprograms.``(H) The intelligence elements of theArmy, the Navy, the Air Force, the MarineCorps, the Federal Bureau of Investigation, andthe Department of Energy.``(I) The Bureau of Intelligence andResearch of the Department of State.``(J) The Office of Intelligence andAnalysis of the Department of the Treasury.``(K) The elements of the Department ofHomeland Security concerned with the analysisof intelligence information, including theOffice of Intelligence of the Coast Guard.``(L) Such other elements of any otherdepartment or agency as may be designated bythe President, or designated jointly by theDirector of National Intelligence and the headof the department or agency concerned, as anelement of the intelligence community.._________________________________________________________________________________________________SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONALINTELLIGENCE PROGRAM._________________________________________________________________________________________________(a) Redesignation.--Paragraph (6) of section 3 of theNational Security Act of 1947 (50 U.S.C. 401a) is amended bystriking ``Foreign.(b) Conforming Amendments.--(1)(A) Section 506 of theNational Security Act of 1947 (50 U.S.C. 415a) is amended--(i) in subsection (a), by striking ``NationalForeign Intelligence Program and inserting ``NationalIntelligence Program; and(ii) in the section heading, by striking``foreign.(B) Section 105 of that Act (50 U.S.C. 403-5) is amended--(i) in paragraphs (2) and (3) of subsection (a), bystriking ``National Foreign Intelligence Program andinserting ``National Intelligence Program; and(ii) in the section heading, by striking``foreign.(2) Section 17(f) of the Central Intelligence Agency Act of1949 (50 U.S.C. 403q(f)) is amended by striking ``NationalForeign Intelligence Program and inserting ``NationalIntelligence Program._________________________________________________________________________________________________SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY._________________________________________________________________________________________________Section 111 of the National Security Act of 1947 (50 U.S.C.404f) is repealed._________________________________________________________________________________________________SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947._________________________________________________________________________________________________The table of in the first section of the NationalSecurity Act of 1947 is amended--(1) by striking the items relating to sections 102through 105 and inserting the following new items:``Sec. 101A. Joint Intelligence Community Council.``Sec. 102. Director of National Intelligence.
    • ``Sec. 102A. Responsibilities and authorities of the Director ofNational Intelligence.``Sec. 103. Office of the Director of National Intelligence.``Sec. 103A. Deputy Directors of National Intelligence.``Sec. 103B. National Intelligence Council.``Sec. 103C. General Counsel.``Sec. 103D. Civil Liberties Protection Officer.``Sec. 103E. Director of Science and Technology.``Sec. 103F. National Counterintelligence Executive.``Sec. 104. Central Intelligence Agency.``Sec. 104A. Director of the Central Intelligence Agency.``Sec. 105. Responsibilities of the Secretary of Defense pertaining tothe National Intelligence Program.;(2) by striking the item relating to section 111;(3) by striking the item relating to section 114and inserting the following new item:``Sec. 114. Additional annual reports from the Director of NationalIntelligence.;(4) by inserting after the item relating to section118 the following new items:``Sec. 119. National Counterterrorism Center.``Sec. 119A. National Counter Proliferation Center.``Sec. 119B. National intelligence centers.(5) by striking the item relating to section 506and inserting the following new item:``Sec. 506. Specificity of National Intelligence Program budget amountsfor counterterrorism, counterproliferation, counternarcotics,and counterintelligence.;and(6) by inserting after the item relating to section1001 the following new items:``Sec. 1002. Framework for cross-disciplinary education and training.``Sec. 1003. Intelligence Community Scholarship Program.._________________________________________________________________________________________________SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THEDIRECTOR OF THE CENTRAL INTELLIGENCEAGENCY._________________________________________________________________________________________________Section 1 of the Central Intelligence Agency Act of 1949(50 U.S.C. 403a) is amended--(1) by redesignating paragraphs (a), (b), and (c)as paragraphs (1), (2), and (3), respectively; and(2) by striking paragraph (2), as so redesignated,and inserting the following new paragraph (2):``(2) `Director means the Director of the CentralIntelligence Agency; and._________________________________________________________________________________________________SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OFNATIONAL INTELLIGENCE._________________________________________________________________________________________________The Inspector General Act of 1978 (5 U.S.C. App.) isamended by inserting after section 8J the following newsection:``AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THEDIRECTOR OF NATIONAL INTELLIGENCE``Sec. 8K. If the Director of National Intelligencedetermines that an Office of Inspector General would bebeneficial to improving the operations and effectiveness of theOffice of the Director of National Intelligence, the Directorof National Intelligence is authorized to establish, with anyof the duties, responsibilities, and authorities set forth inthis Act, an Office of Inspector General.._________________________________________________________________________________________________SEC. 1079. 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 theend; and(2) by inserting after subclause (XIII) thefollowing new subclause:``(XIV) the Office of the Director ofNational Intelligence; or.(b) Deletion of Information About Foreign Gifts.--Section7342(f)(4) of title 5, United States Code, is amended--(1) by inserting ``(A) after ``(4);(2) in subparagraph (A), as so designated, bystriking ``the Director of Central Intelligence andinserting ``the Director of the Central IntelligenceAgency; and(3) by adding at the end the following newsubparagraph:``(B) In transmitting such listings for the Office of theDirector of National Intelligence, the Director of NationalIntelligence may delete the information described insubparagraphs (A) and (C) of paragraphs (2) and (3) if theDirector certifies in writing to the Secretary of State thatthe publication of such information could adversely affectUnited States intelligence sources..(c) Exemption from Financial Disclosures.--Section105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) isamended by inserting ``the Office of the Director of NationalIntelligence, before ``the Central Intelligence Agency._________________________________________________________________________________________________SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIREAND MANAGE PROPERTY AND SERVICES._________________________________________________________________________________________________Section 113(e) of title 40, United States Code, isamended--(1) in paragraph (18), by striking ``or at theend;(2) in paragraph (19), by striking the period atthe end and inserting ``; or; and(3) by adding at the end the following newparagraph:``(20) the Office of the Director of NationalIntelligence.._________________________________________________________________________________________________SEC. 1081. GENERAL REFERENCES._________________________________________________________________________________________________(a) Director of Central Intelligence as Head ofIntelligence Community.--Any reference to the Director ofCentral Intelligence or the Director of the CentralIntelligence Agency in the Directors capacity as the head ofthe intelligence community in any law, regulation, document,paper, or other record of the United States shall be deemed tobe a reference to the Director of National Intelligence.(b) Director of Central Intelligence as Head of CIA.--Anyreference to the Director of Central Intelligence or theDirector of the Central Intelligence Agency in the Directorscapacity as the head of the Central Intelligence Agency in anylaw, regulation, document, paper, or other record of the UnitedStates shall be deemed to be a reference to the Director of theCentral Intelligence Agency.(c) Community Management Staff.--Any reference to theCommunity Management Staff in any law, regulation, document,paper, or other record of the United States shall be deemed tobe a reference to the staff of the Office of the Director ofNational Intelligence._________________________________________________________________________________________________SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF._________________________________________________________________________________________________
    • Subtitle H--Transfer, Termination, Transition, and Other ProvisionsSEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.(a) Transfer.--There shall be transferred to the Office ofthe Director of National Intelligence such staff of theCommunity Management Staff as of the date of the enactment ofthis Act as the Director of National Intelligence determines tobe appropriate, including all functions and activitiesdischarged by the Community Management Staff as of that date.(b) Administration.--The Director of National Intelligenceshall administer the Community Management Staff after the dateof the enactment of this Act as a component of the Office ofthe Director of National Intelligence under section 103 of theNational Security Act of 1947, as amended by section 1011(a) ofthis Act._________________________________________________________________________________________________SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER._________________________________________________________________________________________________(a) Transfer.--There shall be transferred to the NationalCounterterrorism Center the Terrorist Threat Integration Center(TTIC) or its successor entity, including all functions andactivities discharged by the Terrorist Threat IntegrationCenter or its successor entity as of the date of the enactmentof this Act.(b) Administration.--The Director of the NationalCounterterrorism Center shall administer the Terrorist ThreatIntegration Center after the date of the enactment of this Actas a component of the Directorate of Intelligence of theNational Counterterrorism Center under section 119(i) of theNational Security Act of 1947, as added by section 1021(a) ofthis Act._________________________________________________________________________________________________SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE._________________________________________________________________________________________________(a) Termination.--The positions referred to in subsection(b) are hereby abolished.(b) Covered Positions.--The positions referred to in thissubsection are as follows:(1) The Assistant Director of Central Intelligencefor Collection.(2) The Assistant Director of Central Intelligencefor Analysis and Production.(3) The Assistant Director of Central Intelligencefor Administration._________________________________________________________________________________________________SEC. 1094. IMPLEMENTATION PLAN._________________________________________________________________________________________________The President shall transmit to Congress a plan for theimplementation of this title and the amendments made by thistitle. The plan shall address, at a minimum, the following:(1) The transfer of personnel, assets, andobligations to the Director of National Intelligencepursuant to this title.(2) Any consolidation, reorganization, orstreamlining of activities transferred to the Directorof National Intelligence pursuant to this title.(3) The establishment of offices within the Officeof the Director of National Intelligence to implementthe duties and responsibilities of the Director ofNational Intelligence as described in this title.(4) Specification of any proposed disposition ofproperty, facilities, contracts, records, and otherassets and obligations to be transferred to theDirector of National Intelligence.(5) Recommendations for additional legislative oradministrative action as the President considersappropriate.
    • _________________________________________________________________________________________________SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCECOMMUNITY REFORM._________________________________________________________________________________________________(a) Report.--Not later than one year after the effectivedate of this Act, the Director of National Intelligence shallsubmit to the congressional intelligence committees a report onthe progress made in the implementation of this title,including the amendments made by this title. The report shallinclude a comprehensive description of the progress made, andmay include such recommendations for additional legislative oradministrative action as the Director considers appropriate.(b) Congressional Intelligence Committees Defined.--In thissection, the term ``congressional intelligence committeesmeans--(1) the Select Committee on Intelligence of theSenate; and(2) the Permanent Select Committee on Intelligenceof the House of Representatives._________________________________________________________________________________________________SEC. 1096. TRANSITIONAL AUTHORITIES._________________________________________________________________________________________________(a) In General.--Upon the request of the Director ofNational Intelligence, the head of any executive agency may, ona reimbursable basis, provide services or detail personnel tothe Director of National Intelligence.(b) Transfer of Personnel.--In addition to any otherauthorities available under law for such purposes, in thefiscal year after the effective date of this Act, the Directorof National Intelligence--(1) is authorized within the Office of the Directorof National Intelligence 500 new personnel billets; and(2) with the approval of the Director of the Officeof Management and Budget, may detail not more than 150personnel funded within the National IntelligenceProgram to the Office of the Director of NationalIntelligence for a period of not more than 2 years._________________________________________________________________________________________________SEC. 1097. EFFECTIVE DATES._________________________________________________________________________________________________(a) In General.--Except as otherwise expressly provided inthis Act, this title and the amendments made by this titleshall take effect not later than six months after the date ofthe enactment of this Act.(b) Specific Effective Dates.--(1)(A) Not later than 60days after the date of the appointment of the first Director ofNational Intelligence, the Director of National Intelligenceshall first appoint individuals to positions within the Officeof the Director of National Intelligence.(B) Subparagraph (A) shall not apply with respect to thePrincipal Deputy Director of National Intelligence.(2) Not later than 180 days after the effective date ofthis Act, the President shall transmit to Congress theimplementation plan required by section 1094.(3) Not later than one year after the date of the enactmentof this Act, the Director of National Intelligence shallprescribe regulations, policies, procedures, standards, andguidelines required under section 102A of the National SecurityAct of 1947, as amended by section 1011(a) of this Act._________________________________________________________________________________________________SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTIONRATES FOR MILITARY INTELLIGENCE OFFICERS._________________________________________________________________________________________________
    • Subtitle I--Other MattersSEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FORMILITARY INTELLIGENCE OFFICERS.(a) Study.--The Secretary of Defense shall conduct a studyof the promotion selection rates, and the selection rates forattendance at professional military education schools, ofintelligence officers of the Armed Forces, particularly incomparison to the rates for other officers of the same ArmedForce who are in the same grade and competitive category.(b) Report.--The Secretary shall submit to the Committeeson Armed Services of the Senate and House of Representatives areport providing the Secretarys findings resulting from thestudy under subsection (a) and the Secretarys recommendations(if any) for such changes in law as the Secretary considersneeded to ensure that intelligence officers, as a group, areselected for promotion, and for attendance at professionalmilitary education schools, at rates not less than the ratesfor all line (or the equivalent) officers of the same ArmedForce (both in the zone and below the zone) in the same grade.The report shall be submitted not later than April 1, 2005._________________________________________________________________________________________________SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTERESTDECLASSIFICATION BOARD._________________________________________________________________________________________________(a) Direction.--Section 703(a) of the Public InterestDeclassification Act of 2000 (title VII of Public Law 106-567;114 Stat. 2856; 50 U.S.C. 435 note) is amended--(1) by inserting ``(1) after ``Establishment.--; and(2) by adding at the end the following newparagraph:``(2) The Board shall report directly to the President or,upon designation by the President, the Vice President, theAttorney General, or other designee of the President. The otherdesignee of the President under this paragraph may not be anagency head or official authorized to classify informationunder Executive Order 12958, or any successor order..(b) Purposes.--Section 703(b) of that Act (114 Stat. 2856)is amended by adding at the end the following new paragraph:``(5) To review and make recommendations to thePresident in a timely manner with respect to anycongressional request, made by the committee ofjurisdiction, to declassify certain records or toreconsider a declination to declassify specificrecords..(c) Recommendations on Special Searches.--Section704(c)(2)(A) of that Act (114 Stat. 2860) is amended byinserting before the period the following: ``, and alsoincluding specific requests for the declassification of certainrecords or for the reconsideration of declinations todeclassify specific records.(d) Declassification Reviews.--Section 704 of that Act (114Stat. 2859) is further amended by adding at the end thefollowing new subsection:``(e) Declassification Reviews.--If requested by thePresident, the Board shall review in a timely manner certainrecords or declinations to declassify specific records, thedeclassification of which has been the subject of specificcongressional request described in section 703(b)(5)..(e) Notification of Review.--Section 706 of that Act (114Stat. 2861) is amended by adding at the end the following newsubsection:``(f) Notification of Review.--In response to a specificcongressional request for declassification review described insection 703(b)(5), the Board shall advise the originators ofthe request in a timely manner whether the Board intends toconduct such review..(f) Extension.--Section 710(b) of that Act (114 Stat. 2864)is amended by striking ``4 years and inserting ``8 years._________________________________________________________________________________________________
    • SEC. 1103. SEVERABILITY._________________________________________________________________________________________________If any provision of this Act, or an amendment made by thisAct, or the application of such provision to any person orcircumstance is held invalid, the remainder of this Act, or theapplication of such provision to persons or circumstances otherthan those to which such provision is held invalid shall not beaffected thereby._________________________________________________________________________________________________SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OFINVESTIGATION._________________________________________________________________________________________________TITLE II--FEDERAL BUREAU OF INVESTIGATIONSEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.(a) Findings.--Congress makes the following findings:(1) The National Commission on Terrorist AttacksUpon the United States in its final report stated that,under Director Robert Mueller, the Federal Bureau ofInvestigation has made significant progress inimproving its intelligence capabilities.(2) In the report, the members of the Commissionalso urged that the Federal Bureau of Investigationfully institutionalize the shift of the Bureau to apreventive counterterrorism posture.(b) Improvement of Intelligence Capabilities.--The Directorof the Federal Bureau of Investigation shall continue effortsto improve the intelligence capabilities of the Federal Bureauof Investigation and to develop and maintain within the Bureaua national intelligence workforce.(c) National Intelligence Workforce.--(1) In developing andmaintaining a national intelligence workforce under subsection(b), the Director of the Federal Bureau of Investigation shall,develop and maintain a specialized and integrated nationalintelligence workforce consisting of agents, analysts,linguists, and surveillance specialists who are recruited,trained, and rewarded in a manner which ensures the existencewithin the Federal Bureau of Investigation an institutionalculture with substantial expertise in, and commitment to, theintelligence mission of the Bureau.(2) Each agent employed by the Bureau after the date of theenactment of this Act shall receive basic training in bothcriminal justice matters and national intelligence matters.(3) Each agent employed by the Bureau after the date of theenactment of this Act shall, to the maximum extent practicable,be given the opportunity to undergo, during such agents earlyservice with the Bureau, meaningful assignments in criminaljustice matters and in national intelligence matters.(4) The Director shall--(A) establish career positions in nationalintelligence matters for agents, analysts, and relatedpersonnel of the Bureau; and(B) in furtherance of the requirement undersubparagraph (A) and to the maximum extent practicable,afford agents, analysts, and related personnel of theBureau the opportunity to work in the career specialtyselected by such agents, analysts, and relatedpersonnel over their entire career with the Bureau.(5) The Director shall carry out a program to enhance thecapacity of the Bureau to recruit and retain individuals withbackgrounds in intelligence, international relations, language,technology, and other skills relevant to the intelligencemission of the Bureau.(6) The Director shall, to the maximum extent practicable,afford the analysts of the Bureau training and careeropportunities commensurate with the training and careeropportunities afforded analysts in other elements of theintelligence community.(7) Commencing as soon as practicable after the date of theenactment of this Act, each direct supervisor of a FieldIntelligence 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 trainingcourses, and of one or more assignments to another element ofthe intelligence community, is a precondition to advancement tohigher level intelligence assignments within the Bureau.(d) Field Office Matters.--(1) In improving theintelligence capabilities of the Federal Bureau ofInvestigation under subsection (b), the Director of the FederalBureau of Investigation shall ensure that each FieldIntelligence Group reports directly to a field office seniormanager responsible for intelligence matters.(2) The Director shall provide for such expansion of thesecure facilities in the field offices of the Bureau as isnecessary to ensure the discharge by the field offices of theintelligence mission of the Bureau.(3) The Director shall require that each Field IntelligenceGroup manager ensures the integration of analysts, agents,linguists, and surveillance personnel in the field.(e) Discharge of Improvements.--(1) The Director of theFederal Bureau of Investigation shall carry out subsections (b)through (d) through the head of the Directorate of Intelligenceof the Federal Bureau of Investigation.(2) The Director of the Federal Bureau of Investigationshall carry out subsections (b) through (d) under the jointguidance of the Attorney General and the National IntelligenceDirector in a manner consistent with section 112(e).(f) Budget Matters.--The Director of the Federal Bureau ofInvestigation shall, establish a budget structure of theFederal Bureau of Investigation to reflect the four principalmissions of the Bureau as follows:(1) Intelligence.(2) Counterterrorism and counterintelligence.(3) Criminal Enterprises/Federal Crimes.(4) Criminal justice services.(g) Reports.--(1) Not later than 180 days after the date ofthe enactment of this Act, the Director of the Federal Bureauof Investigation shall submit to Congress a report on theprogress made as of the date of such report in carrying out therequirements of this section.(2) The Director shall include in each annual programreview of the Federal Bureau of Investigation that is submittedto Congress a report on the progress made by each field officeof the Bureau during the period covered by such review inaddressing Bureau and national program priorities.(3) Not later than 180 days after the date of the enactmentof this Act, and every 12 months thereafter, the Director shallsubmit to Congress a report assessing the qualifications,status, and roles of analysts at Bureau headquarters and in thefield offices of the Bureau.(4) Not later than 180 days after the date of the enactmentof this Act, and every 12 months thereafter, the Director shallsubmit to Congress a report on the progress of the Bureau inimplementing information-sharing principles._________________________________________________________________________________________________SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION._________________________________________________________________________________________________(a) Directorate of Intelligence of Federal Bureau ofInvestigation.--The element of the Federal Bureau ofInvestigation known as of the date of the enactment of this Actas the Office of Intelligence is hereby redesignated as theDirectorate of Intelligence of the Federal Bureau ofInvestigation.(b) Head of Directorate.--The head of the Directorate ofIntelligence shall be the Executive Assistant Director forIntelligence of the Federal Bureau of Investigation.(c) Responsibilities.--The Directorate of Intelligenceshall be responsible for the following:(1) Supervision of all national intelligenceprograms, projects, and activities of the Bureau.
    • (2) The discharge by the Bureau of the requirementsin section 105B of the National Security Act of 1947(50 U.S.C. 403-5b).(3) The oversight of Bureau field intelligenceoperations.(4) Coordinating human source development andmanagement by the Bureau.(5) Coordinating collection by the Bureau againstnationally-determined intelligence requirements.(6) Strategic analysis.(7) Intelligence program and budget management.(8) The intelligence workforce.(9) Any other responsibilities specified by theDirector of the Federal Bureau of Investigation orspecified by law.(d) Staff.--The Directorate of Intelligence shall consistof such staff as the Director of the Federal Bureau ofInvestigation considers appropriate for the activities of theDirectorate._________________________________________________________________________________________________SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE._________________________________________________________________________________________________(a) Establishment of Federal Bureau of InvestigationIntelligence Career Service.--The Director of the FederalBureau of Investigation may--(1) in consultation with the Director of the Officeof Personnel Management--(A) establish positions for intelligenceanalysts, and prescribe standards andprocedures for establishing and classifyingsuch positions, without regard to chapter 51 oftitle 5, United States Code; and(B) fix the rate of basic pay for suchpositions, without regard to subchapter III ofchapter 53 of title 5, United States Code, ifthe rate of pay is not greater than the rate ofbasic pay payable for level IV of the ExecutiveSchedule;(2) appoint individuals to such positions; and(3) establish a performance management system forsuch individuals with at least one level of performanceabove a retention standard.(b) Reporting Requirement.--Not less than 60 days beforethe date of the implementation of authorities authorized underthis section, the Director of the Federal Bureau ofInvestigation shall submit an operating plan describing theDirectors intended use of the authorities under this sectionto the appropriate committees of Congress.(c) Annual Report.--Not later than December 31, 2005, andannually thereafter for 4 years, the Director of the FederalBureau of Investigation shall submit an annual report of theuse of the permanent authorities provided under this sectionduring the preceding fiscal year to the appropriate committeesof Congress.(d) Appropriate Committees of Congress Defined.--In thissection, the term ``appropriate committees of Congressmeans--(1) the Committees on Appropriations, HomelandSecurity and Governmental Affairs, and the Judiciaryand the Select Committee on Intelligence of the Senate;and(2) the Committees on Appropriations, GovernmentReform, and the Judiciary and the Permanent SelectCommittee on Intelligence of the House ofRepresentatives._________________________________________________________________________________________________SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE._________________________________________________________________________________________________
    • (a) In General.--Chapter 35 of title 5, United States Code,is amended by adding at the end the following:``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THEFEDERAL BUREAU OF INVESTIGATION``Sec. 3598. Federal Bureau of Investigation Reserve Service``(a) Establishment.--The Director of the Federal Bureau ofInvestigation may provide for the establishment and training ofa Federal Bureau of Investigation Reserve Service (hereinafterin this section referred to as the `FBI Reserve Service) fortemporary reemployment of employees in the Bureau duringperiods of emergency, as determined by the Director.``(b) Membership.--Membership in the FBI Reserve Serviceshall be limited to individuals who previously served as fulltimeemployees of the Bureau.``(c) Annuitants.--If an individual receiving an annuityfrom the Civil Service Retirement and Disability Fund on thebasis of such individuals service becomes temporarilyreemployed pursuant to this section, such annuity shall not bediscontinued thereby. An individual so reemployed shall not beconsidered an employee for the purposes of chapter 83 or 84.``(d) No Impact on Bureau Personnel Ceiling.--FBI ReserveService members reemployed on a temporary basis pursuant tothis section shall not count against any personnel ceilingapplicable to the Bureau.``(e) Expenses.--The Director may provide members of theFBI Reserve Service transportation and per diem in lieu ofsubsistence, in accordance with applicable provisions of thistitle, for the purpose of participating in any training thatrelates to service as a member of the FBI Reserve Service.``(f) Limitation on Membership.--Membership of the FBIReserve Service is not to exceed 500 members at any given time.``(g) Limitation on Duration of Service.--An individual maynot be reemployed under this section for more than 180 days inconnection with any particular emergency unless, in thejudgment of the Director, the public interest so requires..(b) Clerical Amendment.--The analysis for chapter 35 oftitle 5, United States Code, is amended by adding at the endthe following:``SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THEFEDERAL BUREAU OF INVESTIGATION``3598. Federal Bureau of Investigation Reserve Service.._________________________________________________________________________________________________SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE._________________________________________________________________________________________________(a) Civil Service Retirement System.--Section 8335(b) oftitle 5, United States Code, is amended--(1) by striking ``(b) and inserting ``(b)(1);and(2) by adding at the end the following:``(2) In the case of employees of the FederalBureau of Investigation, the second sentence ofparagraph (1) shall be applied by substituting `65years of age for `60 years of age. The Federal Bureauof Investigation may not grant more than 50 exemptionsin any fiscal year in accordance with the precedingsentence, and the authority to grant such exemptionsshall cease to be available after September 30,2007..(b) Federal Employees Retirement System.--Section 8425(b)of title 5, United States Code, is amended--(1) by striking ``(b) and inserting ``(b)(1);and(2) by adding at the end the following:``(2) In the case of employees of the FederalBureau of Investigation, the second sentence ofparagraph (1) shall be applied by substituting `65years of age for `60 years of age. The Federal Bureauof Investigation may not grant more than 50 exemptionsin any fiscal year in accordance with the precedingsentence, and the authority to grant such exemptionsshall cease to be available after September 30,
    • 2007.._________________________________________________________________________________________________SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS._________________________________________________________________________________________________Not later than 30 days after the date of the enactment ofthis Act, and annually thereafter, the Attorney General of theUnited States shall submit to the Committee on the Judiciary ofthe Senate and the Committee on the Judiciary of the House ofRepresentatives a report that contains, with respect to eachpreceding 12-month period--(1) the number of translators employed, orcontracted for, by the Federal Bureau of Investigationor other components of the Department of Justice;(2) any legal or practical impediments to usingtranslators employed by the Federal, State, or localagencies on a full-time, part-time, or shared basis;(3) the needs of the Federal Bureau ofInvestigation for the specific translation services incertain languages, and recommendations for meetingthose needs;(4) the status of any automated statisticalreporting system, including implementation and futureviability;(5) the storage capabilities of the digitalcollection system or systems utilized;(6) a description of the establishment andcompliance with audio retention policies that satisfythe investigative and intelligence goals of the FederalBureau of Investigation; and(7) a description of the implementation of qualitycontrol procedures and mechanisms for monitoringcompliance with quality control procedures._________________________________________________________________________________________________SEC. 3001. SECURITY CLEARANCES._________________________________________________________________________________________________TITLE III--SECURITY CLEARANCESSEC. 3001. SECURITY CLEARANCES.(a) Definitions.--In this section:(1) The term ``agency means--(A) an executive agency (as that term isdefined in section 105 of title 5, UnitedStates Code);(B) a military department (as that term isdefined in section 102 of title 5, UnitedStates Code); and(C) an element of the intelligencecommunity.(2) The term ``authorized investigative agencymeans an agency designated by the head of the agencyselected pursuant to subsection (b) to conduct acounterintelligence investigation or investigation ofpersons who are proposed for access to classifiedinformation to ascertain whether such persons satisfythe criteria for obtaining and retaining access to suchinformation.(3) The term ``authorized adjudicative agencymeans an agency authorized by law, regulation, ordirection of the Director of National Intelligence todetermine eligibility for access to classifiedinformation in accordance with Executive Order 12968.(4) The term ``highly sensitive program means--(A) a government program designated as aSpecial Access Program (as that term is definedin section 4.1(h) of Executive Order 12958 orany successor Executive order); or(B) a government program that appliesrestrictions required for--(i) restricted data (as that term
    • is defined in section 11 y. of theAtomic Energy Act of 1954 (42 U.S.C.2014(y)); or(ii) other information commonlyreferred to as ``sensitivecompartmented information.(5) The term ``current investigation file means,with respect to a security clearance, a file on aninvestigation or adjudication that has been conductedduring--(A) the 5-year period beginning on the datethe security clearance was granted, in the caseof a Top Secret Clearance, or the date accesswas granted to a highly sensitive program;(B) the 10-year period beginning on thedate the security clearance was granted in thecase of a Secret Clearance; and(C) the 15-year period beginning on thedate the security clearance was granted in thecase of a Confidential Clearance.(6) The term ``personnel security investigationmeans any investigation required for the purpose ofdetermining the eligibility of any military, civilian,or government contractor personnel to access classifiedinformation.(7) The term ``periodic reinvestigations meansinvestigations conducted for the purpose of updating apreviously completed background investigation--(A) every 5 years in the case of a topsecret clearance or access to a highlysensitive program;(B) every 10 years in the case of a secretclearance; or(C) every 15 years in the case of aConfidential Clearance.(8) The term ``appropriate committees of Congressmeans--(A) the Permanent Select Committee onIntelligence and the Committees on ArmedServices, Homeland Security, Government Reform,and the Judiciary of the House ofRepresentatives; and(B) the Select Committee on Intelligenceand the Committees on Armed Services, HomelandSecurity and Governmental Affairs, and theJudiciary of the Senate.(b) Selection of Entity.--Not later than 90 days after thedate of the enactment of this Act, the President shall select asingle department, agency, or element of the executive branchto be responsible for--(1) directing day-to-day oversight ofinvestigations and adjudications for personnel securityclearances, including for highly sensitive programs,throughout the United States Government;(2) developing and implementing uniform andconsistent policies and procedures to ensure theeffective, efficient, and timely completion of securityclearances and determinations for access to highlysensitive programs, including the standardization ofsecurity questionnaires, financial disclosurerequirements for security clearance applicants, andpolygraph policies and procedures;(3) serving as the final authority to designate anauthorized investigative agency or authorizedadjudicative agency;(4) ensuring reciprocal recognition of access toclassified information among the agencies of the UnitedStates Government, including acting as the finalauthority to arbitrate and resolve disputes involvingthe reciprocity of security clearances and access tohighly sensitive programs pursuant to subsection (d);(5) ensuring, to the maximum extent practicable,that sufficient resources are available in each agency
    • to achieve clearance and investigative program goals;and(6) reviewing and coordinating the development oftools and techniques for enhancing the conduct ofinvestigations and granting of clearances.(c) Performance of Security Clearance Investigations.--(1)Notwithstanding any other provision of law, not later than 180days after the date of the enactment of this Act, the Presidentshall, in consultation with the head of the entity selectedpursuant to subsection (b), select a single agency of theexecutive branch to conduct, to the maximum extent practicable,security clearance investigations of employees and contractorpersonnel of the United States Government who require access toclassified information and to provide and maintain all securityclearances of such employees and contractor personnel. The headof the entity selected pursuant to subsection (b) may designateother agencies to conduct such investigations if the head ofthe entity selected pursuant to subsection (b) considers itappropriate for national security and efficiency purposes.(2) The agency selected under paragraph (1) shall--(A) take all necessary actions to carry out therequirements of this section, including entering into amemorandum of understanding with any agency carryingout responsibilities relating to security clearances orsecurity clearance investigations before the date ofthe enactment of this Act;(B) as soon as practicable, integrate reporting ofsecurity clearance applications, security clearanceinvestigations, and determinations of eligibility forsecurity clearances, with the database required bysubsection (e); and(C) ensure that security clearance investigationsare conducted in accordance with uniform standards andrequirements established under subsection (b),including uniform security questionnaires and financialdisclosure requirements.(d) Reciprocity of Security Clearance and AccessDeterminations.--(1) All security clearance backgroundinvestigations and determinations completed by an authorizedinvestigative agency or authorized adjudicative agency shall beaccepted by all agencies.(2) All security clearance background investigationsinitiated by an authorized investigative agency shall betransferable to any other authorized investigative agency.(3)(A) An authorized investigative agency or authorizedadjudicative agency may not establish additional investigativeor adjudicative requirements (other than requirements for theconduct of apolygraph examination) that exceed requirementsspecified in Executive Orders establishing security requirements foraccess to classified information without the approval of the head ofthe entity selected pursuant to subsection (b).(B) Notwithstanding subparagraph (A), the head of theentity selected pursuant to subsection (b) may establish suchadditional requirements as the head of such entity considersnecessary for national security purposes.(4) An authorized investigative agency or authorizedadjudicative agency may not conduct an investigation forpurposes of determining whether to grant a security clearanceto an individual where a current investigation or clearance ofequal level already exists or has been granted by anotherauthorized adjudicative agency.(5) The head of the entity selected pursuant to subsection(b) may disallow the reciprocal recognition of an individualsecurity clearance by an agency under this section on a caseby-case basis if the head of the entity selected pursuant tosubsection (b) determines that such action is necessary fornational security purposes.(6) The head of the entity selected pursuant to subsection(b) shall establish a review procedure by which agencies canseek review of actions required under this section.(e) Database on Security Clearances.--(1) Not later than 12months after the date of the enactment of this Act, theDirector of the Office of Personnel Management shall, in
    • cooperation with the heads of the entities selected pursuant tosubsections (b) and (c), establish and commence operating andmaintaining an integrated, secure, database into whichappropriate data relevant to the granting, denial, orrevocation of a security clearance or access pertaining tomilitary, civilian, or government contractor personnel shall beentered from all authorized investigative and adjudicativeagencies.(2) The database under this subsection shall function tointegrate information from existing Federal clearance trackingsystems from other authorized investigative and adjudicativeagencies into a single consolidated database.(3) Each authorized investigative or adjudicative agencyshall check the database under this subsection to determinewhether an individual the agency has identified as requiring asecurity clearance has already been granted or denied asecurity clearance, or has had a security clearance revoked, byany other authorized investigative or adjudicative agency.(4) The head of the entity selected pursuant to subsection(b) shall evaluate the extent to which an agency is submittinginformation to, and requesting information from, the databaseunder this subsection as part of a determination of whether tocertify the agency as an authorized investigative agency orauthorized adjudicative agency.(5) The head of the entity selected pursuant to subsection(b) may authorize an agency to withhold information aboutcertain individuals from the database under this subsection ifthe head of the entity considers it necessary for nationalsecurity purposes.(f) Evaluation of Use of Available Technology in ClearanceInvestigations and Adjudications.--(1) The head of the entityselected pursuant to subsection (b) shall evaluate the use ofavailable information technology and databases to expediteinvestigative and adjudicative processes for all and to verifystandard information submitted as part of an application for asecurity clearance.(2) The evaluation shall assess the application of thetechnologies described in paragraph (1) for--(A) granting interim clearances to applicants atthe secret, top secret, and special access programlevels before the completion of the appropriate fullinvestigation;(B) expediting investigations and adjudications ofsecurity clearances, including verification ofinformation submitted by the applicant;(C) ongoing verification of suitability ofpersonnel with security clearances in effect forcontinued access to classified information;(D) use of such technologies to augment periodicreinvestigations;(E) assessing the impact of the use of suchtechnologies on the rights of applicants to verify,correct, or challenge information obtained through suchtechnologies; and(F) such other purposes as the head of the entityselected pursuant to subsection (b) considersappropriate.(3) An individual subject to verification utilizing thetechnology described in paragraph (1) shall be notified of suchverification, shall provide consent to such use, and shall haveaccess to data being verified in order to correct errors orchallenge information the individual believes is incorrect.(4) Not later than one year after the date of the enactmentof this Act, the head of the entity selected pursuant tosubsection (b) shall submit to the President and theappropriate committees of Congress a report on the results ofthe evaluation, including recommendations on the use oftechnologies described in paragraph (1).(g) Reduction in Length of Personnel Security ClearanceProcess.--(1) The head of the entity selected pursuant tosubsection (b) shall, within 90 days of selection under thatsubsection, develop, in consultation with the appropriatecommittees of Congress and each authorized adjudicative agency,
    • a plan to reduce the length of the personnel security clearanceprocess.(2)(A) To the extent practical the plan under paragraph (1)shall require that each authorized adjudicative agency make adetermination on at least 90 percent of all applications for apersonnel security clearance within an average of 60 days afterthe date of receipt of the completed application for a securityclearance by an authorized investigative agency. Such 60-dayaverage period shall include--(i) a period of not longer than 40 days to completethe investigative phase of the clearance review; and(ii) a period of not longer than 20 days tocomplete the adjudicative phase of the clearancereview.(B) Determinations on clearances not made within 60 daysshall be made without delay.(3)(A) The plan under paragraph (1) shall take effect 5years after the date of the enactment of this Act.(B) During the period beginning on a date not later than 2years after the date after the enactment of this Act and endingon the date on which the plan under paragraph (1) takes effect,each authorized adjudicative agency shall make a determinationon at least 80 percent of all applications for a personnelsecurity clearance pursuant to this section within an averageof 120 days after the date of receipt of the application for asecurity clearance by an authorized investigative agency. Such120-day average period shall include--(i) a period of not longer than 90 days to completethe investigative phase of the clearance review; and(ii) a period of not longer than 30 days tocomplete the adjudicative phase of the clearancereview.(h) Reports.--(1) Not later than February 15, 2006, andannually thereafter through 2011, the head of the entityselected pursuant to subsection (b) shall submit to theappropriate committees of Congress a report on the progressmade during the preceding year toward meeting the requirementsof this section.(2) Each report shall include, for the period covered bysuch report--(A) the periods of time required by the authorizedinvestigative agencies and authorized adjudicativeagencies for conducting investigations, adjudicatingcases, and granting clearances, from date of submissionto ultimate disposition and notification to the subjectand the subjects employer;(B) a discussion of any impediments to the smoothand timely functioning of the requirements of thissection; and(C) such other information or recommendations asthe head of the entity selected pursuant to subsection(b) considers appropriate.(i) Authorization of Appropriations.--There is authorizedto be appropriated such sums as may be necessary for fiscalyear 2005 and each fiscal year thereafter for theimplementation, maintenance, and operation of the databaserequired by subsection (e)._________________________________________________________________________________________________SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY._________________________________________________________________________________________________TITLE IV--TRANSPORTATION SECURITYSubtitle A--National Strategy for Transportation SecuritySEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.(a) In General.--Section 114 of title 49, United StatesCode, is amended by adding at the end the following:``(t) Transportation Security Strategic Planning.--``(1) In general.--The Secretary of HomelandSecurity shall develop, prepare, implement, and update,as needed--``(A) a National Strategy forTransportation Security; and
    • ``(B) transportation modal security plans.``(2) Role of secretary of transportation.--TheSecretary of Homeland Security shall work jointly withthe Secretary of Transportation in developing,revising, and updating the documents required byparagraph (1).``(3) of national strategy fortransportation security.--The National Strategy forTransportation Security shall include the following:``(A) An identification and evaluation ofthe transportation assets in the United Statesthat, in the interests of national security andcommerce, must be protected from attack ordisruption by terrorist or other hostileforces, including modal security plans foraviation, bridge and tunnel, commuter rail andferry, highway, maritime, pipeline, rail, masstransit, over-the-road bus, and other publictransportation infrastructure assets that couldbe at risk of such an attack or disruption.``(B) The development of risk-basedpriorities across all transportation modes andrealistic deadlines for addressing securityneeds associated with those assets referred toin subparagraph (A).``(C) The most appropriate, practical, andcost-effective means of defending those assetsagainst threats to their security.``(D) A forward-looking strategic plan thatsets forth the agreed upon roles and missionsof Federal, state, regional, and localauthorities and establishes mechanisms forencouraging private sector cooperation andparticipation in the implementation of suchplan.``(E) A comprehensive delineation ofresponse and recovery responsibilities andissues regarding threatened and executed actsof terrorism within the United States.``(F) A prioritization of research anddevelopment objectives that supporttransportation security needs, giving a higherpriority to research and development directedtoward protecting vital transportation assets.``(4) Submissions of plans to congress.--``(A) Initial strategy.--The Secretary ofHomeland Security shall submit the NationalStrategy for Transportation Security, includingthe transportation modal security plans,developed under this subsection to theappropriate congressional committees not laterthan April 1, 2005.``(B) Subsequent versions.--After December31, 2005, the Secretary of Homeland Securityshall submit the National Strategy forTransportation Security, including thetransportation modal security plans and anyrevisions to the National Strategy forTransportation Security and the transportationmodal security plans, to appropriatecongressional committees not less frequentlythan April 1 of each even-numbered year.``(C) Periodic progress report.--``(i) Requirement for report.--Eachyear, in conjunction with thesubmission of the budget to Congressunder section 1105(a) of title 31,United States Code, the Secretary ofHomeland Security shall submit to theappropriate congressional committees anassessment of the progress made onimplementing the National Strategy forTransportation Security.
    • ``(ii) Content.--Each progressreport under this subparagraph shallinclude, at a minimum, recommendationsfor improving and implementing theNational Strategy for TransportationSecurity and the transportation modalsecurity plans that the Secretary, inconsultation with the Secretary ofTransportation, considers appropriate.``(D) Classified material.--Any part of theNational Strategy for Transportation Securityor the transportation modal security plans thatinvolve information that is properly classifiedunder criteria established by Executive ordershall be submitted to the appropriatecongressional committees separately in aclassified format.``(E) Appropriate congressional committeesdefined.--In this subsection, the term``appropriate congressional committees meansthe Committee on Transportation andInfrastructure and the Select Committee onHomeland Security of the House ofRepresentatives and the Committee on Commerce,Science, and Transportation and the Committeeon Homeland Security and Governmental Affairsof the Senate.``(5) Priority Status.--``(A) In general.--The National Strategyfor Transportation Security shall be thegoverning document for Federal transportationsecurity efforts.``(B) Other plans and reports.--TheNational Strategy for Transportation Securityshall include, as an integral part or as anappendix--``(i) the current National MaritimeTransportation Security Plan undersection 70103 of title 46;``(ii) the report required bysection 44938 of this title;``(iii) transportation modalsecurity plans required under thissection; and``(iv) any other transportationsecurity plan or report that theSecretary of Homeland Securitydetermines appropriate forinclusion..(b) Aviation Security Planning; Operational Criteria.--Section 44904 of title 49, United States Code, is amended--(1) by redesignating subsection (c) as subsection(e); and(2) by inserting after subsection (b) thefollowing:``(c) Modal Security Plan for Aviation.--In addition to therequirements set forth in subparagraphs (B) through (F) ofsection 114(t)(3), the modal security plan for aviationprepared under section 114(t) shall--``(1) establish a damage mitigation and recoveryplan for the aviation system in the event of aterrorist attack; and``(2) include a threat matrix document thatoutlines each threat to the United States civilaviation system and the corresponding layers ofsecurity in place to address such threat.``(d) Operational Criteria.--Not later than 90 days afterthe date of the submission of the National Strategy forTransportationSecurity under section 114(t)(4)(A), theAssistant Secretary of Homeland Security (Transportation SecurityAdministration) shall issue operational criteria to protect airportinfrastructure and operations against the threats identified in theplans prepared under section 114(t)(1) and shall approve best practices
    • guidelines for airport assets.._________________________________________________________________________________________________SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY._________________________________________________________________________________________________Subtitle B--Aviation Security(a) Use of Biometric Identifier Technology.--Section44903(h) of title 49, United States Code, is amended--(1) in paragraph (4)(E) by striking ``may providefor and inserting ``shall issue, not later than March31, 2005, guidance for; and(2) by adding at the end the following:``(5) Use of biometric technology in airport accesscontrol systems.--In issuing guidance under paragraph(4)(E), the Assistant Secretary of Homeland Security(Transportation Security Administration) inconsultation with representatives of the aviationindustry, the biometric identifier industry, and theNational Institute of Standards and Technology, shallestablish, at a minimum--``(A) comprehensive technical andoperational system requirements and performancestandards for the use of biometric identifiertechnology in airport access control systems(including airport perimeter access controlsystems) to ensure that the biometricidentifier systems are effective, reliable, andsecure;``(B) a list of products and vendors thatmeet the requirements and standards set forthin subparagraph (A);``(C) procedures for implementing biometricidentifier systems--``(i) to ensure that individuals donot use an assumed identity to enrollin a biometric identifier system; and``(ii) to resolve failures toenroll, false matches, and false nonmatches;and``(D) best practices for incorporatingbiometric identifier technology into airportaccess control systems in the most effectivemanner, including a process to best utilizeexisting airport access control systems,facilities, and equipment and existing datanetworks connecting airports.``(6) Use of biometric technology for lawenforcement officer travel.--``(A) In general.--Not later than 120 daysafter the date of enactment of this paragraph,the Assistant Secretary, in consultation withthe Attorney General, shall--``(i) establish a law enforcementofficer travel credential thatincorporates biometric identifiertechnology and is uniform across allFederal, State, local, tribal, andterritorial government law enforcementagencies;``(ii) establish a process by whichthe travel credential will be used toverify the identity of a Federal,State, local, tribal, or territoriallaw enforcement officer seeking tocarry a weapon on board an aircraft,without unnecessarily disclosing to thepublic that the individual is a lawenforcement officer;``(iii) establish procedures--``(I) to ensure that onlyFederal, State, local, tribal,and territorial government law
    • enforcement officers are issueda law enforcement travelcredential;``(II) to resolve failuresto enroll, false matches, andfalse non-matches relating touse of the law enforcementtravel credential; and``(III) to invalidate anylaw enforcement travelcredential that is lost,stolen, or no longer authorizedfor use;``(iv) begin issuance of the travelcredential to each Federal, State,local, tribal, or territorialgovernment law enforcement officerauthorized by the Assistant Secretaryto carry a weapon on board an aircraft;and``(v) take such other actions withrespect to the travel credential as theAssistant Secretary considersappropriate.``(B) Funding.--There is authorized to beappropriated such sums as may be necessary tocarry out this paragraph.``(7) Definitions.--In this subsection, thefollowing definitions apply:``(A) Biometric identifier information.--The term `biometric identifier informationmeans the distinct physical or behavioralcharacteristics of an individual that are usedfor unique identification, or verification ofthe identity, of an individual.``(B) Biometric identifier.--The term`biometric identifier means a technology thatenables the automated identification, orverification of the identity, of an individualbased on biometric information.``(C) Failure to enroll.--The term `failureto enroll means the inability of an individualto enroll in a biometric identifier system dueto an insufficiently distinctive biometricsample, the lack of a body part necessary toprovide the biometric sample, a system designthat makes it difficult to provide consistentbiometric identifier information, or otherfactors.``(D) False match.--The term `false matchmeans the incorrect matching of oneindividuals biometric identifier informationto another individuals biometric identifierinformation by a biometric identifier system.``(E) False non-match.--The term `falsenon-match means the rejection of a valididentity by a biometric identifier system.``(F) Secure area of an airport.--The term`secure area of an airport means the sterilearea and the Secure Identification Display Areaof an airport (as such terms are defined insection 1540.5 of title 49, Code of FederalRegulations, or any successor regulation tosuch section)..(b) Aviation Security Research and Development.--There isauthorized to be appropriated to the Secretary of HomelandSecurity for the use of the Transportation SecurityAdministration $20,000,000, in addition to any amountsotherwise authorized by law, for research and development ofadvanced biometric technology applications to aviationsecurity, including mass identification technology.(c) Sense of Congress on Transfer of Technology.--It is thesense of Congress that the national intelligence community and
    • the Department of Homeland Security should share information onand technological advancements to biometric systems, biometrictechnology, and biometric identifier systems obtained throughresearch and development programs conducted by various Federalagencies.(d) Biometric Center of Excellence.--There is authorized tobe appropriated $1,000,000, in addition to any amountsotherwise authorized by law, for the establishment of acompetitive center of excellence that will develop and expeditethe Federal Governments use of biometric identifiers._________________________________________________________________________________________________SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING._________________________________________________________________________________________________(a) In General.--(1) Domestic flights.--Section 44903(j)(2) of title49, United States Code, is amended by adding at the endthe following:``(C) Advanced airline passengerprescreening.--``(i) Commencement of testing.--Notlater than January 1, 2005, theAssistant Secretary of HomelandSecurity (Transportation SecurityAdministration), or the designee of theAssistant Secretary, shall commencetesting of an advanced passengerprescreening system that will allow theDepartment of Homeland Security toassume the performance of comparingpassenger information, as defined bythe Assistant Secretary, to theautomatic selectee and no fly lists,utilizing all appropriate records inthe consolidated and integratedterrorist watchlist maintained by theFederal Government.``(ii) Assumption of function.--Notlater than 180 days after completion oftesting under clause (i), the AssistantSecretary, or the designee of theAssistant Secretary, shall begin toassume the performance of the passengerprescreening function of comparingpassenger information to the automaticselectee and no fly lists and utilizeall appropriate records in theconsolidated and integrated terroristwatchlist maintained by the FederalGovernment in performing that function.``(iii) Requirements.--In assumingperformance of the function underclause (ii), the Assistant Secretaryshall--``(I) establish a procedureto enable airline passengers,who are delayed or prohibitedfrom boarding a flight becausethe advanced passengerprescreening system determinedthat they might pose a securitythreat, to appeal suchdetermination and correctinformation contained in thesystem;``(II) ensure that FederalGovernment databases that willbe used to establish theidentity of a passenger underthe system will not produce alarge number of falsepositives;
    • ``(III) establish aninternal oversight board tooversee and monitor the mannerin which the system is beingimplemented;``(IV) establish sufficientoperational safeguards toreduce the opportunities forabuse;``(V) implement substantialsecurity measures to protectthe system from unauthorizedaccess;``(VI) adopt policiesestablishing effectiveoversight of the use andoperation of the system; and``(VII) ensure that thereare no specific privacyconcerns with the technologicalarchitecture of the system.``(iv) Passenger information.--Notlater than 180 days after thecompletion of the testing of theadvanced passenger prescreening system,the Assistant Secretary, by order orinterim final rule--``(I) shall require aircarriers to supply to theAssistant Secretary thepassenger information needed tobegin implementing the advancedpassenger prescreening system;and``(II) shall requireentities that provide systemsand services to air carriers inthe operation of air carrierreservations systems to provideto air carriers passengerinformation in possession ofsuch entities, but only to theextent necessary to comply withsubclause (I).``(D) Screening of employees againstwatchlist.--The Assistant Secretary of HomelandSecurity (Transportation SecurityAdministration), in coordination with theSecretary of Transportation and theAdministrator of the Federal AviationAdministration, shall ensure that individualsare screened against all appropriate records inthe consolidated and integrated terroristwatchlist maintained by the Federal Governmentbefore--``(i) being certificated by theFederal Aviation Administration;``(ii) being granted unescortedaccess to the secure area of anairport; or``(iii) being granted unescortedaccess to the air operations area (asdefined in section 1540.5 of title 49,Code of Federal Regulations, or anysuccessor regulation to such section)of an airport.``(E) Aircraft charter customer and lesseeprescreening.--``(i) In general.--Not later than90 days after the date on which theAssistant Secretary assumes theperformance of the advanced passengerprescreening function under
    • subparagraph (C)(ii), the AssistantSecretary shall establish a process bywhich operators of aircraft to be usedin charter air transportation with amaximum takeoff weight greater than12,500 pounds and lessors of aircraftwith a maximum takeoff weight greaterthan 12,500 pounds may--``(I) request theDepartment of Homeland Securityto use the advanced passengerprescreening system to compareinformation about anyindividual seeking to charteran aircraft with a maximumtakeoff weight greater than12,500 pounds, any passengerproposed to be transportedaboard such aircraft, and anyindividual seeking to lease anaircraft with a maximum takeoffweight greater than 12,500pounds to the automaticselectee and no fly lists,utilizing all appropriaterecords in the consolidated andintegrated terrorist watchlistmaintained by the FederalGovernment; and``(II) refuse to charter orlease an aircraft with amaximum takeoff weight greaterthan 12,500 pounds to ortransport aboard such aircraftany persons identified on suchwatch list.``(ii) Requirements.--Therequirements of subparagraph (C)(iii)shall apply to this subparagraph.``(iii) No fly and automaticselectee lists.--The Secretary ofHomeland Security, in consultation withthe Terrorist Screening Center, shalldesign and review, as necessary,guidelines, policies, and operatingprocedures for the collection, removal,and updating of data maintained, or tobe maintained, in the no fly andautomatic selectee lists.``(F) Applicability.--Section 607 of theVision 100--Century of Aviation ReauthorizationAct (49 U.S.C. 44903 note; 117 Stat. 2568)shall not apply to the advanced passengerprescreening system established undersubparagraph (C).``(G) Appeal procedures.--``(i) In general.--The AssistantSecretary shall establish a timely andfair process for individuals identifiedas a threat under one or more ofsubparagraphs (C), (D), and (E) toappeal to the Transportation SecurityAdministration the determination andcorrect any erroneous information.``(ii) Records.--The process shallinclude the establishment of a methodby which the Assistant Secretary willbe able to maintain a record of airpassengers and other individuals whohave been misidentified and havecorrected erroneous information. Toprevent repeated delays ofmisidentified passengers and other
    • individuals, the TransportationSecurity Administration record shallcontain information determined by theAssistant Secretary to authenticate theidentity of such a passenger orindividual.``(H) Definition.--In this paragraph, theterm `secure area of an airport means thesterile area and the Secure IdentificationDisplay Area of an airport (as such terms aredefined in section 1540.5 of title 49, Code ofFederal Regulations, or any successorregulation to such section)..(2) International flights.--Section 44909(c) oftitle 49, United States Code, is amended--(i) by striking ``paragraph (5),in paragraph (4) and inserting``paragraphs (5) and (6),; and(ii) by adding at the end thefollowing:``(6) Prescreening international passengers.--``(A) In general.--Not later than 60 daysafter date of enactment of this paragraph, theSecretary of Homeland Security, or the designeeof the Secretary, shall issue a notice ofproposed rulemaking that will allow theDepartment of Homeland Security to comparepassenger information for any internationalflight to or from the United States against theconsolidated and integrated terrorist watchlistmaintained by the Federal Government beforedeparture of the flight.``(B) Appeal procedures.--``(i) In general.--The Secretary ofHomeland Security shall establish atimely and fair process for individualsidentified as a threat undersubparagraph (A) to appeal to theDepartment of Homeland Security thedetermination and correct any erroneousinformation.``(ii) Records.--The process shallinclude the establishment of a methodby which the Secretary will be able tomaintain a record of air passengers andother individuals who have beenmisidentified and have correctederroneous information. To preventrepeated delays of misidentifiedpassengers and other individuals, theDepartment of Homeland Security recordshall contain information determined bythe Secretary to authenticate theidentity of such a passenger orindividual..(b) Report on Effects on Privacy and Civil Liberties.--(1) Requirement for report.--Not later than 180days after the date of the enactment of this Act, theSecurity Privacy Officer of the Department of HomelandSecurity shall submit a report assessing the impact ofthe automatic selectee and no fly lists on privacy andcivil liberties to the Committee on the Judiciary, theCommittee on Homeland Security and GovernmentalAffairs, and the Committee on Commerce, Science, andTransportation of the Senate and the Committee on theJudiciary, the Committee on Government Reform, theCommittee on Transportation and Infrastructure, and theSelect Committee on Homeland Security of the House ofRepresentatives.(2) Content.--The report submitted under paragraph(1) shall include--(A) any recommendations for practices,procedures, regulations, or legislation that
    • the Security Privacy Officer considersnecessary to minimize adverse effects ofautomatic selectee and no fly lists on privacy,discrimination, due process, and other civilliberties;(B) a discussion of the implications ofapplying those lists to other modes oftransportation; and(C) the effect that implementation of therecommendations would have on the effectivenessof the use of such lists to protect the UnitedStates against terrorist attacks.(3) Form.--To the greatest extent consistent withthe protection of law enforcement-sensitive informationand classified information, and the administration ofapplicable law, the report shall be submitted inunclassified form and shall be available to the public.The report may contain a classified annex if necessary.(c) Report on Criteria for Consolidated Terrorist WatchList.--(1) In general.--Within 180 days after the date ofenactment of this Act, the Director of NationalIntelligence, in consultation with the Secretary ofHomeland Security, the Secretary of State, and theAttorney General, shall submit to Congress a report onthe Terrorist Screening Center consolidated screeningwatch list.(2) --The report shall include--(A) the criteria for placing the name of anindividual on the watch list;(B) the minimum standards for reliabilityand accuracy of identifying information;(C) the degree of information certainty andthe range of threat levels that are to beidentified for an individual; and(D) the range of applicable consequencesthat are to apply to an individual, if located.(3) Form.--To the greatest extent consistent withthe protection of law enforcement-sensitive informationand classified information and the administration ofapplicable law, the report shall be submitted inunclassified form and shall be available to the public.The report may contain a classified annex if necessary._________________________________________________________________________________________________SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT SCREENINGCHECKPOINTS._________________________________________________________________________________________________(a) In General.--Subchapter I of chapter 449, of title 49,United States Code, is amended by adding at the end thefollowing:``Sec. 44925. Deployment and use of detection equipment at airportscreening checkpoints.``(a) Weapons and Explosives.--The Secretary of HomelandSecurity shall give a high priority to developing, testing,improving, and deploying, at airport screening checkpoints,equipment that detects nonmetallic, chemical, biological, andradiological weapons, and explosives, in all forms, onindividuals and in their personal property. The Secretary shallensure that the equipment alone, or as part of an integratedsystem, can detect under realistic operating conditions thetypes of weapons and explosives that terrorists would likelytry to smuggle aboard an air carrier aircraft.``(b) Strategic Plan for Deployment and Use of ExplosiveDetection Equipment at Airport Screening Checkpoints.--``(1) In general.--Not later than 90 days after thedate of enactment of this section, the AssistantSecretary of Homeland Security (Transportation SecurityAdministration) shall submit to the appropriatecongressional committees a strategic plan to promotethe optimal utilization and deployment of explosivedetection equipment at airports to screen individuals
    • and their personal property. Such equipment includeswalk-through explosive detection portals, documentscanners, shoe scanners, and backscatter x-rayscanners. The plan may be submitted in a classifiedformat.``(2) Content.--The strategic plan shall include,at minimum--``(A) a description of current efforts todetect explosives in all forms on individualsand in their personal property;``(B) a description of the operationalapplications of explosive detection equipmentat airport screening checkpoints;``(C) a deployment schedule and adescription of the quantities of equipmentneeded to implement the plan;``(D) a description of funding needs toimplement the plan, including a financing planthat provides for leveraging of non-Federalfunding;``(E) a description of the measures takenand anticipated to be taken in carrying outsubsection (d); and``(F) a description of any recommendedlegislative actions.``(c) Portal Detection Systems.--There is authorized to beappropriated to the Secretary of Homeland Security for the useof the Transportation Security Administration $250,000,000, inaddition to any amounts otherwise authorized by law, forresearch, development, and installation of detection systemsand other devices for the detection of biological, chemical,radiological, and explosive materials.``(d) Interim Action.--Until measures are implemented thatenable the screening of all passengers for explosives, theAssistant Secretary shall provide, by such means as theAssistant Secretary considers appropriate, explosives detectionscreening for all passengers identified for additionalscreening and their personal property that will be carriedaboard a passenger aircraft operated by an air carrier orforeign air carrier in air transportation or intrastate airtransportation..(b) Conforming Amendment.--The analysis for chapter 449 oftitle 49, United States Code, is amended by inserting after theitem relating to section 44924 the following:``44925. Deployment and use of detection equipment at airport screeningcheckpoints.._________________________________________________________________________________________________SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES._________________________________________________________________________________________________(a) Advanced Integrated Airport Checkpoint Screening SystemPilot Program.--Not later than March 31, 2005, the AssistantSecretary of Homeland Security (Transportation SecurityAdministration) shall develop and initiate a pilot program todeploy and test advanced airport checkpoint screening devicesand technology as an integrated system at not less than 5airports in the United States.(b) Funding.--Of the amounts appropriated pursuant tosection 48301(a) of title 49, United States Code, for each offiscal years 2005 and 2006, not more than $150,000,000 shall beavailable to carry out subsection (a)._________________________________________________________________________________________________SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE._________________________________________________________________________________________________(a) Required Action.--The Assistant Secretary of HomelandSecurity (Transportation Security Administration) shall takesuch action as may be necessary to improve the job performanceof airport screening personnel.(b) Human Factors Study.--In carrying out this section, the
    • Assistant Secretary shall provide, not later than 180 daysafter the date of the enactment of this Act, to the appropriatecongressional committees a report on the results of any humanfactors study conducted by the Department of Homeland Securityto better understand problems in screener performance and toimprove screener performance._________________________________________________________________________________________________SEC. 4016. FEDERAL AIR MARSHALS._________________________________________________________________________________________________(a) Federal Air Marshal Anonymity.--The Director of theFederal Air Marshal Service of the Department of HomelandSecurity shall continue operational initiatives to protect theanonymity of Federal air marshals.(b) Authorization of Additional Appropriations.--There isauthorized to be appropriated to the Secretary of HomelandSecurity for the use of the Bureau of Immigration and CustomsEnforcement, in addition to any amounts otherwise authorized bylaw, for the deployment of Federal air marshals under section44917 of title 49, United States Code, $83,000,000 for the 3fiscal-year period beginning with fiscal year 2005. Such sumsshall remain available until expended.(c) Federal Law Enforcement Counterterrorism Training.--(1) Availability of information.--The AssistantSecretary for Immigration and Customs Enforcement andthe Director of Federal Air Marshal Service of theDepartment of Homeland Security, shall make available,as practicable, appropriate information on in-flightcounterterrorism and weapons handling procedures andtactics training to Federal law enforcement officerswho fly while in possession of a firearm.(2) Identification of fraudulent documents.--TheAssistant Secretary for Immigration and CustomsEnforcement and the Director of Federal Air MarshalService of the Department of Homeland Security, incoordination with the Assistant Secretary of HomelandSecurity (Transportation Security Administration),shall ensure that Transportation SecurityAdministration screeners and Federal air marshalsreceive training in identifying fraudulentidentification documents, including fraudulent orexpired visas and passports. Such training shall alsobe made available to other Federal law enforcementagencies and local law enforcement agencies located ina State that borders Canada or Mexico._________________________________________________________________________________________________SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF FEDERAL AIRMARSHALS._________________________________________________________________________________________________The President is encouraged to pursue aggressivelyinternational agreements with foreign governments to allow themaximum deployment of Federal air marshals on internationalflights._________________________________________________________________________________________________SEC. 4018. FOREIGN AIR MARSHAL TRAINING._________________________________________________________________________________________________Section 44917 of title 49, United States Code, is amendedby adding at the end the following:``(d) Training for Foreign Law Enforcement Personnel.--``(1) In general.--The Assistant Secretary forImmigration and Customs Enforcement of the Departmentof Homeland Security, after consultation with theSecretary of State, may direct the Federal Air MarshalService to provide appropriate air marshal training tolaw enforcement personnel of foreign countries.``(2) Watchlist screening.--The Federal Air MarshalService may only provide appropriate air marshal
    • training to law enforcement personnel of foreigncountries after comparing the identifying informationand records of law enforcement personnel of foreigncountries against all appropriate records in theconsolidated and integrated terrorist watchlistsmaintained by the Federal Government.``(3) Fees.--The Assistant Secretary shallestablish reasonable fees and charges to pay expensesincurred in carrying out this subsection. Fundscollected under this subsection shall be credited tothe account in the Treasury from which the expenseswere incurred and shall be available to the AssistantSecretary for purposes for which amounts in suchaccount are available.._________________________________________________________________________________________________SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING._________________________________________________________________________________________________(a) In-Line Baggage Screening Equipment.--The AssistantSecretary of Homeland Security (Transportation SecurityAdministration) shall take such action as may be necessary toexpedite the installation and use of in-line baggage screeningequipment at airports at which screening is required by section44901 of title 49, United States Code.(b) Schedule.--Not later than 180 days after the date ofenactment of this Act, the Assistant Secretary shall submit tothe appropriate congressional committees a schedule to expeditethe installation and use of in-line baggage screening equipmentat such airports, with an estimate of the impact that suchequipment, facility modification, and baggage conveyorplacement will have on staffing needs and levels related toaviation security.(c) Replacement of Trace-Detection Equipment.--Not laterthan 180 days after the date of enactment of this Act, theAssistant Secretary shall establish and submit to theappropriate congressional committees a schedule for replacingtrace-detection equipment, as soon as practicable and whereappropriate, with explosive detection system equipment.(d) Cost-Sharing Study.--The Secretary of HomelandSecurity, in consultation with representatives of air carriers,airport operators, and other interested parties, shall submitto the appropriate congressional committees, in conjunctionwith the submission of the budget for fiscal year 2006 toCongress under section 1105(a) of title 31, United StatesCode--(1) a proposed formula for cost-sharing among theFederal Government, State and local governments, andthe private sector for projects to install in-linebaggage screening equipment that reflects the benefitsthat each of such entities derive from such projects,including national security benefits and labor andother cost savings;(2) recommendations, including recommendedlegislation, for an equitable, feasible, andexpeditious system for defraying the costs of the inlinebaggage screening equipment authorized by thistitle; and(3) the results of a review of innovative financingapproaches and possible cost savings associated withthe installation of in-line baggage screening equipmentat airports.(e) Authorization for Expiring and New LOIs.--(1) In general.--Section 44923(i) of title 49,United States Code, is amended by striking``$250,000,000 for each of fiscal years 2004 through2007. and inserting ``$400,000,000 for each of fiscalyears 2005, 2006, and 2007..(2) Period of reimbursement.--Notwithstanding anyother provision of law, the Secretary may provide thatthe period of reimbursement under any letter of intentmay extend for a period not to exceed 10 years afterthe date that the Secretary issues such letter, subject
    • to the availability of appropriations. This paragraphapplies to letters of intent issued under section 44923of title 49, United States Code, and letters of intentissued under section 367 of the Department ofTransportation and Related Agencies Appropriation Act,2003 (49 U.S.C. 47110 note)._________________________________________________________________________________________________SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING._________________________________________________________________________________________________(a) In General.--The Under Secretary for Border andTransportation Security of the Department of Homeland Securityshall provide, subject to the availability of funds, assistanceto airports at which screening is required by section 44901 oftitle 49, United States Code, and that have checked baggagescreening areas that are not open to public view in theacquisition and installation of security monitoring cameras forsurveillance of such areas in order to deter theft from checkedbaggage and to aid in the speedy resolution of liability claimsagainst the Transportation Security Administration.(b) Authorization of Appropriations.--There is authorizedto be appropriated to the Secretary of Homeland Security forfiscal year 2005 such sums as may be necessary to carry outthis section. Such sums shall remain available until expended._________________________________________________________________________________________________SEC. 4021. WIRELESS COMMUNICATION._________________________________________________________________________________________________(a) Study.--The Assistant Secretary of Homeland Security(Transportation Security Administration), in consultation withthe Administrator of the Federal Aviation Administration, shallconduct a study to determine the viability of providing devicesor methods, including wireless methods, to enable a flight crewto discreetly notify the pilot in the case of a security breachor safety issue occurring in the cabin.(b) Matters To Be Considered.--In conducting the study, theTransportation Security Administration and the Federal AviationAdministration shall consider technology that is readilyavailable and can be quickly integrated and customized for useaboard aircraft for flight crew communication.(c) Report.--Not later than 180 days after the date ofenactment of this Act, the Transportation SecurityAdministration shall submit to the appropriate congressionalcommittees a report on the results of the study._________________________________________________________________________________________________SEC. 4022. IMPROVED PILOT LICENSES._________________________________________________________________________________________________(a) In General.--Not later than one year after the date ofenactment of this Act, the Administrator of the FederalAviation Administration shall begin to issue improved pilotlicenses consistent with the requirements of title 49, UnitedStates Code, and title 14, Code of Federal Regulations.(b) Requirements.--Improved pilots licenses issued undersubsection (a) shall--(1) be resistant to tampering, alteration, andcounterfeiting;(2) include a photograph of the individual to whomthe license is issued; and(3) be capable of accommodating a digitalphotograph, a biometric identifier, or any other uniqueidentifier that the Administrator considers necessary.(c) Tampering.--To the extent practical, the Administratorshall develop methods to determine or reveal whether anycomponent or security feature of a license issued undersubsection (a) has been tampered, altered, or counterfeited.(d) Use of Designees.--The Administrator may use designeesto carry out subsection (a) to the extent feasible in order tominimize the burdens on pilots.
    • _________________________________________________________________________________________________SEC. 4023. AVIATION SECURITY STAFFING._________________________________________________________________________________________________(a) Aviation Security Staffing.--Not later than 90 daysafter the date of enactment of this Act, the AssistantSecretary of Homeland Security (Transportation SecurityAdministration) shall develop and submit to the appropriatecongressional committees standards for determining the aviationsecurity staffing for all airports at which screening isrequired under section 44901 of title 49, United States Code,necessary to--(1) provide necessary levels of aviation security;and(2) ensure that the average aviation securityrelateddelay experienced by airline passengers isminimized.(b) GAO Analysis.--As soon as practicable after the date onwhich the Assistant Secretary has developed standards undersubsection (a), the Comptroller General shall conduct anexpedited analysis of, and submit a report to the appropriatecongressional committees on, the standards for effectiveness,administrability, ease of compliance, and consistency with therequirements of existing law.(c) Integration of Federal Airport Workforce and AviationSecurity.--The Secretary of Homeland Security shall conduct astudy of the feasibility of combining operations of Federalemployees involved in screening at commercial airports andaviation security-related functions under the authority of theDepartment of Homeland Security in order to coordinatesecurity-related activities, increase the efficiency andeffectiveness of those activities, and increase commercial airtransportation security._________________________________________________________________________________________________SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS._________________________________________________________________________________________________(a) Plan and guidelines.--The Assistant Secretary ofHomeland Security (Transportation Security Administration)shall develop a plan and guidelines for implementing improvedexplosive detection system equipment.(b) Authorization of Appropriations.--There is authorizedto be appropriated to the Secretary of Homeland Security forthe use of the Transportation Security Administration$100,000,000, in addition to any amounts otherwise authorizedby law, for the purpose of research and development of improvedexplosive detection systems for aviation security under section44913 of title 49, United States Code._________________________________________________________________________________________________SEC. 4025. PROHIBITED ITEMS LIST._________________________________________________________________________________________________Not later than 60 days after the date of enactment of thisAct, the Assistant Secretary for Homeland Security(Transportation Security Administration) shall complete areview of the list of items prohibited from being carriedaboard a passenger aircraft operated by an air carrier orforeign air carrier in air transportation or intrastate airtransportation set forth in section 1540 of title 49, Code ofFederal Regulations, and shall release a revised list thatincludes--(1) butane lighters; and(2) any other modification that the AssistantSecretary considers appropriate._________________________________________________________________________________________________SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS)._________________________________________________________________________________________________
    • (a) United States Policy on Nonproliferation and ExportControl.--(1) To limit availability and transfer ofmanpads.--The President shall pursue, on an urgentbasis, further strong international diplomatic andcooperative efforts, including bilateral andmultilateral treaties, in the appropriate forum tolimit the availability, transfer, and proliferation ofMANPADSs worldwide.(2) To limit the proliferation of manpads.--ThePresident is encouraged to seek to enter intoagreements with the governments of foreign countriesthat, at a minimum, would--(A) prohibit the entry into force of aMANPADS manufacturing license agreement andMANPADS co-production agreement, other than theentry into force of a manufacturing license orco-production agreement with a country that isparty to such an agreement;(B) prohibit, except pursuant to transfersbetween governments, the export of a MANPADS,including any component, part, accessory, orattachment thereof, without an individualvalidated license; and(C) prohibit the reexport or retransfer ofa MANPADS, including any component, part,accessory, or attachment thereof, to a thirdperson, organization, or government unless thewritten consent of the government that approvedthe original export or transfer is firstobtained.(3) To achieve destruction of manpads.--ThePresident should continue to pursue further stronginternational diplomatic and cooperative efforts,including bilateral and multilateral treaties, in theappropriate forum to assure the destruction of excess,obsolete, and illicit stocks of MANPADSs worldwide.(4) Reporting and briefing requirement.--(A) Presidents report.--Not later than 180days after the date of enactment of this Act,the President shall transmit to the appropriatecongressional committees a report that containsa detailed description of the status ofdiplomatic efforts under paragraphs (1), (2),and (3) and of efforts by the appropriateUnited States agencies to comply with therecommendations of the General AccountingOffice set forth in its report GAO-04-519,entitled ``Nonproliferation: FurtherImprovements Needed in U.S. Efforts to CounterThreats from Man-Portable Air DefenseSystems.(B) Annual briefings.--Annually after thedate of submission of the report undersubparagraph (A) and until completion of thediplomatic and compliance efforts referred toin subparagraph (A), the Secretary of Stateshall brief the appropriate congressionalcommittees on the status of such efforts.(b) FAA Airworthiness Certification of Missile DefenseSystems for Commercial Aircraft.--(1) In general.--As soon as practicable, but notlater than the date of completion of Phase II of theDepartment of Homeland Securitys counter-man-portableair defense system (MANPADS) development anddemonstration program, the Administrator of the FederalAviation Administration shall establish a process forconducting airworthiness and safety certification ofmissile defense systems for commercial aircraftcertified as effective and functional by the Departmentof Homeland Security. The process shall require acertification by the Administrator that such systems
    • can be safely integrated into aircraft systems andensure airworthiness and aircraft system integrity.(2) Certification acceptance.--Under the process,the Administrator shall accept the certification of theDepartment of Homeland Security that a missile defensesystem is effective and functional to defend commercialaircraft against MANPADSs.(3) Expeditious certification.--Under the process,the Administrator shall expedite the airworthiness andsafety certification of missile defense systems forcommercial aircraft certified by the Department ofHomeland Security.(4) Reports.--Not later than 90 days after thefirst airworthiness and safety certification for amissile defense system for commercial aircraft isissued by the Administrator, and annually thereafteruntil December 31, 2008, the Federal AviationAdministration shall transmit to the Committee onTransportation and Infrastructure of the House ofRepresentatives and the Committee on Commerce, Science,and Transportation of the Senate a report that containsa detailed description of eachairworthiness and safetycertification issued for a missile defense system for commercialaircraft.(c) Programs to Reduce MANPADS.--(1) In general.--The President is encouraged topursue strong programs to reduce the number of MANPADSsworldwide so that fewer MANPADSs will be available fortrade, proliferation, and sale.(2) Reporting and briefing requirements.--Not laterthan 180 days after the date of enactment of this Act,the President shall transmit to the appropriatecongressional committees a report that contains adetailed description of the status of the programsbeing pursued under subsection (a). Annually thereafteruntil the programs are no longer needed, the Secretaryof State shall brief the appropriate congressionalcommittees on the status of programs.(3) Funding.--There is authorized to beappropriated such sums as may be necessary to carry outthis section.(d) MANPADS Vulnerability Assessments Report.--(1) In general.--Not later than one year after thedate of enactment of this Act, the Secretary ofHomeland Security shall transmit to the Committee onTransportation and Infrastructure of the House ofRepresentatives and the Committee on Commerce, Science,and Transportation of the Senate a report describingthe Department of Homeland Securitys plans to secureairports and the aircraft arriving and departing fromairports against MANPADSs attacks.(2) Matters to be addressed.--The Secretarysreport shall address, at a minimum, the following:(A) The status of the Departments effortsto conduct MANPADSs vulnerability assessmentsat United States airports at which theDepartment is conducting assessments.(B) How intelligence is shared between theUnited States intelligence agencies andFederal, State, and local law enforcement toaddress the MANPADS threat and potential waysto improve such intelligence sharing.(C) Contingency plans that the Departmenthas developed in the event that it receivesintelligence indicating a high threat of aMANPADS attack on aircraft at or near UnitedStates airports.(D) The feasibility and effectiveness ofimplementing public education and neighborhoodwatch programs in areas surrounding UnitedStates airports in cases in which intelligencereports indicate there is a high risk ofMANPADS attacks on aircraft.
    • (E) Any other issues that the Secretarydeems relevant.(3) Format.--The report required by this subsectionmay be submitted in a classified format.(e) Definitions.--In this section, the followingdefinitions apply:(1) Appropriate congressional committees.--The term``appropriate congressional committees means--(A) the Committee on Armed Services, theCommittee on International Relations, and theCommittee on Transportation and Infrastructureof the House of Representatives; and(B) the Committee on Armed Services, theCommittee on Foreign Relations, and theCommittee on Commerce, Science, andTransportation of the Senate.(2) MANPADS.--The term ``MANPADS means--(A) a surface-to-air missile systemdesigned to be man-portable and carried andfired by a single individual; and(B) any other surface-to-air missile systemdesigned to be operated and fired by more thanone individual acting as a crew and portable byseveral individuals._________________________________________________________________________________________________SEC. 4027. TECHNICAL CORRECTIONS._________________________________________________________________________________________________(a) Administrative Imposition of Penalties.--Section46301(d) of title 49, United States Code, is amended--(1) in the first sentence of paragraph (2) bystriking ``46302, 46303, and inserting ``46302 (for aviolation relating to section 46504),;(2) in the second sentence of paragraph (2)--(A) by striking ``Under Secretary ofTransportation for Security and inserting``Secretary of Homeland Security; and(B) by striking ``44909) and inserting``44909), 46302 (except for a violationrelating to section 46504), 46303,;(3) in paragraphs (2), (3), and (4) by striking``Under Secretary or each place it occurs andinserting ``Secretary of Homeland Security or; and(4) in paragraph (4)(A) by moving clauses (i),(ii), and (iii) 2 ems to the left.(b) Compromise and Setoff for False Information.--Section46302(b)(1) of title 49, United States Code, is amended bystriking ``Secretary of Transportation and inserting``Secretary of Homeland Security and, for a violation relatingto section 46504, the Secretary of Transportation,.(c) Carrying a Weapon.--Section 46303 of title 49, UnitedStates Code, is amended--(1) in subsection (b)(1) by striking ``Secretary ofTransportation and inserting ``Secretary of HomelandSecurity; and(2) in subsection (c)(2) by striking ``UnderSecretary of Transportation for Security andinserting ``Secretary of Homeland Security._________________________________________________________________________________________________SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS._________________________________________________________________________________________________Not later than 6 months after the date of the enactment ofthis Act, the Assistant Secretary of Homeland Security(Transportation Security Administration) shall submit to theappropriate congressional committees a report on the costs andbenefits associated with the use of secondary flight deckbarriers, including the recommendation of the AssistantSecretary whether or not the use of such barriers should bemandated for all air carriers. The report may be submitted in a
    • classified form._________________________________________________________________________________________________SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING._________________________________________________________________________________________________Section 48301(a) of title 49, United States Code, isamended by striking ``and 2005 and inserting ``2005, and2006._________________________________________________________________________________________________SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGECONTAINERS._________________________________________________________________________________________________Subtitle C--Air Cargo SecuritySEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGE CONTAINERS.(a) In General.--Beginning not later than 180 days afterthe date of enactment of this Act, the Assistant Secretary ofHomeland Security (Transportation Security Administration)shall carry out a pilot program to evaluate the use of blastresistantcontainers for cargo and baggage on passengeraircraft to minimize the potential effects of detonation of anexplosive device.(b) Incentives for Participation in Pilot Program.--(1) In general.--As part of the pilot program, theAssistant Secretary shall provide incentives to aircarriers to volunteer to test the use of blastresistantcontainers for cargo and baggage on passengeraircraft.(2) Applications.--To volunteer to participate inthe incentive program, an air carrier shall submit tothe Assistant Secretary an application that is in suchform and contains such information as the AssistantSecretary requires.(3) Types of incentives.--Incentives provided bythe Assistant Secretary to air carriers that volunteerto participate in the pilot program shall include theuse of, and financial assistance to cover increasedcosts to the carriers associated with the use andmaintenance of, blast-resistant containers, includingincreased fuel costs.(c) Technological Improvements.--The Secretary of HomelandSecurity, in cooperation with the Secretary of Transportation,shall support efforts to explore alternative technologies forminimizing the potential effects of detonation of an explosivedevice on cargo and passenger aircraft.(d) Authorization of Appropriations.--There is authorizedto be appropriated to carry out subsections (a) and (b)$2,000,000. Such sums shall remain available until expended._________________________________________________________________________________________________SEC. 4052. AIR CARGO SECURITY._________________________________________________________________________________________________(a) Air Cargo Screening Technology.--The AssistantSecretary of Homeland Security (Transportation SecurityAdministration) shall develop technology to better identify,track, and screen air cargo.(b) Improved Air Cargo and Airport Security.--There isauthorized to be appropriated to the Secretary of HomelandSecurity for the use of the Transportation SecurityAdministration, in addition to any amounts otherwise authorizedby law, for the purpose of improving aviation security relatedto the transportation of cargo on both passenger aircraft andall-cargo aircraft--(1) $200,000,000 for fiscal year 2005;(2) $200,000,000 for fiscal year 2006; and(3) $200,000,000 for fiscal year 2007.Such sums shall remain available until expended.(c) Research, Development, and Deployment.--To carry outsubsection (a), there is authorized to be appropriated to the
    • Secretary, in addition to any amounts otherwise authorized bylaw, for research and development related to enhanced air cargosecurity technology as well as for deployment and installationof enhanced air cargo security technology--(1) $100,000,000 for fiscal year 2005;(2) $100,000,000 for fiscal year 2006; and(3) $100,000,000 for fiscal year 2007.Such sums shall remain available until expended.(d) Advanced Cargo Security Grants.--(1) In general.--The Secretary shall establish andcarry out a program to issue competitive grants toencourage the development of advanced air cargosecurity technology, including use of innovativefinancing or other means of funding such activities.The Secretary may make available funding for thispurpose from amounts appropriated pursuant tosubsection (c).(2) Eligibility criteria, etc.--The Secretary shallestablish such eligibility criteria, establish suchapplication and administrative procedures, and providefor such matching funding requirements, if any, as maybe necessary and appropriate to ensure that thetechnology is deployed as fully and rapidly aspossible._________________________________________________________________________________________________SEC. 4053. AIR CARGO SECURITY REGULATIONS._________________________________________________________________________________________________Not later than 240 days after the date of enactment of thisAct, the Assistant Secretary of Homeland Security(Transportation Security Administration) shall issue a finalrule in Docket Number TSA-2004-19515 to amend transportationsecurity regulations to enhance and improve the security of aircargo transported in both passenger and all-cargo aircraft._________________________________________________________________________________________________SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS._________________________________________________________________________________________________(a) Report.--Not later than 180 days after the date ofenactment of this Act, the Secretary of Homeland Security, incoordination with the Secretary of Defense and theAdministrator of the Federal Aviation Administration, shallsubmit to the Committee on Commerce, Science, andTransportation and the Committee on Homeland Security andGovernmental Affairs of the Senate and the Committee onTransportation and Infrastructure of the House ofRepresentatives a report that contains the following:(1) A description of the current procedures inplace to address the threat of an inbound all-cargoaircraft from outside the United States thatintelligence sources indicate could carry explosive,incendiary, chemical, biological, or nuclear devices.(2) An analysis of the potential for establishingsecure facilities along established internationalaviation routes for the purposes of diverting andsecuring aircraft described in paragraph (1).(b) Report Format.--The Secretary may submit all, or part,of the report required by this section in such a classified andredacted format as the Secretary determines appropriate ornecessary._________________________________________________________________________________________________SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS._________________________________________________________________________________________________Subtitle D--Maritime SecuritySEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.(a) Watch Lists.--(1) In general.--As soon as practicable but notlater than 180 days after the date of the enactment of
    • this Act, the Secretary of Homeland Security shall--(A) implement a procedure under which theDepartment of Homeland Security comparesinformation about passengers and crew who areto be carried aboard a cruise ship with acomprehensive, consolidated database containinginformation about known or suspected terroristsand their associates;(B) use the information obtained bycomparing the passenger and crew informationwith the information in the database to preventknown or suspected terrorists and theirassociates from boarding such ships or tosubject them to specific additional securityscrutiny, through the use of ``no transportand ``automatic selectee lists or othermeans.(2) Waiver.--The Secretary may waive therequirement in paragraph (1)(B) with respect to cruiseships embarking at foreign ports if the Secretarydetermines that the application of such requirement tosuch cruise ships is impracticable.(b) Cooperation From Operators of Cruise Ships.--TheSecretary of Homeland Security shall by rulemaking requireoperators of cruise ships to provide the passenger and crewinformation necessary to implement the procedure required bysubsection (a).(c) Maintenance of Accuracy and Integrity of ``NoTransport and ``Automatic Selectee Lists.--(1) Watch list database.--The Secretary of HomelandSecurity, in consultation with the Terrorist ScreeningCenter, shall develop guidelines, policies, andoperating procedures for the collection, removal, andupdating of data maintained, or to be maintained, inthe ``no transport and ``automatic selectee listsdescribed in subsection (a)(1) that are designed toensure the accuracy and integrity of the lists.(2) Accuracy of entries.--In developing the ``notransport and ``automatic selectee lists undersubsection (a)(1)(B), the Secretary shall establish asimple and timely method for correcting erroneousentries, for clarifying information known to causefalse hits or misidentification errors, and forupdating relevant information that is dispositive inthe passenger and crew screening process. The Secretaryshall also establish a process to provide an individualwhose name is confused with, or similar to, a name inthe watch list database with a means of demonstratingthat such individual is not the person named in thedatabase.(d) Cruise Ship Defined.--In this section, the term``cruise ship means a vessel on an international voyage thatembarks or disembarks passengers at a port of United Statesjurisdiction to which subpart C of part 160 of title 33, Codeof Federal Regulations, applies and that provides overnightaccommodations._________________________________________________________________________________________________SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS._________________________________________________________________________________________________Subtitle E--General ProvisionsSEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS.(a) National Maritime Transportation Security Plan.--Section 70103(a)(1) of title 46, United States Code, is amendedby striking ``The Secretary and inserting ``Not later thanApril 1, 2005, the Secretary.(b) Facility and Vessel Vulnerability Assessments.--Section70102(b)(1) of title 46, United States Code, is amended bystriking ``, the Secretary and inserting ``and by not laterthan December 31, 2004, the Secretary.(c) Strategic Plan Reports.--Not later than 90 days afterthe date of the enactment of this Act, the Secretary of the
    • department in which the Coast Guard is operating shall submitto the Committee on Commerce, Science, and Transportation ofthe Senate and the Committee on Transportation andInfrastructure of the House of Representatives--(1) a comprehensive program management plan thatidentifies specific tasks to be completed, anddeadlines for completion, for the transportationsecurity card program under section 70105 of title 46,United States Code, that incorporates best practicesfor communicating, coordinating, and collaborating withthe relevant stakeholders to resolve relevant issues,such as background checks;(2) a report on the status of negotiations undersection 103(a) of the Maritime Transportation SecurityAct of 2002 (46 U.S.C. 70111);(3) the report required by section 107(b) of theMaritime Transportation Security Act of 2002 (33 U.S.C.1226 note); and(4) a report on the status of the development ofthe system and standards required by section 111 of theMaritime Transportation Security Act of 2002 (46 U.S.C.70116 note).(d) Other Reports.--Not later than 90 days after the dateof the enactment of this Act--(1) the Secretary of Homeland Security shall submitto the appropriate congressional committees--(A) a report on the establishment of theNational Maritime Security Advisory Committeeunder section 70112 of title 46, United StatesCode; and(B) a report on the status of the programrequired by section 70116 of title 46, UnitedStates Code, to evaluate and certify securesystems of international intermodaltransportation;(2) the Secretary of Transportation shall submit tothe appropriate congressional committees the annualreport required by section 905 of the InternationalMaritime and Port Security Act (46 U.S.C. App. 1802)that includes information that should have beenincluded in the last preceding annual report that wasdue under that section; and(3) the Commandant of the United States Coast Guardshall submit to the appropriate congressionalcommittees the report required by section 110(b) of theMaritime Transportation Security Act of 2002 (46 U.S.C.70101 note)._________________________________________________________________________________________________SEC. 4081. DEFINITIONS._________________________________________________________________________________________________In this title (other than in sections 4001 and 4026), thefollowing definitions apply:(1) Appropriate congressional committees.--The term``appropriate congressional committees means theCommittee on Commerce, Science, and Transportation ofthe Senate and the Committee on Transportation andInfrastructure of the House of Representatives.(2) Aviation definitions.--The terms ``aircarrier, ``air transportation, ``aircraft,``airport, ``cargo, ``foreign air carrier, and``intrastate air transportation have the meaningsgiven such terms in section 40102 of title 49, UnitedStates Code.(3) Secure area of an airport.--The term ``securearea of an airport means the sterile area and theSecure Identification Display Area of an airport (assuch terms are defined in section 1540.5 of title 49,Code of Federal Regulations, or any successorregulations)._________________________________________________________________________________________________
    • SEC. 4082. EFFECTIVE DATE._________________________________________________________________________________________________This title shall take effect on the date of enactment ofthis Act._________________________________________________________________________________________________SEC. 5101. ESTABLISHMENT._________________________________________________________________________________________________TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERSSubtitle A--Advanced Technology Northern Border Security Pilot ProgramSEC. 5101. ESTABLISHMENT.The Secretary of Homeland Security may carry out a pilotprogram to test various advanced technologies that will improveborder security between ports of entry along the northernborder of the United States._________________________________________________________________________________________________SEC. 5102. PROGRAM REQUIREMENTS._________________________________________________________________________________________________(a) Required Features.--The Secretary of Homeland Securityshall design the pilot program under this subtitle to have thefollowing features:(1) Use of advanced technological systems,including sensors, video, and unmanned aerial vehicles,for border surveillance.(2) Use of advanced computing and decisionintegration software for--(A) evaluation of data indicating borderincursions;(B) assessment of threat potential; and(C) rapid real-time communication,monitoring, intelligence gathering, deployment,and response.(3) Testing of advanced technology systems andsoftware to determine best and most cost-effective usesof advanced technology to improve border security.(4) Operation of the program in remote stretches ofborder lands with long distances between 24-hour portsof entry with a relatively small presence of UnitedStates border patrol officers.(5) Capability to expand the program upon adetermination by the Secretary that expansion would bean appropriate and cost-effective means of improvingborder security.(b) Coordination With Other Agencies.--The Secretary ofHomeland Security shall ensure that the operation of the pilotprogram under this subtitle--(1) is coordinated among United States, State,local, and Canadian law enforcement and border securityagencies; and(2) includes ongoing communication among suchagencies._________________________________________________________________________________________________SEC. 5103. ADMINISTRATIVE PROVISIONS._________________________________________________________________________________________________(a) Procurement of Advanced Technology.--The Secretary ofHomeland Security may enter into contracts for the procurementor use of such advanced technologies as the Secretarydetermines appropriate for the pilot program under thissubtitle.(b) Program Partnerships.--In carrying out the pilotprogram under this subtitle, the Secretary of Homeland Securitymay provide for the establishment of cooperative arrangementsfor participation in the pilot program by such participants aslaw enforcement and border security agencies referred to insection 5102(b), institutions of higher education, and privatesector entities.
    • _________________________________________________________________________________________________SEC. 5104. REPORT._________________________________________________________________________________________________(a) Requirement for Report.--Not later than 1 year afterthe date of enactment of this Act, the Secretary of HomelandSecurity shall submit to Congress a report on the pilot programunder this subtitle.(b) Content.--The report under subsection (a) shall includethe following matters:(1) A discussion of the implementation of the pilotprogram, including the experience under the pilotprogram.(2) A recommendation regarding whether to expandthe pilot program along the entire northern border ofthe United States and a timeline for the implementationof the expansion._________________________________________________________________________________________________SEC. 5105. AUTHORIZATION OF APPROPRIATIONS._________________________________________________________________________________________________There is authorized to be appropriated such sums as may benecessary to carry out the pilot program under this subtitle._________________________________________________________________________________________________SEC. 5201. BORDER SURVEILLANCE._________________________________________________________________________________________________Subtitle B--Border and Immigration Enforcement(a) In General.--Not later than 6 months after the date ofenactment of this Act, the Secretary of Homeland Security shallsubmit to the President and the appropriate committees ofCongress a comprehensive plan for the systematic surveillanceof the southwest border of the United States by remotelypiloted aircraft.(b) --The plan submitted under subsection (a)shall include--(1) recommendations for establishing command andcontrol centers, operations sites, infrastructure,maintenance, and procurement;(2) cost estimates for the implementation of theplan and ongoing operations;(3) recommendations for the appropriate agentwithin the Department of Homeland Security to be theexecutive agency for remotely piloted aircraftoperations;(4) the number of remotely piloted aircraftrequired for the plan;(5) the types of missions the plan would undertake,including--(A) protecting the lives of people seekingillegal entry into the United States;(B) interdicting illegal movement ofpeople, weapons, and other contraband acrossthe border;(C) providing investigative support toassist in the dismantling of smuggling andcriminal networks along the border;(D) using remotely piloted aircraft toserve as platforms for the collection ofintelligence against smugglers and criminalnetworks along the border; and(E) further validating and testing ofremotely piloted aircraft for airspace securitymissions;(6) the equipment necessary to carry out the plan;and(7) a recommendation regarding whether to expandthe pilot program along the entire southwest border.(c) Implementation.--The Secretary of Homeland Security
    • shall implement the plan submitted under subsection (a) as apilot program as soon as sufficient funds are appropriated andavailable for this purpose.(d) Authorization of Appropriations.--There are authorizedto be appropriated such sums as may be necessary to carry outthe provisions of this section._________________________________________________________________________________________________SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS._________________________________________________________________________________________________In each of the fiscal years 2006 through 2010, theSecretary of Homeland Security shall, subject to theavailability of appropriations for such purpose, increase bynot less than 2,000 the number of positions for full-timeactive-duty border patrol agents within the Department ofHomeland Security above the number of such positions for whichfunds were allotted for the preceding fiscal year. In each ofthe fiscal years 2006 through 2010, in addition to the borderpatrol agents assigned along the northern border of the UnitedStates during the previous fiscal year, the Secretary shallassign a number of border patrol agents equal to not less than20 percent of the net increase in border patrol agents duringeach such fiscal year._________________________________________________________________________________________________SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS._________________________________________________________________________________________________In each of fiscal years 2006 through 2010, the Secretary ofHomeland Security shall, subject to the availability ofappropriations for such purpose, increase by not less than 800the number of positions for full-time active duty investigatorswithin the Department of Homeland Security investigatingviolations of immigration laws (as defined in section101(a)(17) of the Immigration and Nationality Act (8 U.S.C.1101(a)(17)) above the number of such positions for which fundswere made available during the preceding fiscal year._________________________________________________________________________________________________SEC. 5204. INCREASE IN DETENTION BED SPACE._________________________________________________________________________________________________(a) In General.--Subject to the availability ofappropriated funds, the Secretary of Homeland Security shallincrease by not less than 8,000, in each of the fiscal years2006 through 2010, the number of beds available for immigrationdetention and removal operations of the Department of HomelandSecurity above the number for which funds were allotted for thepreceding fiscal year.(b) Priority.--The Secretary shall give priority for theuse of these additional beds to the detention of individualscharged with removability under section 237(a)(4) of theImmigration and Nationality Act (8 U.S.C. 1227(a)(4)) orinadmissibility under section 212(a)(3) of that Act (8 U.S.C.1182(a)(3))._________________________________________________________________________________________________SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS._________________________________________________________________________________________________Subtitle C--Visa RequirementsSEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.(a) Requirement for Interviews.--Section 222 of theImmigration and Nationality Act (8 U.S.C. 1202) is amended byadding at the end the following new subsection:``(h) Notwithstanding any other provision of this Act, theSecretary of State shall require every alien applying for anonimmigrant visa--``(1) who is at least 14 years of age and not morethan 79 years of age to submit to an in person
    • interview with a consular officer unless therequirement for such interview is waived--``(A) by a consular official and such alienis--``(i) within that class ofnonimmigrants enumerated insubparagraph (A) or (G) of section101(a)(15);``(ii) within the NATO visacategory;``(iii) within that class ofnonimmigrants enumerated in section101(a)(15)(C)(iii) (referred to as the`C-3 visa category); or``(iv) granted a diplomatic orofficial visa on a diplomatic orofficial passport or on the equivalentthereof;``(B) by a consular official and such alienis applying for a visa--``(i) not more than 12 months afterthe date on which such aliens priorvisa expired;``(ii) for the visa classificationfor which such prior visa was issued;``(iii) from the consular postlocated in the country of such aliensusual residence, unless otherwiseprescribed in regulations that requirean applicant to apply for a visa in thecountry of which such applicant is anational; and``(iv) the consular officer has noindication that such alien has notcomplied with the immigration laws andregulations of the United States; or``(C) by the Secretary of State if theSecretary determines that such waiver is--``(i) in the national interest ofthe United States; or``(ii) necessary as a result ofunusual or emergent circumstances; and``(2) notwithstanding paragraph (1), to submit toan in person interview with a consular officer if suchalien--``(A) is not a national or resident of thecountry in which such alien is applying for avisa;``(B) was previously refused a visa, unlesssuch refusal was overcome or a waiver ofineligibility has been obtained;``(C) is listed in the Consular Lookout andSupport System (or successor system at theDepartment of State);``(D) is a national of a country officiallydesignated by the Secretary of State as a statesponsor of terrorism, except such nationals whopossess nationalities of countries that are notdesignated as state sponsors or terrorism;``(E) requires a security advisory opinionor other Department of State clearance, unlesssuch alien is--``(i) within that class ofnonimmigrants enumerated insubparagraph (A) or (G) of section101(a)(15);``(ii) within the NATO visacategory;``(iii) within that class ofnonimmigrants enumerated in section101(a)(15)(C)(iii) (referred to as the`C-3 visa category); or``(iv) an alien who qualifies for a
    • diplomatic or official visa, or itsequivalent; or``(F) is identified as a member of a groupor sector that the Secretary of Statedetermines--``(i) poses a substantial risk ofsubmitting inaccurate information inorder to obtain a visa;``(ii) has historically had visaapplications denied at a rate that ishigher than the average rate of suchdenials; or``(iii) poses a security threat tothe United States.._________________________________________________________________________________________________SEC. 5302. VISA APPLICATION REQUIREMENTS._________________________________________________________________________________________________Section 222(c) of the Immigration and Nationality Act (8U.S.C. 1202(c)) is amended by inserting ``The alien shallprovide complete and accurate information in response to anyrequest for information contained in the application. afterthe second sentence._________________________________________________________________________________________________SEC. 5303. EFFECTIVE DATE._________________________________________________________________________________________________Notwithstanding section 1086 or any other provision of thisAct, sections 5301 and 5302 shall take effect 90 days after thedate of enactment of this Act._________________________________________________________________________________________________SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION._________________________________________________________________________________________________Subtitle D--Immigration ReformSEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.(a) Limitation on Review.--Section 221(i) of theImmigration and Nationality Act (8 U.S.C. 1201(i)) is amendedby adding at the end the following: ``There shall be no meansof judicial review (including review pursuant to section 2241of title 28, United States Code, or any other habeas corpusprovision, and sections 1361 and 1651 of such title) of arevocation under this subsection, except in the context of aremoval proceeding if such revocation provides the sole groundfor removal under section 237(a)(1)(B)..(b) Classes of Deportable Aliens.--Section 237(a)(1)(B) ofthe Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) isamended by striking ``United States is and inserting thefollowing: ``United States, or whose nonimmigrant visa (orother documentation authorizing admission into the UnitedStates as a nonimmigrant) has been revoked under section221(i), is.(c) Revocation of Petitions.--Section 205 of theImmigration and Nationality Act (8 U.S.C. 1155) is amended--(1) by striking ``Attorney General and inserting``Secretary of Homeland Security; and(2) by striking the final two sentences.(d) Effective Date.--The amendments made by this sectionshall take effect on the date of enactment of this Act andshall apply to revocations under sections 205 and 221(i) of theImmigration and Nationality Act (8 U.S.C. 1155, 1201(i)) madebefore, on, or after such date._________________________________________________________________________________________________SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS._________________________________________________________________________________________________(a) Criminal Penalties.--Section 274(a) of the Immigration
    • and Nationality Act (8 U.S.C. 1324(a)) is amended by adding atthe end the following:``(4) In the case of a person who has brought aliens intothe United States in violation of this subsection, the sentenceotherwise provided for may be increased by up to 10 years if--``(A) the offense was part of an ongoing commercialorganization or enterprise;``(B) aliens were transported in groups of 10 ormore; and``(C)(i) aliens were transported in a manner thatendangered their lives; or``(ii) the aliens presented a life-threateninghealth risk to people in the United States..(b) Outreach Program.--Section 274 of the Immigration andNationality Act (8 U.S.C. 1324), as amended by subsection (a),is further amended by adding at the end the following:``(e) Outreach Program.--The Secretary of HomelandSecurity, in consultation with the Attorney General and theSecretary of State, as appropriate, shall develop and implementan outreach program to educate the public in the United Statesand abroad about the penalties for bringing in and harboringaliens in violation of this section.._________________________________________________________________________________________________SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE TRAINING FROMTERRORIST ORGANIZATIONS._________________________________________________________________________________________________Section 237(a)(4) of the Immigration and Nationality Act (8U.S.C. 1227(a)(4)) is amended by adding at the end thefollowing:``(E) Recipient of military-typetraining.--``(i) In general.--Any alien whohas received military-type trainingfrom or on behalf of any organizationthat, at the time the training wasreceived, was a terrorist organization(as defined in subclause (I) or (II) ofsection 212(a)(3)(B)(vi)), isdeportable.``(ii) Definition.--As used in thissubparagraph, the term `military-typetraining includes training in means ormethods that can cause death or seriousbodily injury, destroy or damageproperty, or disrupt services tocritical infrastructure, or training onthe use, storage, production, orassembly of any explosive, firearm, orother weapon, including any weapon ofmass destruction (as defined in section2332a(c)(2) of title 18, United StatesCode).._________________________________________________________________________________________________SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM._________________________________________________________________________________________________(a) Study.--Commencing not later than 30 days after thedate of the enactment of this Act, the Comptroller General ofthe United States shall conduct a study to evaluate the extentto which weaknesses in the United States asylum system andwithholding of removal system have been or could be exploitedby aliens connected to, charged in connection with, or tied toterrorist activity.(b) Elements.--The study under subsection (a) shalladdress, but not be limited to, the following:(1) The number of aliens connected to, tied to,charged in connection with, or who claim to have beenaccused of or charged in connection with terroristactivity who have applied for, been granted, or been
    • denied asylum.(2) The number of aliens connected to, tied to,charged in connection with, or who claim to have beenaccused of or charged in connection with terroristactivity who have applied for, been granted, or beendenied release from detention.(3) The number of aliens connected to, tied to,charged in connection with, or who claim to have beenaccused of or charged in connection with terroristactivity who have been denied asylum but who remain atlarge in the United States.(4) The effect of the confidentiality provisions ofsection 208.6 of title 8, Code of Federal Regulations,on the ability of the United States Government toestablish that an alien is connected to or tied toterrorist activity, such that the alien is barred fromasylum or withholding of removal, is removable from theUnited States, or both.(5) The effect that precedential decisions, if any,holding that the extrajudicial punishment of anindividual connected to terrorism, or guerrilla ormilitant activity abroad, or threats of suchpunishment, constitute persecution on account ofpolitical opinion as defined in section 101(a)(42) ofthe Immigration and Nationality Act (8 U.S.C.1101(a)(42)), have had on the ability of the UnitedStates Government to remove aliens whom the UnitedStates Government believes are connected to or haveties to terrorism,(6) The extent to which court precedents haveaffected the ability of the United States Government todetermine or prove that an alien the United StatesGovernment believes to be connected to or tied toterrorism is in fact so connected or tied, including--(A) so-called ``imputed politicalopinion;(B) judicial review, reversal, or both ofthe credibility determinations of immigrationjudges; and(C) the need to use classified informationin removal proceedings against aliens suspectedof connections or ties to terrorism.(7) The likelihood that an alien connected to orwith ties to terrorism has been granted asylum orwithholding of removal.(8) The likelihood that an alien connected to orwith ties to terrorism has used the United Statesasylum system to enter or remain in the United Statesin order to plan, conspire, or carry out, or attempt toplan, conspire, or carry out, an act of terrorism.(c) Consideration and Assessment.--Solely for purposes ofconducting the study under subsection (a), the ComptrollerGeneral shall consider the possibility, and assess thelikelihood, that an alien whom the United States Governmentaccuses or has accused of having a connection to or ties toterrorism is in fact connected to or tied to terrorism,notwithstanding any administrative or judicial determination tothe contrary.(d) Scope.--In conducting the study under subsection (a),the Comptroller General shall seek information from theDepartment of Homeland Security, the Federal Bureau ofInvestigation, the Central Intelligence Agency, the Departmentof Justice, foreign governments, experts in the field of alienterrorists, and any other appropriate source.(e) Privacy.--(1) In general.--Notwithstanding section 208.6 oftitle 8, Code of Federal Regulations, the ComptrollerGeneral shall, for purposes of the study undersubsection (a), have access to the applications andadministrative and judicial records of alien applicantsfor asylum and withholding of removal. Except forpurposes of preparing the reports under subsection (f),such information shall not be further disclosed or
    • disseminated, nor shall the names or personalidentifying information of any applicant be released.(2) Security of records.--The Comptroller Generalshall ensure that records received pursuant to thissection are appropriately secured to prevent theirinadvertent disclosure.(f) Report to Congress.--(1) In general.--Not later than 270 days after thedate of the enactment of this Act, the ComptrollerGeneral shall submit to the appropriate committees ofCongress and the Secretary of Homeland Security areport on the findings and recommendations of theComptroller General under the study under subsection(a).(2) Elements.--The report under paragraph (1) shallinclude the following:(A) The assessment of the ComptrollerGeneral on each matter specified in subsection(b).(B) Any recommendations of the ComptrollerGeneral for such administrative action on anymatter specified in subsection (a) as theComptroller General considers necessary tobetter protect the national security of theUnited States.(C) Any recommendations of the ComptrollerGeneral for such legislative action on anymatter specified in subsection (a) as theComptroller General considers necessary tobetter protect the national security of theUnited States.(3) Form.--If necessary, the Comptroller Generalmay submit a classified and unclassified version of thereport under paragraph (1).(g) Appropriate Committees of Congress Defined.--In thissection, the term ``appropriate committees of Congressmeans--(1) the Committee on Homeland Security andGovernmental Affairs, the Committee on the Judiciary,and the Select Committee on Intelligence of the Senate;and(2) the Committee on the Judiciary and thePermanent Select Committee on Intelligence of the Houseof Representatives._________________________________________________________________________________________________SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OFTORTURE OR EXTRAJUDICIAL KILLINGS ABROAD._________________________________________________________________________________________________Subtitle E--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities AbroadSEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVECOMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.(a) Inadmissibility.--Section 212(a)(3)(E) of theImmigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) isamended--(1) in clause (ii), by striking ``has engaged inconduct that is defined as genocide for purposes of theInternational Convention on the Prevention andPunishment of Genocide is inadmissible and inserting``ordered, incited, assisted, or otherwise participatedin conduct outside the United States that would, ifcommitted in the United States or by a United Statesnational, be genocide, as defined in section 1091(a) oftitle 18, United States Code, is inadmissible;(2) by adding at the end the following:``(iii) Commission of acts oftorture or extrajudicial killings.--Anyalien who, outside the United States,has committed, ordered, incited,assisted, or otherwise participated inthe commission of--``(I) any act of torture,
    • as defined in section 2340 oftitle 18, United States Code;or``(II) under color of lawof any foreign nation, anyextrajudicial killing, asdefined in section 3(a) of theTorture Victim Protection Actof 1991 (28 U.S.C. 1350 note),is inadmissible.; and(3) in the subparagraph heading, by striking``Participants in nazi persecution or genocide andinserting ``Participants in nazi persecution, genocide,or the commission of any act of torture orextrajudicial killing.(b) Deportability.--Section 237(a)(4)(D) of such Act (8U.S.C. 1227(a)(4)(D)) is amended--(1) by striking ``clause (i) or (ii) andinserting ``clause (i), (ii), or (iii); and(2) in the subparagraph heading, by striking``Assisted in nazi persecution or engaged in genocideand inserting ``Participated in nazi persecution,genocide, or the commission of any act of torture orextrajudicial killing.(c) Effective Date.--The amendments made by this sectionshall apply to offenses committed before, on, or after the dateof enactment of this Act._________________________________________________________________________________________________SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT OFFICIALS WHO HAVECOMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM._________________________________________________________________________________________________(a) Ground of Inadmissibility.--Section 212(a)(2)(G) of theImmigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) isamended to read as follows:``(G) Foreign government officials who havecommitted particularly severe violations ofreligious freedom.--Any alien who, whileserving as a foreign government official, wasresponsible for or directly carried out, at anytime, particularly severe violations ofreligious freedom, as defined in section 3 ofthe International Religious Freedom Act of 1998(22 U.S.C. 6402), is inadmissible..(b) Ground of Deportability.--Section 237(a)(4) of theImmigration and Nationality Act (8 U.S.C. 1227(a)(4)) isamended by adding at the end the following:``(E) Participated in the commission ofsevere violations of religious freedom.--Anyalien described in section 212(a)(2)(G) isdeportable.._________________________________________________________________________________________________SEC. 5503. WAIVER OF INADMISSIBILITY._________________________________________________________________________________________________Section 212(d)(3) of the Immigration and Nationality Act (8U.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. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED ACTS OFTORTURE, 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 ``; or; and(2) by adding at the end the following:``(9) one who at any time has engaged in conductdescribed in section 212(a)(3)(E) (relating toassistance in Nazi persecution, participation ingenocide, or commission of acts of torture orextrajudicial killings) or 212(a)(2)(G) (relating tosevere violations of religious freedom).._________________________________________________________________________________________________SEC. 5505. 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 theCriminal Division of the Department of Justice an Office ofSpecial Investigations with the authority to detect andinvestigate, and, where appropriate, to take legal action todenaturalize any alien described in section 212(a)(3)(E).``(2) The Attorney General shall consult with the Secretaryof Homeland Security in making determinations concerning thecriminal prosecution or extradition of aliens described insection 212(a)(3)(E).``(3) In determining the appropriate legal action to takeagainst an alien described in section 212(a)(3)(E),consideration shall be given to--``(A) the availability of criminal prosecutionunder the laws of the United States for any conductthat may form the basis for removal anddenaturalization; or``(B) the availability of extradition of the aliento a foreign jurisdiction that is prepared to undertakea prosecution for such conduct..(b) Authorization of Appropriations.--(1) In general.--There are authorized to beappropriated to the Department of Justice such sums asmay be necessary to carry out the additional dutiesestablished under section 103(h) of the Immigration andNationality Act (as added by this subtitle) in order toensure that the Office of Special Investigationsfulfills its continuing obligations regarding Nazi warcriminals.(2) Availability of funds.--Amounts appropriatedpursuant to paragraph (1) are authorized to remainavailable until expended._________________________________________________________________________________________________SEC. 5506. REPORT ON IMPLEMENTATION._________________________________________________________________________________________________Not later than 180 days after the date of enactment of thisAct, the Attorney General, in consultation with the Secretaryof Homeland Security, shall submit to the Committees on theJudiciary of the Senate and the House of Representatives areport on implementation of this subtitle that includes adescription of--(1) the procedures used to refer matters to theOffice of Special Investigations and other componentswithin the Department of Justice and the Department ofHomeland Security in a manner consistent with theamendments made by this subtitle;(2) the revisions, if any, made to immigrationforms to reflect changes in the Immigration andNationality Act made by the amendments contained inthis subtitle; and(3) the procedures developed, with adequate dueprocess protection, to obtain sufficient evidence todetermine whether an alien may be inadmissible under
    • the terms of the amendments made by this subtitle._________________________________________________________________________________________________SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS._________________________________________________________________________________________________TITLE VI--TERRORISM PREVENTIONSubtitle A--Individual Terrorists as Agents of Foreign Powers(a) In General.--Section 101(b)(1) of the ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) isamended by adding at the end the following new subparagraph:``(C) engages in international terrorism oractivities in preparation therefore; or.(b) Sunset.--The amendment made by subsection (a) shall besubject to the sunset provision in section 224 of Public Law107-56 (115 Stat. 295), including the exception provided insubsection (b) of such section 224._________________________________________________________________________________________________SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGNINTELLIGENCE SURVEILLANCE ACT OF 1978._________________________________________________________________________________________________(a) Additional Reporting Requirements.--The ForeignIntelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)is amended--(1) by redesignating--(A) title VI as title VII; and(B) section 601 as section 701; and(2) by inserting after title V the following newtitle:``TITLE VI--REPORTING REQUIREMENT``SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.``(a) Report.--On a semiannual basis, the Attorney Generalshall submit to the Permanent Select Committee on Intelligenceof the House of Representatives, the Select Committee onIntelligence of the Senate, and the committees on the Judiciaryof the House of Representatives and the Senate, in a mannerconsistent with the protection of the national security, areport setting forth with respect to the preceding 6-monthperiod--``(1) the aggregate number of persons targeted fororders issued under this Act, including a breakdown ofthose targeted for--``(A) electronic surveillance under section105;``(B) physical searches under section 304;``(C) pen registers under section 402; and``(D) access to records under section 501;``(2) the number of individuals covered by an orderissued pursuant to section 101(b)(1)(C);``(3) the number of times that the Attorney Generalhas authorized that information obtained under this Actmay be used in a criminal proceeding or any informationderived therefrom may be used in a criminal proceeding;``(4) a summary of significant legalinterpretations of this Act involving matters beforethe Foreign Intelligence Surveillance Court or theForeign Intelligence Surveillance Court of Review,including interpretations presented in applications orpleadings filed with the Foreign IntelligenceSurveillance Court or the Foreign IntelligenceSurveillance Court of Review by the Department ofJustice; and``(5) copies of all decisions (not includingorders) or opinions of the Foreign IntelligenceSurveillance Court or Foreign Intelligence SurveillanceCourt of Review that include significant constructionor interpretation of the provisions of this Act.``(b) Frequency.--The first report under this section shallbe submitted not later than 6 months after the date ofenactment of this section. Subsequent reports under this
    • section shall be submitted semi-annually thereafter..(b) Clerical Amendment.--The table of for theForeign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) isamended by striking the items relating to title VI andinserting the following new items:``TITLE VI--REPORTING REQUIREMENT``Sec. 601. Semiannual report of the Attorney General.``TITLE VII--EFFECTIVE DATE``Sec. 701. Effective date.._________________________________________________________________________________________________SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN._________________________________________________________________________________________________Subtitle B--Money Laundering and Terrorist FinancingSEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.Subsection (d) of section 310 of title 31, United StatesCode, is amended--(1) by striking ``appropriations.--There areauthorized and inserting ``Appropriations.--``(1) In general.--There are authorized; and(2) by adding at the end the following newparagraph:``(2) Authorization for funding key technologicalimprovements in mission-critical fincen systems.--Thereare authorized to be appropriated for fiscal year 2005the following amounts, which are authorized to remainavailable until expended:``(A) BSA direct.--For technologicalimprovements to provide authorized lawenforcement and financial regulatory agencieswith Web-based access to FinCEN data, to fullydevelop and implement the highly secure networkrequired under section 362 of Public Law 107-56to expedite the filing of, and reduce thefiling costs for, financial institutionreports, including suspicious activity reports,collected by FinCEN under chapter 53 andrelated provisions of law, and enable FinCEN toimmediately alert financial institutions aboutsuspicious activities that warrant immediateand enhanced scrutiny, and to provide andupgrade advanced information-sharingtechnologies to materially improve theGovernments ability to exploit the informationin the FinCEN data banks, $16,500,000.``(B) Advanced analytical technologies.--Toprovide advanced analytical tools needed toensure that the data collected by FinCEN underchapter 53 and related provisions of law areutilized fully and appropriately insafeguarding financial institutions andsupporting the war on terrorism, $5,000,000.``(C) Data networking modernization.--Toimprove the telecommunications infrastructureto support the improved capabilities of theFinCEN systems, $3,000,000.``(D) Enhanced compliance capability.--Toimprove the effectiveness of the Office ofCompliance in FinCEN, $3,000,000.``(E) Detection and prevention of financialcrimes and terrorism.--To provide developmentof, and training in the use of, technology todetect and prevent financial crimes andterrorism within and without the United States,$8,000,000.._________________________________________________________________________________________________SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGYREAUTHORIZATION._________________________________________________________________________________________________
    • (a) Program.--Section 5341(a)(2) of title 31, United StatesCode, is amended--(1) by striking ``February 1 and inserting``August 1; and(2) by striking ``and 2003, and inserting ``2003,2005, and 2007,.(b) Reauthorization of Appropriations.--Section 5355 oftitle 31, United States Code, is amended by adding at the endthe following:``2004............$15,000,000.........................................``2005............$15,000,000......................................._________________________________________________________________________________________________SEC. 6201. SHORT TITLE._________________________________________________________________________________________________Subtitle C--Money Laundering Abatement and Financial Antiterrorism Technical CorrectionsSEC. 6201. SHORT TITLE.This subtitle may be cited as the ``International MoneyLaundering Abatement and Financial Antiterrorism TechnicalCorrections Act of 2004._________________________________________________________________________________________________SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56._________________________________________________________________________________________________(a) The heading of title III of Public Law 107-56 isamended to read as follows:``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIALANTITERRORISM ACT OF 2001.(b) The table of for Public Law 107-56 is amendedby striking the item relating to title III and inserting thefollowing:``TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIALANTITERRORISM ACT OF 2001.(c) Section 302 of Public Law 107-56 is amended--(1) in subsection (a)(4), by striking the commaafter ``movement of criminal funds;(2) in subsection (b)(7), by inserting ``or typesof accounts after ``classes of internationaltransactions; and(3) in subsection (b)(10), by striking``subchapters II and III and inserting ``subchapterII.(d) Section 303(a) of Public Law 107-56 is amended bystriking ``Anti-Terrorist Financing Act and inserting``Financial Antiterrorism Act.(e) The heading for section 311 of Public Law 107-56 isamended by striking ``OR INTERNATIONAL TRANSACTIONS andinserting ``INTERNATIONAL TRANSACTIONS, OR TYPES OF ACCOUNTS.(f) Section 314 of Public Law 107-56 is amended--(1) in paragraph (1)--(A) by inserting a comma after``organizations engaged in; and(B) by inserting a comma after ``credibleevidence of engaging in;(2) in paragraph (2)(A)--(A) by striking ``and after``nongovernmental organizations,; and(B) by inserting a comma after``unwittingly involved in such finances;(3) in paragraph (3)(A)--(A) by striking ``to monitor accounts ofand inserting ``monitor accounts of,; and(B) by striking the comma after``organizations identified; and(4) in paragraph (3)(B), by inserting ``financialafter ``size, and nature of the.(g) Section 321(a) of Public Law 107-56 is amended bystriking ``5312(2) and inserting ``5312(a)(2).(h) Section 325 of Public Law 107-56 is amended by striking``as amended by section 202 of this title, and inserting ``as
    • amended by section 352,.(i) Subsections (a)(2) and (b)(2) of section 327 of PublicLaw 107-56 are each amended by striking ``2001 and all thatfollows and inserting a period.(j) Section 356(c)(4) of Public Law 107-56 is amended bystriking ``or business or other grantor trust and inserting``, business trust, or other grantor trust.(k) Section 358(e) of Public Law 107-56 is amended--(1) by striking ``Section 123(a) and inserting``That portion of section 123(a);(2) by striking ``is amended to read andinserting ``that precedes paragraph (1) of such sectionis amended to read; and(3) in the amendment made in that subsection (e),by striking ``person. and inserting the following:``person--.(l) Section 360 of Public Law 107-56 is amended--(1) in subsection (a), by inserting ``the after``utilization of the funds of; and(2) in subsection (b), by striking ``at suchinstitutions and inserting ``at such institution.(m) Section 362(a)(1) of Public Law 107-56 is amended bystriking ``subchapter II or III and inserting ``subchapterII.(n) Section 365 of Public Law 107-56 is amended--(1) by redesignating the second of the 2subsections designated as subsection (c) (relating to aclerical amendment) as subsection (d); and(2) by redesignating subsection (f) as subsection(e).(o) Section 365(d) of Public Law 107-56 (as so redesignatedby subsection (n) of this section) is amended by striking``section 5332 (as added by section 112 of this title) andinserting ``section 5330._________________________________________________________________________________________________SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW._________________________________________________________________________________________________(a) Section 310(c) of title 31, United States Code, isamended by striking ``the Network each place such termappears and inserting ``FinCEN.(b) Section 5312(a)(3)(C) of title 31, United States Code,is amended by striking ``sections 5333 and 5316 and inserting``sections 5316 and 5331.(c) Section 5318(i) of title 31, United States Code, isamended--(1) in paragraph (3)(B), by inserting a comma after``foreign political figure the second place such termappears; and(2) in the heading of paragraph (4), by striking``Definition and inserting ``Definitions.(d) Section 5318(k)(1)(B) of title 31, United States Code,is amended by striking ``section 5318A(f)(1)(B) and inserting``section 5318A(e)(1)(B).(e) The heading for section 5318A of title 31, UnitedStates Code, is amended to read as follows:``Sec. 5318A. Special measures for jurisdictions, financialinstitutions, international transactions, or typesof accounts of primary money laundering concern.(f) Section 5318A of title 31, United States Code, isamended--(1) in subsection (a)(4)(A), by striking ``, asdefined in section 3 of the Federal Deposit InsuranceAct, and inserting ``(as defined in section 3 of theFederal Deposit Insurance Act);(2) in subsection (a)(4)(B)(iii), by striking ``orclass of transactions and inserting ``class oftransactions, or type of account;(3) in subsection (b)(1)(A), by striking ``or classof transactions to be and inserting ``class oftransactions, or type of account to be; and(4) in subsection (e)(3), by inserting ``or
    • subsection (i) or (j) of section 5318 after``identification of individuals under this section.(g) Section 5324(b) of title 31, United States Code, isamended by striking ``5333 each place such term appears andinserting ``5331.(h) Section 5332 of title 31, United States Code, isamended--(1) in subsection (b)(2), by striking ``, subjectto subsection (d) of this section; and(2) in subsection (c)(1), by striking ``, subjectto subsection (d) of this section,.(i) The table of sections for subchapter II of chapter 53of title 31, United States Code, is amended by striking theitem relating to section 5318A and inserting the following:``5318A. Special measures for jurisdictions, financial institutions,international transactions, or types of accounts of primarymoney laundering concern..(j) Section 18(w)(3) of the Federal Deposit Insurance Act(12 U.S.C. 1828(w)(3)) is amended by inserting a comma after``agent of such institution.(k) Section 21(a)(2) of the Federal Deposit Insurance Act(12 U.S.C. 1829b(a)(2)) is amended by striking ``recognizesthat and inserting ``recognizing that.(l) Section 626(e) of the Fair Credit Reporting Act (15U.S.C. 1681v(e)) is amended by striking ``governmental agencyand inserting ``government agency._________________________________________________________________________________________________SEC. 6204. REPEAL OF REVIEW._________________________________________________________________________________________________Title III of Public Law 107-56 is amended by strikingsection 303 (31 U.S.C. 5311 note)._________________________________________________________________________________________________SEC. 6205. EFFECTIVE DATE._________________________________________________________________________________________________The amendments made by this subchapter to Public Law 107-56, the United States Code, the Federal Deposit Insurance Act,and any other provision of law shall take effect as if suchamendments had been included in Public Law 107-56, as of thedate of enactment of such Public Law, and no amendment made bysuch Public Law that is inconsistent with an amendment made bythis subchapter shall be deemed to have taken effect._________________________________________________________________________________________________SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING._________________________________________________________________________________________________Subtitle D--Additional Enforcement ToolsSEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.(a) Production of Documents.--Section 5114(a) of title 31,United States Code (relating to engraving and printing currencyand security documents), is amended--(1) by striking ``(a) The Secretary of theTreasury and inserting:``(a) Authority To Engrave and Print.--``(1) In general.--The Secretary of the Treasury;and(2) by adding at the end the following newparagraphs:``(2) Engraving and printing for othergovernments.--The Secretary of the Treasury may producecurrency, postage stamps, and other security documentsfor foreign governments if--``(A) the Secretary of the Treasurydetermines that such production will notinterfere with engraving and printing needs ofthe United States; and``(B) the Secretary of State determinesthat such production would be consistent with
    • the foreign policy of the United States.``(3) Procurement guidelines.--Articles, material,and supplies procured for use in the production ofcurrency, postage stamps, and other security documentsfor foreign governments pursuant to paragraph (2) shallbe treated in the same manner as articles, material,and supplies procured for public use within the UnitedStates for purposes of title III of the Act of March 3,1933 (41 U.S.C. 10a et seq.; commonly referred to asthe Buy American Act)..(b) Reimbursement.--Section 5143 of title 31, United StatesCode (relating to payment for services of the Bureau ofEngraving and Printing), is amended--(1) in the first sentence, by inserting ``or to aforeign government under section 5114 after``agency;(2) in the second sentence, by inserting ``andother after ``including administrative; and(3) in the last sentence, by inserting ``, and theSecretary shall take such action, in coordination withthe Secretary of State, as may be appropriate to ensureprompt payment by a foreign government of any invoiceor statement of account submitted by the Secretary withrespect to services rendered under section 5114before the period at the end._________________________________________________________________________________________________SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS._________________________________________________________________________________________________Section 5318 of title 31, United States Code, is amended byadding at the end the following new subsection:``(n) Reporting of Certain Cross-Border Transmittals ofFunds.--``(1) In general.--Subject to paragraphs (3) and(4), the Secretary shall prescribe regulationsrequiring such financial institutions as the Secretarydetermines to be appropriate to report to the FinancialCrimes Enforcement Network certain cross-borderelectronic transmittals of funds, if the Secretarydetermines that reporting of such transmittals isreasonably necessary to conduct the efforts of theSecretary against money laundering and terroristfinancing.``(2) Limitation on reporting requirements.--Information required to be reported by the regulationsprescribed under paragraph (1) shall not exceed theinformation required to be retained by the reportingfinancial institution pursuant to section 21 of theFederal Deposit Insurance Act and the regulationspromulgated thereunder, unless--``(A) the Board of Governors of the FederalReserve System and the Secretary jointlydetermine that a particular item or items ofinformation are not currently required to beretained under such section or suchregulations; and``(B) the Secretary determines, afterconsultation with the Board of Governors of theFederal Reserve System, that the reporting ofsuch information is reasonably necessary toconduct the efforts of the Secretary toidentify cross-border money laundering andterrorist financing.``(3) Form and manner of reports.--In prescribingthe regulations required under paragraph (1), theSecretary shall, subject to paragraph (2), determinethe appropriate form, manner, content, and frequency offiling of the required reports.``(4) Feasibility report.--``(A) In general.--Before prescribing theregulations required under paragraph (1), andas soon as is practicable after the date of
    • enactment of the National Intelligence ReformAct of 2004, the Secretary shall submit areport to the Committee on Banking, Housing,and Urban Affairs of the Senate and theCommittee on Financial Services of the House ofRepresentatives that--``(i) identifies the information incross-border electronic transmittals offunds that may be found in particularcases to be reasonably necessary toconduct the efforts of the Secretary toidentify money laundering and terroristfinancing, and outlines the criteria tobe used by the Secretary to select thesituations in which reporting underthis subsection may be required;``(ii) outlines the appropriateform, manner, content, and frequency offiling of the reports that may berequired under such regulations;``(iii) identifies the technologynecessary for the Financial CrimesEnforcement Network to receive, keep,exploit, protect the security of, anddisseminate information from reports ofcross-border electronic transmittals offunds to law enforcement and otherentities engaged in efforts againstmoney laundering and terroristfinancing; and``(iv) discusses the informationsecurity protections required by theexercise of the Secretarys authorityunder this subsection.``(B) Consultation.--In reporting thefeasibility report under subparagraph (A), theSecretary may consult with the Bank Secrecy ActAdvisory Group established by the Secretary,and any other group considered by the Secretaryto be relevant.``(5) Regulations.--``(A) In general.--Subject to subparagraph(B), the regulations required by paragraph (1)shall be prescribed in final form by theSecretary, in consultation with the Board ofGovernors of the Federal Reserve System, beforethe end of the 3-year period beginning on thedate of enactment of the National IntelligenceReform Act of 2004.``(B) Technological feasibility.--Noregulations shall be prescribed under thissubsection before the Secretary certifies tothe Congress that the Financial CrimesEnforcement Network has the technologicalsystems in place to effectively and efficientlyreceive, keep, exploit, protect the securityof, and disseminate information from reports ofcross-border electronic transmittals of fundsto law enforcement and other entities engagedin efforts against money laundering andterrorist financing.._________________________________________________________________________________________________SEC. 6303. TERRORISM FINANCING._________________________________________________________________________________________________Subtitle E--Criminal History Background ChecksSEC. 6303. TERRORISM FINANCING.(a) Report on Terrorist Financing.--(1) In general.--Not later than 270 days after thedate of enactment of this Act, the President, actingthrough the Secretary of the Treasury, shall submit toCongress a report evaluating the current state of
    • United States efforts to curtail the internationalfinancing of terrorism.(2) --The report required by paragraph (1)shall evaluate and make recommendations on--(A) the effectiveness and efficiency ofcurrent United States governmental efforts andmethods to detect, track, disrupt, and stopterrorist financing;(B) the relationship between terroristfinancing and money laundering, including howthe laundering of proceeds related to illegalnarcotics or foreign political corruption maycontribute to terrorism or terrorist financing;(C) the nature, effectiveness, andefficiency of current efforts to coordinateintelligence and agency operations within theUnited States Government to detect, track,disrupt, and stop terrorist financing,including identifying who, if anyone, hasprimary responsibility for developingpriorities, assigning tasks to agencies, andmonitoring the implementation of policy andoperations;(D) the effectiveness and efficiency ofefforts to protect the critical infrastructureof the United States financial system, and waysto improve the effectiveness of financialinstitutions;(E) ways to improve multilateral andinternational governmental cooperation onterrorist financing, including the adequacy ofagency coordination within the United Statesrelated to participating in internationalcooperative efforts and implementinginternational treaties and compacts; and(F) ways to improve the setting ofpriorities and coordination of United Statesefforts to detect, track, disrupt, and stopterrorist financing, including recommendationsfor changes in executive branch organization orprocedures, legislative reforms, additionalresources, or use of appropriated funds.(b) Postemployment Restriction for Certain Bank and ThriftExaminers.--Section 10 of the Federal Deposit Insurance Act (12U.S.C. 1820) is amended by adding at the end the following:``(k) One-Year Restrictions on Federal Examiners ofFinancial Institutions.--``(1) In general.--In addition to other applicablerestrictions set forth in title 18, United States Code,the penalties set forth in paragraph (6) of thissubsection shall apply to any person who--``(A) was an officer or employee (includingany special Government employee) of a Federalbanking agency or a Federal reserve bank;``(B) served 2 or more months during thefinal 12 months of his or her employment withsuch agency or entity as the senior examiner(or a functionally equivalent position) of adepository institution or depositoryinstitution holding company with continuing,broad responsibility for the examination (orinspection) of that depository institution ordepository institution holding company onbehalf of the relevant agency or Federalreserve bank; and``(C) within 1 year after the terminationdate of his or her service or employment withsuch agency or entity, knowingly acceptscompensation as an employee, officer, director,or consultant from--``(i) such depository institution,any depository institution holdingcompany that controls such depository
    • institution, or any other company thatcontrols such depository institution;or``(ii) such depository institutionholding company or any depositoryinstitution that is controlled by suchdepository institution holding company.``(2) Definitions.--For purposes of thissubsection--``(A) the term `depository institutionincludes an uninsured branch or agency of aforeign bank, if such branch or agency islocated in any State; and``(B) the term `depository institutionholding company includes any foreign bank orcompany described in section 8(a) of theInternational Banking Act of 1978.``(3) Rules of construction.--For purposes of thissubsection, a foreign bank shall be deemed to controlany branch or agency of the foreign bank, and a personshall be deemed to act as a consultant for a depositoryinstitution, depository institution holding company, orother company, only if such person directly works onmatters for, or on behalf of, such depositoryinstitution, depository institution holding company, orother company.``(4) Regulations.--``(A) In general.--Each Federal bankingagency shall prescribe rules or regulations toadminister and carry out this subsection,including rules, regulations, or guidelines todefine the scope of persons referred to inparagraph (1)(B).``(B) Consultation required.--The Federalbanking agencies shall consult with each otherfor the purpose of assuring that the rules andregulations issued by the agencies undersubparagraph (A) are, to the extent possible,consistent, comparable, and practicable, takinginto account any differences in the supervisoryprograms utilized by the agencies for thesupervision of depository institutions anddepository institution holding companies.``(5) Waiver.--``(A) Agency authority.--A Federal bankingagency may grant a waiver, on a case by casebasis, of the restriction imposed by thissubsection to any officer or employee(including any special Government employee) ofthat agency, and the Board of Governors of theFederal Reserve System may grant a waiver ofthe restriction imposed by this subsection toany officer or employee of a Federal reservebank, if the head of such agency certifies inwriting that granting the waiver would notaffect the integrity of the supervisory programof the relevant Federal banking agency.``(B) Definition.--For purposes of thisparagraph, the head of an agency is--``(i) the Comptroller of theCurrency, in the case of the Office ofthe Comptroller of the Currency;``(ii) the Chairman of the Board ofGovernors of the Federal ReserveSystem, in the case of the Board ofGovernors of the Federal ReserveSystem;``(iii) the Chairperson of theBoard of Directors, in the case of theCorporation; and``(iv) the Director of the Officeof Thrift Supervision, in the case ofthe Office of Thrift Supervision.
    • ``(6) Penalties.--``(A) In general.--In addition to any otheradministrative, civil, or criminal remedy orpenalty that may otherwise apply, whenever aFederal banking agency determines that a personsubject to paragraph (1) has become associated,in the manner described in paragraph (1)(C),with a depository institution, depositoryinstitution holding company, or other companyfor which such agency serves as the appropriateFederal banking agency, the agency shall imposeupon such person one or more of the followingpenalties:``(i) Industry-wide prohibitionorder.--The Federal banking agencyshall serve a written notice or orderin accordance with and subject to theprovisions of section 8(e)(4) forwritten notices or orders underparagraph (1) or (2) of section 8(e),upon such person of the intention ofthe agency--``(I) to remove such personfrom office or to prohibit suchperson from furtherparticipation in the conduct ofthe affairs of the depositoryinstitution, depositoryinstitution holding company, orother company for a period ofup to 5 years; and``(II) to prohibit anyfurther participation by suchperson, in any manner, in theconduct of the affairs of anyinsured depository institutionfor a period of up to 5 years.``(ii) Civil monetary penalty.--TheFederal banking agency may, in anadministrative proceeding or civilaction in anappropriate United Statesdistrict court, impose on such person a civil monetary penalty of notmore than $250,000. Any administrative proceeding under this clauseshall be conducted in accordance with section 8(i). In lieu of anaction by the Federal banking agency under this clause, the AttorneyGeneral of the United States may bring a civil action under this clausein the appropriate United States district court.``(B) Scope of prohibition order.--Anyperson subject to an order issued undersubparagraph (A)(i) shall be subject toparagraphs (6) and (7) of section 8(e) in thesame manner and to the same extent as a personsubject to an order issued under such section.``(C) Definitions.--Solely for purposes ofthis paragraph, the `appropriate Federalbanking agency for a company that is not adepository institution or depositoryinstitution holding company shall be theFederal banking agency on whose behalf theperson described in paragraph (1) performed thefunctions described in paragraph (1)(B)..(c) Postemployment Restriction for Certain Credit UnionExaminers.--Section 206 of the Federal Credit Union Act (12U.S.C. 1786) is amended by adding at the end the following:``(w) One-Year Restrictions on Federal Examiners of InsuredCredit Unions.--``(1) In general.--In addition to other applicablerestrictions set forth in title 18, United States Code,the penalties set forth in paragraph (5) of thissubsection shall apply to any person who--``(A) was an officer or employee (includingany special Government employee) of theAdministration;
    • ``(B) served 2 or more months during thefinal 12 months of his or her employment withthe Administration as the senior examiner (or afunctionally equivalent position) of an insuredcredit union with continuing, broadresponsibility for the examination (orinspection) of that insured credit union onbehalf of the Administration; and``(C) within 1 year after the terminationdate of his or her service or employment withthe Administration, knowingly acceptscompensation as an employee, officer, director,or consultant from such insured credit union.``(2) Rule of construction.--For purposes of thissubsection, a person shall be deemed to act as aconsultant for an insured credit union only if suchperson directly works on matters for, or on behalf of,such insured credit union.``(3) Regulations.--``(A) In general.--The Board shallprescribe rules or regulations to administerand carry out this subsection, including rules,regulations, or guidelines to define the scopeof persons referred to in paragraph (1)(B).``(B) Consultation.--In prescribing rulesor regulations under this paragraph, the Boardshall, to the extent it deems necessary,consult with the Federal banking agencies (asdefined in section 3 of the Federal DepositInsurance Act) on regulations issued by suchagencies in carrying out section 10(k) of theFederal Deposit Insurance Act.``(4) Waiver.--The Board may grant a waiver, on acase by case basis, of the restriction imposed by thissubsection to any officer or employee (including anyspecial Government employee) of the Administration ifthe Chairman certifies in writing that granting thewaiver would not affect the integrity of thesupervisory program of the Administration.``(5) Penalties.--``(A) In general.--In addition to any otheradministrative, civil, or criminal remedy orpenalty that may otherwise apply, whenever theBoard determines that a person subject toparagraph (1) has become associated, in themanner described in paragraph (1)(C), with aninsured credit union, the Board shall imposeupon such person one or more of the followingpenalties:``(i) Industry-wide prohibitionorder.--The Board shall serve a writtennotice or order in accordance with andsubject to the provisions of subsection(g)(4) for written notices or ordersunder paragraph (1) or (2) ofsubsection (g), upon such person of theintention of the Board--``(I) to remove such personfrom office or to prohibit suchperson from furtherparticipation in the conduct ofthe affairs of the insuredcredit union for a period of upto 5 years; and``(II) to prohibit anyfurther participation by suchperson, in any manner, in theconduct of the affairs of anyinsured credit union for aperiod of up to 5 years.``(ii) Civil monetary penalty.--TheBoard may, in an administrativeproceeding or civil action in an
    • appropriate United States districtcourt, impose on such person a civilmonetary penalty of not more than$250,000. Any administrative proceedingunder this clause shall be conducted inaccordance with subsection (k). In lieuof an action by the Board under thisclause, the Attorney General of theUnited States may bring a civil actionunder this clause in the appropriateUnited States district court.``(B) Scope of prohibition order.--Anyperson subject to an order issued under thissubparagraph (A)(i) shall be subject toparagraphs (5) and (7) of subsection (g) in thesame manner and to the same extent as a personsubject to an order issued under subsection(g)..(d) Effective Date.--Notwithstanding any other effectivedate established pursuant to this Act, subsection (a) shallbecome effective on the date of enactment of this Act, and theamendments made by subsections (b) and (c) shall becomeeffective at the end of the 12-month period beginning on thedate of enactment of this Act, whether or not final regulationsare issued in accordance with the amendments made by thissection as of that date of enactment._________________________________________________________________________________________________SEC. 6401. PROTECT ACT._________________________________________________________________________________________________Public Law 108-21 is amended--(1) in section 108(a)(2)(A) by striking ``an 18month and inserting ``a 30-month; and(2) in section 108(a)(3)(A) by striking ``an 18-month and inserting ``a 30-month._________________________________________________________________________________________________SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICEREMPLOYMENT._________________________________________________________________________________________________(a) Short Title.--This section may be cited as the``Private Security Officer Employment Authorization Act of2004.(b) Findings.--Congress finds that--(1) employment of private security officers in theUnited States is growing rapidly;(2) private security officers function as anadjunct to, but not a replacement for, public lawenforcement by helping to reduce and prevent crime;(3) such private security officers protectindividuals, property, and proprietary information, andprovide protection to such diverse operations as banks,hospitals, research and development centers,manufacturing facilities, defense and aerospacecontractors, high technology businesses, nuclear powerplants, chemical companies, oil and gas refineries,airports, communication facilities and operations,office complexes, schools, residential properties,apartment complexes, gated communities, and others;(4) sworn law enforcement officers providesignificant services to the citizens of the UnitedStates in its public areas, and are supplemented byprivate security officers;(5) the threat of additional terrorist attacksrequires cooperation between public and private sectorsand demands professional, reliable, and responsiblesecurity officers for the protection of people,facilities, and institutions;(6) the trend in the Nation toward growth in suchsecurity services has accelerated rapidly;
    • (7) such growth makes available more public sectorlaw enforcement officers to combat serious and violentcrimes, including terrorism;(8) the American public deserves the employment ofqualified, well-trained private security personnel asan adjunct to sworn law enforcement officers; and(9) private security officers and applicants forprivate security officer positions should be thoroughlyscreened and trained.(c) Definitions.--In this section:(1) Employee.--The term ``employee includes botha current employee and an applicant for employment as aprivate security officer.(2) Authorized employer.--The term ``authorizedemployer means any person that--(A) employs private security officers; and(B) is authorized by regulationspromulgated by the Attorney General to requesta criminal history record information search ofan employee through a State identificationbureau pursuant to this section.(3) Private security officer.--The term ``privatesecurity officer--(A) means an individual other than anemployee of a Federal, State, or localgovernment, whose primary duty is to performsecurity services, full or part time, forconsideration, whether armed or unarmed and inuniform or plain clothes (except for servicesexcluded from coverage under this Act if theAttorney General determines by regulation thatsuch exclusion would serve the publicinterest); but(B) does not include--(i) employees whose duties areprimarily internal audit or creditfunctions;(ii) employees of electronicsecurity system companies acting astechnicians or monitors; or(iii) employees whose dutiesprimarily involve the secure movementof prisoners.(4) Security services.--The term ``securityservices means acts to protect people or property asdefined by regulations promulgated by the AttorneyGeneral.(5) State identification bureau.--The term ``Stateidentification bureau means the State entitydesignated by the Attorney General for the submissionand receipt of criminal history record information.(d) Criminal History Record Information Search.--(1) In general.--(A) Submission of fingerprints.--Anauthorized employer may submit to the Stateidentification bureau of a participating State,fingerprints or other means of positiveidentification, as determined by the AttorneyGeneral, of an employee of such employer forpurposes of a criminal history recordinformation search pursuant to this Act.(B) Employee rights.--(i) Permission.--An authorizedemployer shall obtain written consentfrom an employee to submit to the Stateidentification bureau of theparticipating State the request tosearch the criminal history recordinformation of the employee under thisAct.(ii) Access.--An authorizedemployer shall provide to the employeeconfidential access to any information
    • relating to the employee received bythe authorized employer pursuant tothis Act.(C) Providing information to the stateidentification bureau.--Upon receipt of arequest for a criminal history recordinformation search from an authorized employerpursuant to this Act, submitted through theState identification bureau of a participatingState, the Attorney General shall--(i) search the appropriate recordsof the Criminal Justice InformationServices Division of the Federal Bureauof Investigation; and(ii) promptly provide any resultingidentification and criminal historyrecord information to the submittingState identification bureau requestingthe information.(D) Use of information.--(i) In general.--Upon receipt ofthe criminal history record informationfrom the Attorney General by the Stateidentification bureau, the informationshall be used only as provided inclause (ii).(ii) Terms.--In the case of--(I) a participating Statethat has no State standards forqualification to be a privatesecurity officer, the Stateshall notify an authorizedemployer as to the fact ofwhether an employee has been--(aa) convicted of afelony, an offenseinvolving dishonesty ora false statement ifthe conviction occurredduring the previous 10years, or an offenseinvolving the use orattempted use ofphysical force againstthe person of anotherif the convictionoccurred during theprevious 10 years; or(bb) charged with acriminal felony forwhich there has been noresolution during thepreceding 365 days; or(II) a participating Statethat has State standards forqualification to be a privatesecurity officer, the Stateshall use the informationreceived pursuant to this Actin applying the State standardsand shall only notify theemployer of the results of theapplication of the Statestandards.(E) Frequency of requests.--An authorizedemployer may request a criminal history recordinformation search for an employee only onceevery 12 months of continuous employment bythat employee unless the authorized employerhas good cause to submit additional requests.(2) Regulations.--Not later than 180 days after thedate of enactment of this Act, the Attorney Generalshall issue such final or interim final regulations as
    • may be necessary to carry out this Act, including--(A) measures relating to the security,confidentiality, accuracy, use, submission,dissemination, destruction of information andaudits, and record keeping;(B) standards for qualification as anauthorized employer; and(C) the imposition of reasonable feesnecessary for conducting the background checks.(3) Criminal penalties for use of information.--Whoever knowingly and intentionally uses anyinformation obtained pursuant to this Act other thanfor the purpose of determining the suitability of anindividual for employment as a private security officershall be fined under title 18, United States Code, orimprisoned for not more than 2 years, or both.(4) User fees.--(A) In general.--The Director of theFederal Bureau of Investigation may--(i) collect fees to processbackground checks provided for by thisAct; and(ii) establish such fees at a levelto include an additional amount todefray expenses for the automation offingerprint identification and criminaljustice information services andassociated costs.(B) Limitations.--Any fee collected underthis subsection--(i) shall, consistent with PublicLaw 101-515 and Public Law 104-99, becredited to the appropriation to beused for salaries and other expensesincurred through providing the servicesdescribed in such Public Laws and insubparagraph (A);(ii) shall be available forexpenditure only to pay the costs ofsuch activities and services; and(iii) shall remain available untilexpended.(C) State costs.--Nothing in this Act shallbe construed as restricting the right of aState to assess a reasonable fee on anauthorized employer for the costs to the Stateof administering this Act.(5) State opt out.--A State may decline toparticipate in the background check system authorizedby this Act by enacting a law or issuing an order bythe Governor (if consistent with State law) providingthat the State is declining to participate pursuant tothis subsection._________________________________________________________________________________________________SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS._________________________________________________________________________________________________(a) In General.--Not later than 180 days after the date ofenactment of this Act, the Attorney General shall report to theJudiciary Committee of the Senate and the Judiciary Committeeof the House of Representatives regarding all statutoryrequirements for criminal history record checks that arerequired to be conducted by the Department of Justice or any ofits components.(b) Definitions.--As used in this section--(1) the terms ``criminal history information and``criminal history records include--(A) an identifying description of theindividual to whom the information or recordspertain;(B) notations of arrests, detentions,indictments, or other formal criminal charges
    • pertaining to such individual; and(C) any disposition to a notation describedin subparagraph (B), including acquittal,sentencing, correctional supervision, orrelease; and(2) the term ``IAFIS means the IntegratedAutomated Fingerprint Identification System of theFederal Bureau of Allocation, which serves as thenational depository for fingerprint, biometric, andcriminal history information, through whichfingerprints are processed electronically.(c) Identification of Information.--The Attorney Generalshall identify--(1) the number of criminal history record checksrequested, including the type of information requested;(2) the usage of different terms and definitionsregarding criminal history information; and(3) the variation in fees charged for suchinformation and who pays such fees.(d) Recommendations.--The Attorney General shall makerecommendations to Congress for improving, standardizing, andconsolidating the existing statutory authorization, programs,and procedures for the conduct of criminal history recordchecks for non-criminal justice purposes. In making theserecommendations to Congress, the Attorney General shallconsider--(1) the effectiveness and efficiency of utilizingcommercially available databases as a supplement toIAFIS criminal history information checks;(2) any security concerns created by the existenceof these commercially available databases concerningtheir ability to provide sensitive information that isnot readily available about law enforcement orintelligence officials, including their identity,residence, and financial status;(3) the effectiveness of utilizing State databases;(4) any feasibility studies by the Department ofJustice of the resources and structure of the FederalBureau of Investigation to establish a system toprovide criminal history information;(5) privacy rights and other employee protections,including--(A) employee consent;(B) access to the records used ifemployment was denied;(C) the disposition of the fingerprintsubmissions after the records are searched;(D) an appeal mechanism; and(E) penalties for misuse of theinformation;(6) the scope and means of processing backgroundchecks for private employers utilizing data maintainedby the Federal Bureau of Investigation that theAttorney General should be allowed to authorize incases where the authority for such checks is notavailable at the State level;(7) any restrictions that should be placed on theability of an employer to charge an employee orprospective employee for the cost associated with thebackground check;(8) which requirements should apply to the handlingof incomplete records;(9) the circumstances under which the criminalhistory information should be disseminated to theemployer;(10) the type of restrictions that should beprescribed for the handling of criminal historyinformation by an employer;(11) the range of Federal and State fees that mightapply to such background check requests;(12) any requirements that should be imposedconcerning the time for responding to such backgroundcheck requests;
    • (13) any infrastructure that may need to bedeveloped to support the processing of such checks,including--(A) the means by which information iscollected and submitted in support of thechecks; and(B) the system capacity needed to processsuch checks at the Federal and State level;(14) the role that States should play; and(15) any other factors that the Attorney Generaldetermines to be relevant to the subject of the report.(e) Consultation.--In developing the report under thissection, the Attorney General shall consult withrepresentatives of State criminal history record repositories,the National Crime Prevention and Privacy Compact Council,appropriate representatives of private industry, andrepresentatives of labor, as determined appropriate by theAttorney General._________________________________________________________________________________________________SEC. 6501. GRAND JURY INFORMATION SHARING._________________________________________________________________________________________________Subtitle F--Grand Jury Information SharingSEC. 6501. GRAND JURY INFORMATION SHARING.(a) Rule Amendments.--Rule 6(e) of the Federal Rules ofCriminal Procedure is amended--(1) in paragraph (3)--(A) in subparagraph (A)(ii), by striking``or state subdivision or of an Indian tribeand inserting ``, state subdivision, Indiantribe, or foreign government;(B) in subparagraph (D)--(i) by inserting after the firstsentence the following: ``An attorneyfor the government may also discloseany grand jury matter involving, withinthe United States or elsewhere, athreat of attack or other grave hostileacts of a foreign power or its agent, athreat of domestic or internationalsabotage or terrorism, or clandestineintelligence gathering activities by anintelligence service or network of aforeign power or by its agent, to anyappropriate Federal, State, Statesubdivision, Indian tribal, or foreigngovernment official, for the purpose ofpreventing or responding to such threator activities.; and(ii) in clause (i)--(I) by striking``federal; and(II) by adding at the endthe following: ``Any State,State subdivision, Indiantribal, or foreign governmentofficial who receivesinformation under Rule6(e)(3)(D) may use theinformation only consistentwith such guidelines as theAttorney General and theDirector of NationalIntelligence shall jointlyissue.; and(C) in subparagraph (E)--(i) by redesignating clauses (iii)and (iv) as clauses (iv) and (v),respectively;(ii) by inserting after clause (ii)the following:``(iii) at the request of the
    • government, when sought by a foreigncourt or prosecutor for use in anofficial criminal investigation;; and(iii) in clause (iv), asredesignated--(I) by striking ``state orIndian tribal and inserting``State, Indian tribal, orforeign; and(II) by striking ``orIndian tribal official andinserting ``Indian tribal, orforeign government official;and(2) in paragraph (7), by inserting ``, or ofguidelines jointly issued by the Attorney General andthe Director of National Intelligence pursuant to Rule6, after ``Rule 6.(b) Conforming Amendment.--Section 203(c) of Public Law107-56 (18 U.S.C. 2517 note) is amended by striking ``Rule6(e)(3)(C)(i)(V) and (VI) and inserting ``Rule 6(e)(3)(D)._________________________________________________________________________________________________SEC. 6601. SHORT TITLE._________________________________________________________________________________________________Subtitle G--Providing Material Support to TerrorismSEC. 6601. SHORT TITLE.This subtitle may be cited as the ``Material Support toTerrorism Prohibition Enhancement Act of 2004._________________________________________________________________________________________________SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION._________________________________________________________________________________________________Chapter 113B of title 18, United States Code, is amended byadding after section 2339C the following new section:``Sec. 2339D. Receiving military-type training from a foreign terroristorganization``(a) Offense.--Whoever knowingly receives military-typetraining from or on behalf of any organization designated atthe time of the training by the Secretary of State undersection 219(a)(1) of the Immigration and Nationality Act as aforeign terrorist organization shall be fined under this titleor imprisoned for ten years, or both. To violate thissubsection, a person must have knowledge that the organizationis a designated terrorist organization (as defined insubsection (c)(4)), that the organization has engaged orengages in terrorist activity (as defined in section 212 of theImmigration and Nationality Act), or that the organization hasengaged or engages in terrorism (as defined in section140(d)(2) of the Foreign Relations Authorization Act, FiscalYears 1988 and 1989).``(b) Extraterritorial Jurisdiction.--There isextraterritorial Federal jurisdiction over an offense underthis section. There is jurisdiction over an offense undersubsection (a) if--``(1) an offender is a national of the UnitedStates (as defined in 101(a)(22) of the Immigration andNationality Act) or an alien lawfully admitted forpermanent residence in the United States (as defined insection 101(a)(20) of the Immigration and NationalityAct);``(2) an offender is a stateless person whosehabitual residence is in the United States;``(3) after the conduct required for the offenseoccurs an offender is brought into or found in theUnited States, even if the conduct required for theoffense occurs outside the United States;``(4) the offense occurs in whole or in part withinthe United States;``(5) the offense occurs in or affects interstate
    • or foreign commerce; or``(6) an offender aids or abets any person overwhom jurisdiction exists under this paragraph incommitting an offense under subsection (a) or conspireswith any person over whom jurisdiction exists underthis paragraph to commit an offense under subsection(a).``(c) Definitions.--As used in this section--``(1) the term `military-type training includestraining in means or methods that can cause death orserious bodily injury, destroy or damage property, ordisrupt services to critical infrastructure, ortraining on the use, storage, production, or assemblyof any explosive, firearm or other weapon, includingany weapon of mass destruction (as defined in section2232a(c)(2));``(2) the term `serious bodily injury has themeaning given that term in section 1365(h)(3);``(3) the term `critical infrastructure meanssystems and assets vital to national defense, nationalsecurity, economic security, public health or safetyincluding both regional and national infrastructure.Critical infrastructure may be publicly or privatelyowned; examples of critical infrastructure include gasand oil production, storage, or delivery systems, watersupply systems, telecommunications networks, electricalpower generation or delivery systems, financing andbanking systems, emergency services (including medical,police, fire, and rescue services), and transportationsystems and services (including highways, mass transit,airlines, and airports); and``(4) the term `foreign terrorist organizationmeans an organization designated as a terroristorganization under section 219(a)(1) of the Immigrationand Nationality Act.._________________________________________________________________________________________________SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM._________________________________________________________________________________________________(a) In General.--Chapter 113B of title 18, United StatesCode, is amended--(1) in section 2332b(g)(5)(B)(i)--(A) by inserting ``1361 (relating togovernment property or contracts), before``1362; and(B) by inserting ``2156 (relating tonational defense material, premises, orutilities), before ``2280; and(2) in section 2339A--(A) by striking ``or before ``section46502; and(B) by inserting ``or any offense listed insection 2332b(g)(5)(B) (except for sections2339A and 2339B) after ``section 60123(b) oftitle 49,.(b) Definitions.--Section 2339A(b) of title 18, UnitedStates Code, is amended to read as follows:``(b) Definitions.--As used in this section--``(1) the term `material support or resourcesmeans any property, tangible or intangible, or service,including currency or monetary instruments or financialsecurities, financial services, lodging, training,expert advice or assistance, safehouses, falsedocumentation or identification, communicationsequipment, facilities, weapons, lethal substances,explosives, personnel (1 or more individuals who may beor include oneself), and transportation, exceptmedicine or religious materials;``(2) the term `training means instruction orteaching designed to impart a specific skill, asopposed to general knowledge; and``(3) the term `expert advice or assistance means
    • advice or assistance derived from scientific, technicalor other specialized knowledge..(c) Addition to Offense of Providing Material Support toTerrorist Organizations.--Section 2339B(a)(1) of title 18,United States Code, is amended--(1) by striking ``, within the United States orsubject to the jurisdiction of the United States,;and(2) by adding at the end the following: ``Toviolate this paragraph, a person must have knowledgethat the organization is a designated terroristorganization (as defined in subsection (g)(6)), thatthe organization has engaged or engages in terroristactivity (as defined in section 212(a)(3)(B) of theImmigration and Nationality Act), or that theorganization has engaged or engages in terrorism (asdefined in section 140(d)(2) of the Foreign RelationsAuthorization Act, Fiscal Years 1988 and 1989)..(d) Federal Authority.--Section 2339B(d) of title 18 isamended by striking ``There and inserting the following:``(1) In general.--There is jurisdiction over anoffense under subsection (a) if--``(A) an offender is a national of theUnited States (as defined in section 101(a)(22)of the Immigration and Nationality Act (8U.S.C. 1101(a)(22))) or an alien lawfullyadmitted for permanent residence in the UnitedStates (as defined in section 101(a)(20) of theImmigration and Nationality Act (8 U.S.C.1101(a)(20)));``(B) an offender is a stateless personwhose habitual residence is in the UnitedStates;``(C) after the conduct required for theoffense occurs an offender is brought into orfound in the United States, even if the conductrequired for the offense occurs outside theUnited States;``(D) the offense occurs in whole or inpart within the United States;``(E) the offense occurs in or affectsinterstate or foreign commerce; or``(F) an offender aids or abets any personover whom jurisdiction exists under thisparagraph in committing an offense undersubsection (a) or conspires with any personover whom jurisdiction exists under thisparagraph to commit an offense under subsection(a)..``(2) Extraterritorial jurisdiction.--There.(e) Definition.--Section 2339B(g)(4) of title 18, UnitedStates Code, is amended to read as follows:``(4) the term `material support or resources hasthe same meaning given that term in section 2339A(including the definitions of `training and `expertadvice or assistance in that section);.(f) Additional Provisions.--Section 2339B of title 18,United States Code, is amended by adding at the end thefollowing:``(h) Provision of Personnel.--No person may be prosecutedunder this section in connection with the term `personnelunless that person has knowingly provided, attempted toprovide, or conspired to provide a foreign terroristorganization with 1 or more individuals (who may be or includehimself) to work under that terrorist organizations directionor control or to organize, manage, supervise, or otherwisedirect the operation of that organization. Individuals who actentirely independently of the foreign terrorist organization toadvance its goals or objectives shall not be considered to beworking under the foreign terrorist organizations directionand control.``(i) Rule of Construction.--Nothing in this section shallbe construed or applied so as to abridge the exercise of rights
    • guaranteed under the First Amendment to the Constitution of theUnited States.``(j) Exception.--No person may be prosecuted under thissection in connection with the term `personnel, `training, or`expert advice or assistance if the provision of that materialsupport or resources to a foreign terrorist organization wasapproved by the Secretary of State with the concurrence of theAttorney General. The Secretary of State may not approve theprovision of any material support that may be used to carry outterrorist activity (as defined in section 212(a)(3)(B)(iii) ofthe Immigration and Nationality Act)..(g) Sunset Provision.--(1) In general.--Except as provided in paragraph(2), this section and the amendments made by thissection shall cease to be effective on December 31,2006.(2) Exception.--This section and the amendmentsmade by this section shall continue in effect withrespect to any particular offense that--(A) is prohibited by this section oramendments made by this section; and(B) began or occurred before December 31,2006._________________________________________________________________________________________________SEC. 6604. FINANCING OF TERRORISM._________________________________________________________________________________________________(a) Financing Terrorism.--Section 2339c(c)(2) of title 18,United States Code, is amended--(1) by striking ``, resources, or funds andinserting ``or resources, or any funds or proceeds ofsuch funds;(2) in subparagraph (A), by striking ``wereprovided and inserting ``are to be provided, orknowing that the support or resources were provided,;and(3) in subparagraph (B)--(A) by striking ``or any proceeds of suchfunds; and(B) by striking ``were provided orcollected and inserting ``are to be providedor collected, or knowing that the funds wereprovided or collected,.(b) Definitions.--Section 2339c(e) of title 18, UnitedStates Code, is amended--(1) by striking ``and at the end of paragraph(12);(2) by redesignating paragraph (13) as paragraph(14); and(3) by inserting after paragraph (12) thefollowing:``(13) the term `material support or resources hasthe same meaning given that term in section 2339B(g)(4)of this title; and_________________________________________________________________________________________________SEC. 6701. SHORT TITLE._________________________________________________________________________________________________Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004SEC. 6701. SHORT TITLE.This subtitle may be cited as the ``Stop Terrorist andMilitary Hoaxes Act of 2004._________________________________________________________________________________________________SEC. 6702. HOAXES AND RECOVERY COSTS._________________________________________________________________________________________________(a) Prohibition on Hoaxes.--Chapter 47 of title 18, UnitedStates Code, is amended by inserting after section 1037 thefollowing:
    • ``Sec. 1038. False information and hoaxes``(a) Criminal Violation.--``(1) In general.--Whoever engages in any conductwith intent to convey false or misleading informationunder circumstances where such information mayreasonably be believed and where such informationindicates that an activity has taken, is taking, orwill take place that would constitute a violation ofchapter 2, 10, 11B, 39, 40, 44, 111, or 113B of thistitle, section 236 of the Atomic Energy Act of 1954 (42U.S.C. 2284), or section 46502, the second sentence ofsection 46504, section 46505 (b)(3) or (c), section46506 if homicide or attempted homicide is involved, orsection 60123(b) of title 49, shall--``(A) be fined under this title orimprisoned not more than 5 years, or both;``(B) if serious bodily injury results, befined under this title or imprisoned not morethan 20 years, or both; and``(C) if death results, be fined under thistitle or imprisoned for any number of years upto life, or both.``(2) Armed forces.--Any person who makes a falsestatement, with intent to convey false or misleadinginformation, about the death, injury, capture, ordisappearance of a member of the Armed Forces of theUnited States during a war or armed conflict in whichthe United States is engaged--``(A) shall be fined under this title,imprisoned not more than 5 years, or both;``(B) if serious bodily injury results,shall be fined under this title, imprisoned notmore than 20 years, or both; and``(C) if death results, shall be finedunder this title, imprisoned for any number ofyears or for life, or both.``(b) Civil Action.--Whoever engages in any conduct withintent to convey false or misleading information undercircumstances where such information may reasonably be believedand where such information indicates that an activity hastaken, is taking, or will take place that would constitute aviolation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B ofthis title, section 236 of the Atomic Energy Act of 1954 (42U.S.C. 2284), or section 46502, the second sentence of section46504, section 46505 (b)(3) or (c), section 46506 if homicideor attempted homicide is involved, or section 60123(b) of title49 is liable in a civil action to any party incurring expensesincident to any emergency or investigative response to thatconduct, for those expenses.``(c) Reimbursement.--``(1) In general.--The court, in imposing asentence on a defendant who has been convicted of anoffense under subsection (a), shall order the defendantto reimburse any state or local government, or privatenot-for-profit organization that provides fire orrescue service incurring expenses incident to anyemergency or investigative response to that conduct,for those expenses.``(2) Liability.--A person ordered to makereimbursement under this subsection shall be jointlyand severally liable for such expenses with each otherperson, if any, who is ordered to make reimbursementunder this subsection for the same expenses.``(3) Civil judgment.--An order of reimbursementunder this subsection shall, for the purposes ofenforcement, be treated as a civil judgment.``(d) Activities of Law Enforcement.--This section does notprohibit any lawfully authorized investigative, protective, orintelligence activity of a law enforcement agency of the UnitedStates, a State, or political subdivision of a State, or of anintelligence agency of the United States..(b) Clerical Amendment.--The table of sections as thebeginning of chapter 47 of title 18, United States Code, is
    • amended by adding after the item for section 1037 thefollowing:``1038. False information and hoaxes.._________________________________________________________________________________________________SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES._________________________________________________________________________________________________(a) Enhanced Penalty.--Section 1001(a) and the thirdundesignated paragraph of section 1505 of title 18, UnitedStates Code, are amended by striking ``be fined under thistitle or imprisoned not more than 5 years, or both andinserting ``be fined under this title, imprisoned not more than5 years or, if the offense involves international or domesticterrorism (as defined in section 2331), imprisoned not morethan 8 years, or both.(b) Sentencing Guidelines.--Not later than 30 days of theenactment of this section, the United States SentencingCommission shall amend the Sentencing Guidelines to provide foran increased offense level for an offense under sections1001(a) and 1505 of title 18, United States Code, if theoffense involves international or domestic terrorism, asdefined in section 2331 of such title._________________________________________________________________________________________________SEC. 6704. CLARIFICATION OF DEFINITION._________________________________________________________________________________________________Section 1958 of title 18, United States Code, is amended--(1) in subsection (a), by striking ``facility inand inserting ``facility of; and(2) in subsection (b)(2), by inserting ``orforeign after ``interstate._________________________________________________________________________________________________SEC. 6801. SHORT TITLE._________________________________________________________________________________________________Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 2004SEC. 6801. SHORT TITLE.This subtitle may be cited as the ``Weapons of MassDestruction Prohibition Improvement Act of 2004._________________________________________________________________________________________________SEC. 6802. WEAPONS OF MASS DESTRUCTION._________________________________________________________________________________________________(a) Expansion of Jurisdictional Bases and Scope.--Section2332a of title 18, United States Code, is amended--(1) so that paragraph (2) of subsection (a) readsas follows:``(2) against any person or property within theUnited States, and``(A) the mail or any facility ofinterstate or foreign commerce is used infurtherance of the offense;``(B) such property is used in interstateor foreign commerce or in an activity thataffects interstate or foreign commerce;``(C) any perpetrator travels in or causesanother to travel in interstate or foreigncommerce in furtherance of the offense; or``(D) the offense, or the results of theoffense, affect interstate or foreign commerce,or, in the case of a threat, attempt, orconspiracy, would have affected interstate orforeign commerce;;(2) in paragraph (3) of subsection (a), by strikingthe comma at the end and inserting ``; or;(3) in subsection (a), by adding the following atthe end:
    • ``(4) against any property within the United Statesthat is owned, leased, or used by a foreigngovernment,;(4) at the end of subsection (c)(1), by striking``and;(5) in subsection (c)(2), by striking the period atthe end and inserting ``; and; and(6) in subsection (c), by adding at the end thefollowing:``(3) the term `property includes all real andpersonal property..(b) Restoration of the Coverage of Chemical Weapons.--Section 2332a of title 18, United States Code, as amended bysubsection (a), is further amended--(1) in the section heading, by striking``certain;(2) in subsection (a), by striking ``(other than achemical weapon as that term is defined in section229F); and(3) in subsection (b), by striking ``(other than achemical weapon (as that term is defined in section229F)).(c) Expansion of Categories of Restricted Persons Subjectto Prohibitions Relating to Select Agents.--Section 175b(d)(2)of title 18, United States Code, is amended--(1) in subparagraph (G) by--(A) inserting ``(i) after ``(G);(B) inserting ``, or (ii) acts for or onbehalf of, or operates subject to the directionor control of, a government or official of acountry described in this subparagraph after``terrorism; and(C) striking ``or after the semicolon.(2) in subparagraph (H) by striking the period andinserting ``; or; and(3) by adding at the end the following newsubparagraph:``(I) is a member of, acts for or on behalfof, or operates subject to the direction orcontrol of, a terrorist organization as definedin section 212(a)(3)(B)(vi) of the Immigrationand Nationality Act (8 U.S.C.1182(a)(3)(B)(vi))..(d) Conforming Amendment to Regulations.--(1) Section 175b(a)(1) of title 18, United StatesCode, is amended by striking ``as a select agent inAppendix A and all that follows and inserting thefollowing: ``as a non-overlap or overlap selectbiological agent or toxin in sections 73.4 and 73.5 oftitle 42, Code of Federal Regulations, pursuant tosection 351A of the Public Health Service Act, and isnot excluded under sections 73.4 and 73.5 or exemptedunder section 73.6 of title 42, Code of FederalRegulations..(2) The amendment made by paragraph (1) shall takeeffect at the same time that sections 73.4, 73.5, and73.6 of title 42, Code of Federal Regulations, becomeeffective.(e) Enhancing Prosecution of Weapons of Mass DestructionOffenses.--Section 1961(1)(B) of title 18, United States Code,is amended by adding at the end the following: ``sections 175-178 (relating to biological weapons), sections 229-229F(relating to chemical weapons), section 831 (relating tonuclear materials),._________________________________________________________________________________________________SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THEUNITED STATES._________________________________________________________________________________________________(a) Section 57(b) of the Atomic Energy Act of 1954 (42U.S.C. 2077(b)) is amended by striking ``in the production ofany special nuclear material and inserting ``or participate
    • in the development or production of any special nuclearmaterial.(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C.2122) is amended--(1) by inserting ``, inside or outside of theUnited States, after ``for any person; and(2) by inserting ``participate in the developmentof, after ``interstate or foreign commerce,.(c) Title 18, United States Code, is amended--(1) in the table of sections at the beginning ofchapter 39, by inserting after the item relating tosection 831 the following:``832. Participation in nuclear and weapons of mass destruction threatsto the United States.;(2) by inserting after section 831 the following:``Sec. 832. Participation in nuclear and weapons of mass destructionthreats to the United States``(a) Whoever, within the United States or subject to thejurisdiction of the United States, willfully participates in orknowingly provides material support or resources (as defined insection 2339A) to a nuclear weapons program or other weapons ofmass destruction program of a foreign terrorist power, orattempts or conspires to do so, shall be imprisoned for notmore than 20 years.``(b) There is extraterritorial Federal jurisdiction overan offense under this section.``(c) Whoever without lawful authority develops, possesses,or attempts or conspires to develop or possess a radiologicalweapon, or threatens to use or uses a radiological weaponagainst any person within the United States, or a national ofthe United States while such national is outside of the UnitedStates or against any property that is owned, leased, funded,or used by the United States, whether that property is withinor outside of the United States, shall be imprisoned for anyterm of years or for life.``(d) As used in this section--``(1) `nuclear weapons program means a program orplan for the development, acquisition, or production ofany nuclear weapon or weapons;``(2) `weapons of mass destruction program means aprogram or plan for the development, acquisition, orproduction of any weapon or weapons of mass destruction(as defined in section 2332a(c));``(3) `foreign terrorist power means a terroristorganization designated under section 219 of theImmigration and Nationality Act, or a state sponsor ofterrorism designated under section 6(j) of the ExportAdministration Act of 1979 or section 620A of theForeign Assistance Act of 1961; and``(4) `nuclear weapon means any weapon thatcontains or uses nuclear material as defined in section831(f)(1).; and(3) in section 2332b(g)(5)(B)(i), by insertingafter ``nuclear materials), the following: ``832(relating to participation innuclear and weapons ofmass destruction threats to the United States)._________________________________________________________________________________________________SEC. 6901. SHORT TITLE._________________________________________________________________________________________________Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 2004SEC. 6901. SHORT TITLE.This subtitle may be cited as the ``Prevention of TerroristAccess to Destructive Weapons Act of 2004._________________________________________________________________________________________________SEC. 6902. FINDINGS AND PURPOSE._________________________________________________________________________________________________(a) Findings.--Congress makes the following findings:(1) The criminal use of man-portable air defense
    • systems (referred to in this section as ``MANPADS)presents a serious threat to civil aviation worldwide,especially in the hands of terrorists or foreign statesthat harbor them.(2) Atomic weapons or weapons designed to releaseradiation (commonly known as ``dirty bombs) could beused by terrorists to inflict enormous loss of life anddamage to property and the environment.(3) Variola virus is the causative agent ofsmallpox, an extremely serious, contagious, andsometimes fatal disease. Variola virus is classified asa Category A agent by the Centers for Disease Controland Prevention, meaning that it is believed to pose thegreatest potential threat for adverse public healthimpact and has a moderate to high potential for largescaledissemination. The last case of smallpox in theUnited States was in 1949. The last naturally occurringcase in the world was in Somalia in 1977. Althoughsmallpox has been officially eradicated after asuccessful worldwide vaccination program, there remaintwo official repositories of the variola virus forresearch purposes. Because it is so dangerous, thevariola virus may appeal to terrorists.(4) The use, or even the threatened use, ofMANPADS, atomic or radiological weapons, or the variolavirus, against the United States, its allies, or itspeople, poses a grave risk to the security, foreignpolicy, economy, and environment of the United States.Accordingly, the United States has a compellingnational security interest in preventing unlawfulactivities that lead to the proliferation or spread ofsuch items, including their unauthorized production,construction, acquisition, transfer, possession,import, or export. All of these activities markedlyincrease the chances that such items will be obtainedby terrorist organizations or rogue states, which coulduse them to attack the United States, its allies, orUnited States nationals or corporations.(5) There is no legitimate reason for a privateindividual or company, absent explicit governmentauthorization, to produce, construct, otherwiseacquire, transfer, receive, possess, import, export, oruse MANPADS, atomic or radiological weapons, or thevariola virus.(b) Purpose.--The purpose of this subtitle is to combat thepotential use of weapons that have the ability to causewidespread harm to United States persons and the United Stateseconomy (and that have no legitimate private use) and tothreaten or harm the national security or foreign relations ofthe United States._________________________________________________________________________________________________SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT._________________________________________________________________________________________________Chapter 113B of title 18, United States Code, is amended byadding 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 knowinglyproduce, construct, otherwise acquire, transferdirectly or indirectly, receive, possess, import,export, or use, or possess and threaten to use--``(A) an explosive or incendiary rocket ormissile that is guided by any system designedto enable the rocket or missile to--``(i) seek or proceed toward energyradiated or reflected from an aircraftor toward an image locating anaircraft; or``(ii) otherwise direct or guidethe rocket or missile to an aircraft;
    • ``(B) any device designed or intended tolaunch or guide a rocket or missile describedin subparagraph (A); or``(C) any part or combination of partsdesigned or redesigned for use in assembling orfabricating a rocket, missile, or devicedescribed in subparagraph (A) or (B).``(2) Nonweapon.--Paragraph (1)(A) does not applyto any device that is neither designed nor redesignedfor use as a weapon.``(3) Excluded conduct.--This subsection does notapply with respect to--``(A) conduct by or under the authority ofthe United States or any department or agencythereof or of a State or any department oragency thereof; or``(B) conduct pursuant to the terms of acontract with the United States or anydepartment or agency thereof or with a State orany 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 interstateor foreign commerce;``(2) the offense occurs outside of the UnitedStates and is committed by a national of the UnitedStates;``(3) the offense is committed against a nationalof the United States while the national is outside theUnited States;``(4) the offense is committed against any propertythat is owned, leased, or used by the United States orby any department or agency of the United States,whether the property is within or outside the UnitedStates; or``(5) an offender aids or abets any person overwhom jurisdiction exists under this subsection incommitting an offense under this section or conspireswith any person over whom jurisdiction exists underthis subsection to commit an offense under thissection.``(c) Criminal Penalties.--``(1) In general.--Any person who violates, orattempts or conspires to violate, subsection (a) shallbe fined not more than $2,000,000 and shall besentenced to a term of imprisonment not less than 25years or to imprisonment for life.``(2) Other circumstances.--Any person who, in thecourse of a violation of subsection (a), uses, attemptsor conspires to use, or possesses and threatens to use,any item or items described in subsection (a), shall befined not more than$2,000,000 and imprisoned for notless than 30 years or imprisoned for life.``(3) Special circumstances.--If the death ofanother results from a persons violation of subsection(a), the person shall be fined not more than $2,000,000and punished by imprisonment 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. 6904. ATOMIC WEAPONS._________________________________________________________________________________________________(a) Prohibitions.--Section 92 of the Atomic Energy Act of1954 (42 U.S.C. 2122) is amended--(1) by inserting at the beginning ``a. before``It;(2) by inserting ``knowingly after ``for anyperson to;(3) by striking ``or before ``export;(4) by striking ``transfer or receive in interstate
    • or foreign commerce, before ``manufacture;(5) by inserting ``receive, after ``acquire,;(6) by inserting ``, or use, or possess andthreaten to use, before ``any atomic weapon; and(7) by inserting at the end the following:``b. Conduct prohibited by subsection a. is within thejurisdiction of the United States if--``(1) the offense occurs in or affects interstateor foreign commerce; the offense occurs outside of theUnited States and is committed by a national of theUnited States;``(2) the offense is committed against a nationalof the United States while the national is outside theUnited States;``(3) the offense is committed against any propertythat is owned, leased, or used by the United States orby any department or agency of the United States,whether the property is within or outside the UnitedStates; or``(4) an offender aids or abets any person overwhom jurisdiction exists under this subsection incommitting an offense under this section or conspireswith any person over whom jurisdiction exists underthis subsection to commit an offense under thissection..(b) Violations.--Section 222 of the Atomic Energy Act of1954 (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 toviolate, section 92 shall be fined not more than $2,000,000 andsentenced to a term of imprisonment not less than 25 years orto imprisonment for life. Any person who, in the course of aviolation of section 92, uses, attempts or conspires to use, orpossesses and threatens to use, any atomic weapon shall befined not more than $2,000,000 and imprisoned for not less than30 years or imprisoned for life. If the death of anotherresults from a persons violation of section 92, the personshall be fined not more than $2,000,000 and punished byimprisonment for life.._________________________________________________________________________________________________SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES._________________________________________________________________________________________________Chapter 113B of title 18, United States Code, is amended byadding 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 knowinglyproduce, construct, otherwise acquire, transferdirectly or indirectly, receive, possess, import,export, or use, or possess and threaten to use--``(A) any weapon that is designed orintended to release radiation or radioactivityat a level dangerous to human life; or``(B) or any device or other object that iscapable of and designed or intended to endangerhuman life through the release of radiation orradioactivity.``(2) Exception.--This subsection does not applywith respect to--``(A) conduct by or under the authority ofthe United States or any department or agencythereof; or``(B) conduct pursuant to the terms of acontract with the United States or anydepartment 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 interstateor foreign commerce;``(2) the offense occurs outside of the UnitedStates and is committed by a national of the UnitedStates;``(3) the offense is committed against a nationalof the United States while the national is outside theUnited States;``(4) the offense is committed against any propertythat is owned, leased, or used by the United States orby any department or agency of the United States,whether the property is within or outside the UnitedStates; or``(5) an offender aids or abets any person overwhom jurisdiction exists under this subsection incommitting an offense under this section or conspireswith any person over whom jurisdiction exists underthis subsection to commit an offense under thissection.``(c) Criminal Penalties.--``(1) In general.--Any person who violates, orattempts or conspires to violate, subsection (a) shallbe fined not more than $2,000,000 and shall sentencedto a term of imprisonment not less than 25 years or toimprisonment for life.``(2) Other circumstances.--Any person who, in thecourse of a violation of subsection (a), uses, attemptsor conspires to use, or possesses and threatens to use,any item or items described in subsection (a), shall befined not more than $2,000,000 and imprisoned for notless than 30 years or imprisoned for life.``(3) Special circumstances.--If the death ofanother results from a persons violation of subsection(a), the person shall be fined not more than $2,000,000and punished by imprisonment for life.._________________________________________________________________________________________________SEC. 6906. VARIOLA VIRUS._________________________________________________________________________________________________Chapter 10 of title 18, United States Code, is amended byinserting 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 knowinglyproduce, engineer, synthesize, acquire, transferdirectly or indirectly, receive, possess, import,export, or use, or possess and threaten to use, variolavirus.``(2) Exception.--This subsection does not apply toconduct by, or under the authority of, the Secretary ofHealth 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 interstateor foreign commerce;``(2) the offense occurs outside of the UnitedStates and is committed by a national of the UnitedStates;``(3) the offense is committed against a nationalof the United States while the national is outside theUnited States;``(4) the offense is committed against any propertythat is owned, leased, or used by the United States orby any department or agency of the United States,whether the property is within or outside the UnitedStates; or``(5) an offender aids or abets any person overwhom jurisdiction exists under this subsection incommitting an offense under this section or conspireswith any person over whom jurisdiction exists underthis subsection to commit an offense under this
    • section.``(c) Criminal Penalties.--``(1) In general.--Any person who violates, orattempts or conspires to violate, subsection (a) shallbe fined not more than $2,000,000 and shall besentenced to a term of imprisonment not less than 25years or to imprisonment for life.``(2) Other circumstances.--Any person who, in thecourse of a violation of subsection (a), uses, attemptsor conspires to use, or possesses and threatens to use,any item or items described in subsection (a), shall befined not more than $2,000,000 and imprisoned for notless than 30 years or imprisoned for life.``(3) Special circumstances.--If the death ofanother results from a persons violation of subsection(a), the person shall be fined not more than $2,000,000and punished by imprisonment for life.``(d) Definition.--As used in this section, the term`variola virus means a virus that can cause human smallpox orany derivative of the variola major virus that contains morethan 85 percent of the gene sequence of the variola major virusor the variola minor virus.._________________________________________________________________________________________________SEC. 6907. INTERCEPTION OF COMMUNICATIONS._________________________________________________________________________________________________Section 2516(1) of title 18, United States Code, isamended--(1) in paragraph (a), by inserting ``2122 andafter ``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. 6908. AMENDMENTS TO SECTION 2332B(G)(5)(B) OF TITLE 18, UNITED STATES CODE._________________________________________________________________________________________________Section 2332b(g)(5)(B) of title 18, United States Code, isamended--(1) in clause (i)--(A) by inserting before ``2339 (relating toharboring terrorists) the following: ``2332g(relating to missile systems designed todestroy aircraft), 2332h (relating toradiological dispersal devices),; and(B) by inserting ``175c (relating tovariola virus), after ``175 or 175b (relatingto biological weapons),; and(2) in clause (ii)--(A) by striking ``section and inserting``sections 92 (relating to prohibitionsgoverning atomic weapons) or; and(B) by inserting ``2122 or before``2284._________________________________________________________________________________________________SEC. 6909. AMENDMENTS TO SECTION 1956(C)(7)(D) OF TITLE 18, UNITED STATES CODE._________________________________________________________________________________________________Section 1956(c)(7)(D), title 18, United States Code, isamended--(1) by inserting after ``section 152 (relating toconcealment of assets; false oaths and claims;bribery), the following: ``section 175c (relating tothe variola virus),;(2) by inserting after ``section 2332(b) (relatingto international terrorist acts transcending nationalboundaries), the following: ``section 2332g (relating
    • to missile systems designed to destroy aircraft),section 2332h (relating to radiological dispersaldevices),; and(3) striking ``or after ``any felony violation ofthe Foreign Agents Registration Act of 1938, andafter ``any felony violation of the Foreign CorruptPractices Act, striking ``; and inserting ``, orsection 92 of the Atomic Energy Act of 1954 (42 U.S.C.2122) (relating to prohibitions governing atomicweapons)._________________________________________________________________________________________________SEC. 6910. EXPORT LICENSING PROCESS._________________________________________________________________________________________________Section 38(g)(1)(A) of the Arms Export Control Act (22U.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 ofTerrorist Access to Destructive Weapons Act of 2004,relating to missile systems designed to destroyaircraft (18 U.S.C. 2332g), prohibitions governingatomic weapons (42 U.S.C. 2122), radiological dispersaldevices (18 U.S.C. 2332h), and variola virus (18 U.S.C.175b);._________________________________________________________________________________________________SEC. 6911. CLERICAL AMENDMENTS._________________________________________________________________________________________________(a) Chapter 113B.--The table of sections for chapter 113Bof title 18, United States Code, is amended by inserting thefollowing 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 oftitle 18, United States Code, is amended by inserting thefollowing item after the item for section 175b:``175c. Variola virus.._________________________________________________________________________________________________SEC. 6951. SHORT TITLE._________________________________________________________________________________________________Subtitle K--Pretrial Detention of TerroristsSEC. 6951. SHORT TITLE.This subtitle may be cited as the ``Pretrial Detention ofTerrorists Act of 2004._________________________________________________________________________________________________SEC. 6952. 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 ``theMaritime; and(B) by inserting ``or an offense listed insection 2332b(g)(5)(B) of title 18, UnitedStates Code, for which a maximum term ofimprisonment of 10 years or more isprescribed after ``or 2332b of this title,;and(2) in subsections (f)(1)(A) and (g)(1), byinserting ``, or an offense listed in section2332b(g)(5)(B) for which a maximum term of imprisonmentof 10 years or more is prescribed after ``violenceeach place such term appears.TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONSSEC. 7001. SHORT TITLE.
    • _________________________________________________________________________________________________SEC. 7001. SHORT TITLE._________________________________________________________________________________________________TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONSSEC. 7001. SHORT TITLE.This title may be cited as the ``9/11 CommissionImplementation Act of 2004._________________________________________________________________________________________________SEC. 7101. FINDINGS._________________________________________________________________________________________________Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on TerrorismSEC. 7101. FINDINGS.Consistent with the report of the National Commission onTerrorist Attacks Upon the United States, Congress makes thefollowing findings:(1) Long-term success in the war on terrorismdemands the use of all elements of national power,including diplomacy, military action, intelligence,covert action, law enforcement, economic policy,foreign aid, public diplomacy, and homeland defense.(2) To win the war on terrorism, the United Statesmust assign to economic and diplomatic capabilities thesame strategic priority that is assigned to militarycapabilities.(3) The legislative and executive branches of theGovernment of the United States must commit to robust,long-term investments in all of the tools necessary forthe foreign policy of the United States to successfullyaccomplish the goals of the United States.(4) The investments referred to in paragraph (3)will require increased funding to United States foreignaffairs programs in general, and to priority areas asdescribed in this title in particular._________________________________________________________________________________________________SEC. 7102. TERRORIST SANCTUARIES._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Complex terrorist operations require locationsthat provide such operations sanctuary frominterference by Government or law enforcementpersonnel.(2) A terrorist sanctuary existed in Afghanistanbefore September 11, 2001.(3) The terrorist sanctuary in Afghanistan provideddirect and indirect value to members of al Qaeda whoparticipated in the terrorist attacks on the UnitedStates on September 11, 2001, and in other terroristoperations.(4) Terrorist organizations have fled to some ofthe least governed and most lawless places in the worldto find sanctuary.(5) During the 21st century, terrorists are oftenfocusing on remote regions and failing states aslocations to seek sanctuary.(b) Sense of Congress on United States Policy on TerroristSanctuaries.--It is the sense of Congress that it should be thepolicy of the United States--(1) to identify foreign countries that are beingused as terrorist sanctuaries;(2) to assess current United States resources andtools being used to assist foreign governments toeliminate such sanctuaries;(3) to develop and implement a coordinated strategyto prevent terrorists from using such foreign countries
    • as sanctuaries; and(4) to work in bilateral and multilateral fora toelicit the cooperation needed to identify and addressterrorist sanctuaries that may exist today, but, sofar, remain unknown to governments.(c) Amendments to Existing Law To Include TerroristSanctuaries.--(1) In general.--Section 6(j) of the ExportAdministration Act of 1979 (50 U.S.C. App. 2405(j)) isamended--(A) by redesignating paragraph (5) asparagraph (6); and(B) by inserting after paragraph (4) thefollowing:``(5)(A) As used in paragraph (1), the term`repeatedly provided support for acts of internationalterrorism shall include the recurring use of any partof the territory of the country as a sanctuary forterrorists or terrorist organizations.``(B) In this paragraph--``(i) the term `territory of a countrymeans the land, waters, and airspace of thecountry; and``(ii) the term `sanctuary means an areain the territory of a country--``(I) that is used by a terroristor terrorist organization--``(aa) to carry outterrorist activities, includingtraining, financing, andrecruitment; or``(bb) as a transit point;and``(II) the government of whichexpressly consents to, or withknowledge, allows, tolerates, ordisregards such use of itsterritory..(2) Rule of construction.--Nothing in thissubsection or the amendments made by this subsectionshall be construed as affecting any determination madeby the Secretary of State pursuant to section 6(j) ofthe Export Administration Act of 1979 with respect to acountry prior to the date of enactment of this Act.(3) Implementation.--The President shall implementthe amendments made by paragraph (1) by exercising theauthorities of the President under the InternationalEmergency Economic Powers Act (50 U.S.C. 1701 et seq.).(d) Amendments to Global Patterns of Terrorism Report.--(1) In general.--Section 140(a)(1) of the ForeignRelations Authorization Act, Fiscal Years 1988 and 1989(22 U.S.C. 2656f(a)(1)) is amended--(A) by striking ``(1) and inserting``(1)(A);(B) by redesignating subparagraphs (A)through (C) as clauses (i) through (iii),respectively;(C) in subparagraph (A)(iii) (asredesignated), by adding ``and at the end;and(D) by adding at the end the following:``(B) detailed assessments with respect toeach foreign country whose territory is beingused as a sanctuary for terrorists or terroristorganizations;.(2) --Section 140(b) of such Act (22U.S.C. 2656f(b)) is amended--(A) in paragraph (1)--(i) in the matter precedingsubparagraph (A), by striking``subsection (a)(1) and inserting``subsection (a)(1)(A); and(ii) by striking ``and at the
    • end;(B) by redesignating paragraph (2) asparagraph (3);(C) by inserting after paragraph (1) thefollowing:``(2) with respect to subsection (a)(1)(B)--``(A) the extent of knowledge by thegovernment of the country with respect toterrorist activities in the territory of thecountry; and``(B) the actions by the country--``(i) to eliminate each terroristsanctuary in the territory of thecountry;``(ii) to cooperate with UnitedStates antiterrorism efforts; and``(iii) to prevent theproliferation of and trafficking inweapons of mass destruction in andthrough the territory of thecountry;;(D) in paragraph (3), as redesignated, bystriking the period at the end and inserting asemicolon; and(E) by inserting after paragraph (3) thefollowing:``(4) a strategy for addressing, and where possibleeliminating, terrorist sanctuaries that shall include--``(A) a description of terroristsanctuaries, together with an assessment of thepriorities of addressing and eliminating suchsanctuaries;``(B) an outline of strategies fordisrupting or eliminating the security providedto terrorists by such sanctuaries;``(C) a description of efforts by theUnited States to work with other countries inbilateral and multilateral fora to address oreliminate terrorist sanctuaries and disrupt oreliminate the security provided to terroristsby such sanctuaries; and``(D) a description of long-term goals andactions designed to reduce the conditions thatallow the formation of terrorist sanctuaries;and``(5) an update of the information contained in thereport required to be transmitted to Congress under7119(b) of the9/11 Commission Implementation Act of 2004..(3) Definitions.--Section 140(d) of the ForeignRelations Authorization Act, Fiscal Years 1988 and 1989(22 U.S.C. 2656f(d)) is amended--(A) in paragraph (2), by striking ``andat the end;(B) in paragraph (3), by striking theperiod at the end and inserting a semicolon;and(C) by adding at the end the following:``(4) the terms `territory and `territory of thecountry mean the land, waters, and airspace of thecountry; and``(5) the terms `terrorist sanctuary and`sanctuary mean an area in the territory of thecountry--``(A) that is used by a terrorist orterrorist organization--``(i) to carry out terroristactivities, including training,fundraising, financing, andrecruitment; or``(ii) as a transit point; and``(B) the government of which expresslyconsents to, or with knowledge, allows,
    • tolerates, or disregards such use of itsterritory and is not subject to a determinationunder--``(i) section 6(j)(1)(A) of theExport Administration Act of 1979 (50U.S.C. App. 2405(j)(1)(A));``(ii) section 620A(a) of theForeign Assistance Act of 1961 (22U.S.C. 2371(a)); or``(iii) section 40(d) of the ArmsExport Control Act (22 U.S.C.2780(d))..(4) Effective date.--The amendments made by thissubsection apply with respect to the report required tobe transmitted under section 140 of the ForeignRelations Authorization Act, Fiscal Years 1988 and 1989(22 U.S.C. 2656f), by April 30, 2006, and by April 30of each subsequent year._________________________________________________________________________________________________SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) The Government of Pakistan has a critical roleto perform in the struggle against terrorism.(2) Due to its location, topography, socialconditions, and other factors, Pakistan can beattractive to extremists seeking refuge oropportunities to recruit or train, or a place fromwhich to operate against Coalition Forces inAfghanistan.(3) A stable Pakistan, with a moderate, responsiblegovernment that serves as a voice of tolerance in theMuslim world, is critical to stability in the region.(b) Sense of Congress.--It is the sense of Congress thatthe United States should--(1) help to ensure a promising, stable, and securefuture for Pakistan over the long term;(2) provide a comprehensive program of assistanceto encourage and enable Pakistan--(A) to continue and improve upon itscommitment to combating extremists;(B) to seek to resolve any outstandingdifficulties with its neighbors and othercountries in its region;(C) to continue to make efforts to fullycontrol its territory and borders;(D) to progress toward becoming a moreeffective and participatory democracy;(E) to participate more vigorously in theglobal marketplace and to continue to modernizeits economy;(F) to take all necessary steps to halt thespread of weapons of mass destruction;(G) to improve and expand access toeducation for all citizens; and(H) to increase the number and level ofexchanges between the Pakistani people and theAmerican people; and(3) continue to provide assistance to Pakistan atnot less than the overall levels requested by thePresident for fiscal year 2005.(c) Extension of Pakistan Waivers.--The Act entitled ``AnAct to authorize the President to exercise waivers of foreignassistance restrictions with respect to Pakistan throughSeptember 30, 2003, and for other purposes, approved October27, 2001 (Public Law 107-57; 115 Stat. 403), as amended bysection 2213 of the Emergency Supplemental Appropriations Actfor Defense and for the Reconstruction of Iraq and Afghanistan,2004 (Public Law 108-106; 117 Stat. 1232), is further amended--
    • (1) in section 1(b)--(A) in the heading, by striking ``FiscalYear 2004 and inserting ``Fiscal Years 2005and 2006; and(B) in paragraph (1), by striking ``2004and inserting ``2005 or 2006;(2) in section 3(2), by striking ``and 2004, andinserting ``2004, 2005, and 2006; and(3) in section 6, by striking ``2004 andinserting ``2006._________________________________________________________________________________________________SEC. 7104. ASSISTANCE FOR AFGHANISTAN._________________________________________________________________________________________________(a) Short Title.--This section may be cited as the``Afghanistan Freedom Support Act Amendments of 2004.(b) Coordination of assistance.--(1) Findings.--Consistent with the report of theNational Commission on Terrorist Attacks Upon theUnited States, Congress makes the following findings:(A) The United States and its allies in theinternational community have made progress inpromoting economic and political reform withinAfghanistan, including the establishment of acentral government with a democraticconstitution, a new currency, and a new army,the increase of personal freedom, and theelevation of the standard of living of manyAfghans.(B) A number of significant obstacles mustbe overcome if Afghanistan is to become asecure and prosperous democracy, and such atransition depends in particular upon--(i) improving security throughoutthe country;(ii) disarming and demobilizingmilitias;(iii) curtailing the rule of thewarlords;(iv) promoting equitable economicdevelopment;(v) protecting the human rights ofthe people of Afghanistan;(vi) continuing to hold electionsfor public officials; and(vii) ending the cultivation,production, and trafficking ofnarcotics.(C) The United States and the internationalcommunity must make a long-term commitment toaddressing the unstable security situation inAfghanistan and the burgeoning narcotics trade,endemic poverty, and other serious problems inAfghanistan in order to prevent that countryfrom relapsing into a sanctuary forinternational terrorism.(2) Sense of congress.--It is the sense of Congressthat the United States Government should take, withrespect to Afghanistan, the following actions:(A) Work with other nations to obtain longtermsecurity, political, and financialcommitments and fulfillment of pledges to theGovernment of Afghanistan to accomplish theobjectives of the Afghanistan Freedom SupportAct of 2002 (22 U.S.C. 7501 et seq.),especially to ensure a secure, democratic, andprosperous Afghanistan that respects the rightsof its citizens and is free of internationalterrorist organizations.(B) Use the voice and vote of the UnitedStates in relevant international organizations,including the North Atlantic Treaty
    • Organization and the United Nations SecurityCouncil, to strengthen internationalcommitments to assist the Government ofAfghanistan in enhancing security, buildingnational police and military forces, increasingcounter-narcotics efforts, and expandinginfrastructure and public services throughoutthe country.(C) Take appropriate steps to increase theassistance provided under programs of theDepartment of State and the United StatesAgency for International Development throughoutAfghanistan and to increase the number ofpersonnel of those agencies in Afghanistan asnecessary to support the increased assistance.(c) Coordinator for Assistance.--(1) Findings.--Congress makes the followingfindings:(A) The Final Report of the NationalCommission on Terrorist Attacks Upon the UnitedStates criticized the provision of UnitedStates assistance to Afghanistan for being tooinflexible.(B) The Afghanistan Freedom Support Act of2002 (22 U.S.C. 7501 et seq.) containsprovisions that provide for flexibility in theprovision of assistance for Afghanistan and arenot subject to the requirements of typicalforeign assistance programs and provide for thedesignation of a coordinator to oversee UnitedStates assistance for Afghanistan.(2) Designation of coordinator.--Section 104(a) ofthe Afghanistan Freedom Support Act of 2002 (22 U.S.C.7514(a)) is amended in the matter preceding paragraph(1) by striking ``is strongly urged to and inserting``shall.(d) Assistance Plan; International Coordination.--Section104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.7514) is amended by adding at the end the following:``(c) Assistance Plan.--``(1) Submission to congress.--The coordinatordesignated under subsection (a) shall annually submitthe Afghanistan assistance plan of the Administrationto--``(A) the Committee on Foreign Relations ofthe Senate;``(B) the Committee on InternationalRelations of the House of Representatives;``(C) the Committee on Appropriations ofthe Senate; and``(D) the Committee on Appropriations ofthe House of Representatives.``(2) --The assistance plan submittedunder paragraph (1) shall describe--``(A) how the plan relates to the strategyprovided pursuant to section 304; and``(B) how the plan builds upon UnitedStates assistance provided to Afghanistan since2001.``(d) Coordination With International Community.--``(1) In general.--The coordinator designated undersubsection (a) shall work with the internationalcommunity and the Government of Afghanistan to ensurethat assistance to Afghanistan is implemented in acoherent, consistent, and efficient manner to preventduplication and waste.``(2) International financial institutions.--Thecoordinator designated under subsection (a), under thedirection of the Secretary of State, shall work throughthe Secretary of the Treasury and the United StatesExecutive Directors at the international financialinstitutions (as defined in section 1701(c)(2) of theInternational Financial Institutions Act (22 U.S.C.
    • 262r(c)(2))) to coordinate United States assistance forAfghanistan with international financial institutions.(e) General Provisions Relating to the Afghanistan FreedomSupport Act of 2002.--(1) Assistance to promote economic, political andsocial development.--(A) Declaration of policy.--Congressreaffirms the authorities contained in title Iof the Afghanistan Freedom Support Act of 2002(22 U.S.C. 7501 et seq.), relating to economicand democratic development assistance forAfghanistan.(B) Provision of assistance.--Section103(a) of such Act (22 U.S.C. 7513(a)) isamended in the matter preceding paragraph (1)by striking ``section 512 of Public Law 107-115or any other similar and inserting ``anyother.(2) Declarations of general policy.--Congress makesthe following declarations:(A) The United States reaffirms the supportthat it and other countries expressed for thereport entitled ``Securing AfghanistansFuture in their Berlin Declaration of April2004. The United States should help enable thegrowth needed to create an economicallysustainable Afghanistan capable of the povertyreduction and social development foreseen inthe report.(B) The United States supports theparliamentary elections to be held inAfghanistan by April 2005 and will help ensurethat such elections are not undermined,including by warlords or narcotics traffickers.(C) The United States continues to urgeNorth Atlantic Treaty Organization members andother friendly countries to make much greatermilitary contributions toward securing thepeace in Afghanistan.(3) Form of reports.--Section 304 of theAfghanistan Freedom Support Act of 2002 (22 U.S.C.7554) is amended--(A) by striking ``The Secretary andinserting the following:``(a) In General.--The Secretary;(B) by striking ``The first report andinserting the following:``(b) Deadline For Submission.--The first report; and(C) by adding at the end the following:``(c) Form of Reports.--Any report or other matter that isrequired to be submitted to Congress (including a committee ofCongress) by this Act may contain a classified annex..(4) Long-term strategy.--(A) Strategy.--Title III of the AfghanistanFreedom Support Act of 2002 (22 U.S.C. 7551 etseq.) is amended by adding at the end thefollowing:``SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.``(a) Strategy.--``(1) In general.--Not later than 180 days afterthe date of enactment of this section, the Presidentshall formulate a 5-year strategy for Afghanistan andsubmit such strategy to--``(A) the Committee on Foreign Relations ofthe Senate;``(B) the Committee on InternationalRelations of the House of Representatives;``(C) the Committee on Appropriations ofthe Senate; and``(D) the Committee on Appropriations ofthe House of Representatives.``(2) --The strategy formulated underparagraph (1) shall include specific and measurable
    • goals for addressing the long-term development andsecurity needs of Afghanistan, including sectors suchas agriculture and irrigation, parliamentary anddemocratic development, the judicial system and rule oflaw, human rights, education, health,telecommunications, electricity, womens rights,counternarcotics, police, border security, anticorruption,and other law-enforcement activities, aswell as the anticipated costs and time framesassociated with achieving those goals.``(b) Monitoring.--``(1) Annual report.--The President shall transmiton an annual basis through 2010 a report describing theprogress made toward the implementation of the strategyrequired by subsection (a) and any changes to thestrategy since the date of the submission of the lastreport to--``(A) the Committee on Foreign Relations ofthe Senate;``(B) the Committee on InternationalRelations of the House of Representatives;``(C) the Committee on Appropriations ofthe Senate; and``(D) the Committee on Appropriations ofthe House of Representatives..(B) Clerical amendment.--The table of for such Act (22 U.S.C. 7501 note) isamended by adding after the item relating tosection 303 the following new item:``Sec. 305. Formulation of long-term strategy for Afghanistan..(f) Education, the Rule of Law, and Related Issues.--(1) Declaration of policy.--Congress declares that,although Afghanistan has adopted a new constitution andmade progress on primary education, the United Statesmust invest in a concerted effort in Afghanistan toimprove the rule of law, good governance, and effectivepolicing, to accelerate work on secondary anduniversity education systems, and to establish newinitiatives to increase the capacity of civil society.(2) Amendment.--Section 103(a)(5) of theAfghanistan Freedom Support Act of 2002 (22 U.S.C.7513(a)(5)) is amended to read as follows:``(5) Education, the rule of law, and relatedissues.--``(A) Education.--To assist in thedevelopment of the capacity of the Governmentof Afghanistan to provide education to thepeople of Afghanistan, including assistancesuch as--``(i) support for an educatedcitizenry through improved access tobasic education, with particularemphasis on basic education forchildren, especially orphans;``(ii) programs to enable theGovernment of Afghanistan to recruitand train teachers, with special focuson the recruitment and training offemale teachers;``(iii) programs to enable theGovernment of Afghanistan to developschool curricula that incorporaterelevant information such as landmineawareness, food security andagricultural education, civiceducation, and human rights education,including education relating toreligious freedom;``(iv) programs to construct,renovate, or rebuild, and to equip andprovide teacher training, for primaryschools, secondary schools, anduniversities; and
    • ``(v) programs to increaseeducational exchanges and partnershipsbetween the United States andAfghanistan.``(B) Rule of law.--To assist in thedevelopment of the rule of law and goodgovernance and reduced corruption inAfghanistan, including assistance such as--``(i) support for the activities ofthe Government of Afghanistan toimplement its constitution, to developmodern legal codes and court rules, toprovide for the creation of legalassistance programs, and otherinitiatives to promote the rule of lawin Afghanistan;``(ii) support for improvements inthe capacity and physicalinfrastructure of the justice system inAfghanistan, such as for professionaltraining (including for women) toimprove the administration of justice,for programs to enhance prosecutorialand judicial capabilities and toprotect participants in judicial cases,for improvements in the instruction oflaw enforcement personnel (includinghuman rights training), and for thepromotion of civilian police roles thatsupport democracy;``(iii) support for rehabilitationand rebuilding of courthouses anddetention facilities;``(iv) support for the effectiveadministration of justice at thenational, regional, and local levels,including programs to improve penalinstitutions and the rehabilitation ofprisoners, and to establish aresponsible and community-based policeforce;``(v) support to increase thetransparency, accountability, andparticipatory nature of governmentalinstitutions, including programsdesigned to combat corruption and otherprograms for the promotion of goodgovernance, such as the development ofregulations relating to financialdisclosure for public officials,political parties, and candidates forpublic office, and transparentbudgeting processes and financialmanagement systems;``(vi) support for establishment ofa central bank and central budgetingauthority;``(vii) support for internationalorganizations that provide civiladvisers to the Government ofAfghanistan; and``(viii) support for Afghan andinternational efforts to investigatehuman rights atrocities committed inAfghanistan by the Taliban regime,opponents of such regime, and terroristgroups operating in Afghanistan,including the collection of forensicevidence relating to such atrocities.``(C) Civil society and democracy.--Tosupport the development of democraticinstitutions in Afghanistan, includingassistance for--
    • ``(i) international monitoring andobserving of, and the promotion of,free and fair elections;``(ii) strengthening democraticpolitical parties;``(iii) international exchanges andprofessional training for members orofficials of government, political, andcivic or other nongovernmentalentities;``(iv) national, regional, andlocal elections and political partydevelopment;``(v) an independent media;``(vi) programs that support theexpanded participation of women andmembers of all ethnic groups ingovernment at national, regional, andlocal levels; and``(vii) programs to strengthencivil society organizations thatpromote human rights, includingreligious freedom, freedom ofexpression, and freedom of association,and support human rights monitoring.``(D) Protection of sites.--To provide forthe protection of Afghanistans culture,history, and national identity, including therehabilitation of Afghanistans museums andsites of cultural significance..(3) Conforming amendment.--Section 103(a)(4) of theAfghanistan Freedom Support Act of 2002 (22 U.S.C.7513(a)(4)) is amended--(A) in subparagraph (K), by striking``and at the end;(B) in subparagraph (L), by striking theperiod at the end and inserting ``; and; and(C) by adding at the end the following:``(M) assistance in identifying andsurveying key road and rail routes that areessential for economic renewal in Afghanistanand the region and support for theestablishment of a customs service and trainingfor customs officers..(g) Monitoring of Assistance for Afghanistan.--Section 103of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.7513), is amended by adding at the end the following:``(d) Monitoring of Assistance for Afghanistan.--``(1) Report.--``(A) In general.--The Secretary of State,in consultation with the Administrator for theUnited States Agency for InternationalDevelopment, shall submit to the Committee onForeign Relations of the Senate and theCommittee on International Relations of theHouse of Representatives a report on theobligations of United States assistance forAfghanistan from all United States Governmentdepartments and agencies.``(B) --Each such report shall setforth, for the preceding annual period andcumulatively, a description of--``(i) the activities and thepurposes for which funds wereobligated;``(ii) the source of the fundsstated specifically by fiscal year,agency, and program;``(iii) the participation of eachUnited States Government department oragency; and``(iv) such other information asthe Secretary considers appropriate to
    • fully inform Congress on such matters.``(C) Additional requirements.--The firstreport submitted under this paragraph shallinclude a cumulative account of informationdescribed in subparagraph (B) from all priorperiods beginning with fiscal year 2001. Thefirst report under this paragraph shall besubmitted not later than March 15, 2005.Subsequent reports shall be submitted every 12months thereafter and may be included in thereport required under section 206(c)(2).``(2) Submission of information for report.--Thehead of each United States Government agency referredto in paragraph (1) shall provide on a timely basis tothe Secretary of State such information as theSecretary may reasonably require to allow the Secretaryto prepare and submit the report required underparagraph (1)..(h) United States Policy To Support Disarmament of PrivateMilitias and Expansion of International Peacekeeping andSecurity Operations in Afghanistan.--(1) United states policy relating to disarmament ofprivate militias.--(A) In general.--It shall be the policy ofthe United States to take immediate steps toprovide active support for the disarmament,demobilization, and reintegration of armedsoldiers, particularly child soldiers, inAfghanistan, in close consultation with thePresident of Afghanistan.(B) Report.--The report required undersection 206(c)(2) of the Afghanistan FreedomSupport Act of 2002(22 U.S.C. 7536(c)(2)) shallinclude a description of the progress to implement paragraph (1).(2) International peacekeeping and securityoperations.--Section 206 of such Act (22 U.S.C. 7536)is amended by adding at the end the following:``(e) United States Policy Relating To InternationalPeacekeeping and Security Operations.--It shall be the policyof the United States to make every effort to support theexpansion of international peacekeeping and security operationsin Afghanistan in order to--``(1) increase the area in which security isprovided and undertake vital tasks related to promotingsecurity, such as disarming warlords, militias, andirregulars, and disrupting opium production; and``(2) safeguard highways in order to allow the freeflow of commerce and to allow material assistance tothe people of Afghanistan, and aid personnel inAfghanistan, to move more freely..(i) Efforts To Expand International Peacekeeping andSecurity Operations in Afghanistan.--Section 206(d)(1) of theAfghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1))is amended to read as follows:``(1) Efforts to expand international peacekeepingand security operations in afghanistan.--``(A) Efforts.--The President shallencourage, and, as authorized by law, enableother countries to actively participate inexpanded international peacekeeping andsecurity operations in Afghanistan, especiallythrough the provision of military personnel forextended periods of time.``(B) Reports.--The President shall prepareand transmit a report on the efforts carriedout pursuant to subparagraph (A) to theCommittee on Foreign Relations of the Senateand the Committee on International Relations ofthe House of Representatives. The first reportunder this subparagraph shall be transmittednot later than 60 days after the date of theenactment of the Afghanistan Freedom SupportAct Amendments of 2004 and subsequent reports
    • shall be transmitted every 6 months thereafterand may be included in the report required bysubsection (c)(2)..(j) Provisions Relating to Counternarcotics Efforts inAfghanistan.--(1) Authorization of assistance.--Section103(a)(3)(A) of the Afghanistan Freedom Support Act of2002 (22 U.S.C. 7513(a)(3)(A)) is amended--(A) in clause (i), by striking ``establishcrop substitution programs, and inserting``promote alternatives to poppy cultivation,including the introduction of high value cropsthat are suitable for export and the provisionof appropriate technical assistance and creditmechanisms for farmers,;(B) in clause (ii), by inserting before thesemicolon at the end the following: ``, and tocreate special counternarcotics courts,prosecutors, and places of incarceration;(C) in clause (iii), by inserting beforethe semicolon at the end the following: ``, inparticular, notwithstanding section 660 of theForeign Assistance Act of 1961 (22 U.S.C.2420), by providing non-lethal equipment,training (including training in internationallyrecognized standards of human rights, the ruleof law, anti-corruption, and the promotion ofcivilian police roles that support democracy),and payments, during fiscal years 2005 through2008, for salaries for special counternarcoticspolice and supporting units;(D) in clause (iv), by striking ``and atthe end;(E) in clause (v), by striking the periodat the end and inserting ``; and; and(F) by adding after clause (v) thefollowing:``(vi) assist the Afghan NationalArmy with respect to any of theactivities under this paragraph..(2) Sense of congress and report.--Title II of theAfghanistan Freedom Support Act of 2002 (22 U.S.C. 7531et seq.) is amended--(A) by redesignating sections 207 and 208as sections 208 and 209, respectively; and(B) by inserting after section 206 thefollowing:``SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTSIN AFGHANISTAN.``(a) Sense of Congress.--It is the sense of Congressthat--``(1) the President should make the substantialreduction of illegal drug production and trafficking inAfghanistan a priority in the Global War on Terrorism;``(2) the Secretary of Defense, in coordinationwith the Secretary of State and the heads of otherappropriate Federal agencies, should expand cooperationwith the Government of Afghanistan and internationalorganizations involved in counter-drug activities toassist in providing a secure environment for counterdrugpersonnel in Afghanistan; and``(3) the United States, in conjunction with theGovernment of Afghanistan and coalition partners,should undertake additional efforts to reduce illegaldrug trafficking and related activities that providefinancial support for terrorist organizations inAfghanistan and neighboring countries.``(b) Report Required.--(1) The Secretary of Defense andthe Secretary of State shall jointly prepare a report thatdescribes--``(A) the progress made toward substantiallyreducing poppy cultivation and heroin productioncapabilities in Afghanistan; and
    • ``(B) the extent to which profits from illegal drugactivity in Afghanistan are used to financially supportterrorist organizations and groups seeking to underminethe Government of Afghanistan.``(2) The report required by this subsection shall besubmitted to Congress not later than 120 days after the date ofthe enactment of the 9/11 Recommendations ImplementationAct..(3) Clerical amendment.--The table of forsuch Act (22 U.S.C. 7501 note) is amended by strikingthe items relating to sections 207 and 208 andinserting the following:``Sec. 207. Sense of Congress and report regarding counter-drug effortsin Afghanistan.``Sec. 208. Relationship to other authority.``Sec. 209. Authorization of appropriations..(k) Additional Amendments to Afghanistan Freedom SupportAct of 2002.--(1) Extension of reports on implementation ofstrategy.--Section 206(c)(2) of the Afghanistan FreedomSupport Act of 2002 (22 U.S.C. 7536(c)(2)) is amendedin the matter preceding subparagraph (A) by striking``2007 and inserting ``2010.(2) Technical amendment.--Section 103(a)(7)(A)(xii)of such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amendedby striking ``National and inserting ``AfghanIndependent.(l) Repeal of Prohibition on Assistance.--Section 620D ofthe Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating toprohibition on assistance to Afghanistan) is repealed.(m) Authorization of Appropriations.--Section 108(a) of theAfghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a))is amended by striking ``$1,825,000,000 for fiscal year 2004and all that follows and inserting ``such sums as may benecessary for each of the fiscal years 2005 and 2006.._________________________________________________________________________________________________SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Despite a long history of friendly relationswith the United States, there have been problems incooperation between the United States and Saudi Arabia.(2) The Government of Saudi Arabia has not alwaysresponded promptly or fully to United States requestsfor assistance in the global war on Islamist terrorism.(3) The Government of Saudi Arabia has not done allit can to prevent financial or other support from beingprovided to, or reaching, extremist organizations inSaudi Arabia or other countries.(4) Counterterrorism cooperation between theGovernments of the United States and Saudi Arabia hasimproved significantly since the terrorist bombingattacks in Riyadh, Saudi Arabia, on May 12, 2003, andthe Government of Saudi Arabia is now pursuing al Qaedaand other terror groups operating inside Saudi Arabia.(5) The United States must enhance its cooperationand strong relationship with Saudi Arabia based upon ashared and public commitment to political and economicreform, greater tolerance and respect for religious andcultural diversity and joint efforts to prevent fundingfor and support of extremist organizations in SaudiArabia and elsewhere.(b) Sense of Congress.--It is the sense of Congress thatthere should be a more robust dialogue between the people andGovernment of the United States and the people and Governmentof Saudi Arabia in order to improve the relationship betweenthe United States and Saudi Arabia._________________________________________________________________________________________________
    • SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) While support for the United States hasplummeted in the Islamic world, many negative views areuninformed, at best, and, at worst, are informed bycoarse stereotypes and caricatures.(2) Local newspapers in countries withpredominantly Muslim populations and influentialbroadcasters who reach Muslim audiences throughsatellite television often reinforce the idea that thepeople 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 shouldoffer an example of moral leadership in the world thatincludes a commitment to treat all people humanely,abide by the rule of law, and be generous to the peopleand governments of other countries;(2) the United States should cooperate withgovernments of countries with predominantly Muslimpopulations to foster agreement on respect for humandignity and opportunity, and to offer a vision of abetter future that includes stressing life over death,individual educational and economic opportunity,widespread political participation, contempt forviolence, respect for the rule of law, openness indiscussing differences, and tolerance for opposingpoints of view;(3) the United States should encourage reform,freedom, democracy, and opportunity for Muslims; and(4) the United States should work to defeatextremism in all its form, especially in nations withpredominantly Muslim populations by providingassistance to governments, non-governmentalorganizations, and individuals who promotemodernization._________________________________________________________________________________________________SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS._________________________________________________________________________________________________(a) Finding.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress finds that short-term gains enjoyed by the UnitedStates through cooperation with repressive dictatorships haveoften been outweighed by long-term setbacks for the stature andinterests of the United States.(b) Sense of Congress.--It is the sense of Congress that--(1) United States foreign policy should promote theimportance of individual educational and economicopportunity, encourage widespread politicalparticipation, condemn violence, and promote respectfor the rule of law, openness in discussing differencesamong people, and tolerance for opposing points ofview; and(2) the United States Government must encourage thegovernments of all countries with predominantly Muslimpopulations, including those that are friends andallies of the United States, to promote the value oflife and the importance of individual education andeconomic opportunity, encourage widespread politicalparticipation, condemn violence and promote the rule oflaw, openness in discussing differences among people,and tolerance for opposing points of view._________________________________________________________________________________________________SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES._________________________________________________________________________________________________
    • (a) Promotion of United States Values Through BroadcastMedia.--(1) Findings.--Consistent with the report of theNational Commission on Terrorist Attacks Upon theUnited States, Congress makes the following findings:(A) Although the United States hasdemonstrated and promoted its values indefending Muslims against tyrants and criminalsin Somalia, Bosnia, Kosovo, Afghanistan, andIraq, this message is neither convincinglypresented nor widely understood.(B) If the United States does not act tovigorously define its message in countries withpredominantly Muslim populations, the image ofthe United States will be defined by Islamicextremists who seek to demonize the UnitedStates.(C) Recognizing that many Muslim audiencesrely on satellite television and radio, theUnited States Government has launched promisinginitiatives in television and radiobroadcasting to the Islamic world, includingIran and Afghanistan.(2) Sense of congress.--It is the sense of Congressthat--(A) the United States must do more todefend and promote its values and ideals to thebroadest possible audience in countries withpredominantly Muslim populations;(B) United States efforts to defend andpromote these values and ideals are beginningto ensure that accurate expressions of thesevalues reach large Muslim audiences and shouldbe robustly supported;(C) the United States Government could andshould do more to engage Muslim audiences inthe struggle of ideas; and(D) the United States Government shouldmore intensively employ existing broadcastmedia in the Islamic world as part of thisengagement.(b) Enhancing Free and Independent Media.--(1) Findings.--Congress makes the followingfindings:(A) Freedom of speech and freedom of thepress are fundamental human rights.(B) The United States has a nationalinterest in promoting these freedoms bysupporting free media abroad, which isessential to the development of free anddemocratic societies consistent with our own.(C) Free media is undermined, endangered,or nonexistent in many repressive andtransitional societies around the world,including in Eurasia, Africa, and the MiddleEast.(D) Individuals lacking access to aplurality of free media are vulnerable tomisinformation and propaganda and arepotentially more likely to adopt anti-UnitedStates views.(E) Foreign governments have aresponsibility to actively and publiclydiscourage and rebut unprofessional andunethical media while respecting journalisticintegrity and editorial independence.(2) Statement of policy.--It shall be the policy ofthe United States, acting through the Secretary ofState, to--(A) ensure that the promotion of freedom ofthe press and freedom of media worldwide is apriority of United States foreign policy and an
    • integral component of United States publicdiplomacy;(B) respect the journalistic integrity andeditorial independence of free media worldwide;and(C) ensure that widely accepted standardsfor professional and ethical journalistic andeditorial practices are employed when assessinginternational media.(c) Establishment of Media Network.--(1) Grants for establishment of network.--TheSecretary of State shall, utilizing amounts authorizedto be appropriated by subsection (e)(2), make grants tothe National Endowment for Democracy (NED) under theNational Endowment for Democracy Act (22 U.S.C. 4411 etseq.) for utilization by the Endowment to providefunding to a private sector group to establish andmanage a free and independent media network asspecified in paragraph (2).(2) Media network.--The media network establishedusing funds under paragraph (1) shall provide aneffective forum to convene a broad range ofindividuals, organizations, and governmentalparticipants involved in journalistic activities andthe development of free and independent media in orderto--(A) fund a clearinghouse to collect andshare information concerning internationalmedia development and training;(B) improve research in the field of mediaassistance and program evaluation to betterinform decisions regarding funding and programdesign for government and private donors;(C) explore the most appropriate use ofexisting means to more effectively encouragethe involvement of the private sector in thefield of media assistance; and(D) identify effective methods for thedevelopment of a free and independent media insocieties in transition.(d) Authorizations of Appropriations.--(1) In general.--There are authorized to beappropriated for each of fiscal years 2005 and 2006,unless otherwise authorized by Congress, such sums asmay be necessary to carry out United States Governmentbroadcasting activities consistent with this sectionunder the United States Information and EducationalExchange Act of 1948 (22 U.S.C. 1431 et seq.), theUnited States International Broadcasting Act of 1994(22 U.S.C. 6201 et seq.), and the Foreign AffairsReform and Restructuring Act of 1998 (22 U.S.C. 6501 etseq.), and to carry out other activities under thissection consistent with the purposes of such Acts,unless otherwise authorized by Congress.(2) Grants for media network.--In addition to theamounts authorized to be appropriated under paragraph(1), there are authorized to be appropriated for eachof fiscal years 2005 and 2006, unless otherwiseauthorized by Congress, such sums as may be necessaryfor grants under subsection (c)(1) for theestablishment of the media network described insubsection (c)(2)._________________________________________________________________________________________________SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE._________________________________________________________________________________________________(a) In General.--The State Department Basic Authorities Actof 1956 (22 U.S.C. 2651a et seq.) is amended by inserting aftersection 59 the following new section:``SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OFSTATE.``(a) Integral Component.--The Secretary of State shall
    • make public diplomacy an integral component in the planning andexecution of United States foreign policy.``(b) Coordination and Development of Strategy.--TheSecretary shall make every effort to--``(1) coordinate, subject to the direction of thePresident, the public diplomacy activities of Federalagencies; and``(2) coordinate with the Broadcasting Board ofGovernors to--``(A) develop a comprehensive and coherentstrategy for the use of public diplomacyresources; and``(B) develop and articulate long-termmeasurable objectives for United States publicdiplomacy.``(c) Objectives.--The strategy developed pursuant tosubsection (b) shall include public diplomacy efforts targetingdeveloped and developing countries and select and generalaudiences, using appropriate media to properly explain theforeign policy of the United States to the governments andpopulations of such countries, with the objectives ofincreasing support for United States policies and providingnews and information. The Secretary shall, through the mosteffective mechanisms, counter misinformation and propagandaconcerning the United States. The Secretary shall continue toarticulate the importance of freedom, democracy, and humanrights as fundamental principles underlying United Statesforeign policy goals.``(d) Identification of United States Foreign Assistance.--In cooperation with the United States Agency for InternationalDevelopment (USAID) and other public and private assistanceorganizations and agencies, the Secretary should ensure thatinformation relating to foreign assistance provided by theUnited States, nongovernmental organizations, and privateentities of the United States is disseminated widely, andparticularly, to the extent practicable, within countries andregions that receive such assistance. The Secretary shouldensure that, to the extent practicable, projects funded byUSAID not involving commodities, including projects implementedby private voluntary organizations, are identified as providedby the people of the United States..(b) Functions of the Under Secretary of State for PublicDiplomacy.--(1) Amendment.--Section 1(b)(3) of such Act (22U.S.C. 2651a(b)(3)) is amended by adding at the end thefollowing new sentence: ``The Under Secretary forPublic Diplomacy shall--``(A) prepare an annual strategic plan forpublic diplomacy in collaboration with overseasposts and in consultation with the regional andfunctional bureaus of the Department;``(B) ensure the design and implementationof appropriate program evaluationmethodologies;``(C) provide guidance to Departmentpersonnel in the United States and overseas whoconduct or implement public diplomacy policies,programs, and activities;``(D) assist the United States Agency forInternational Development and the BroadcastingBoard of Governors to present the policies ofthe United States clearly and effectively; and``(E) submit statements of United Statespolicy and editorial material to theBroadcasting Board of Governors for broadcastconsideration..(2) Consultation.--The Under Secretary of State forPublic Diplomacy, in carrying out the responsibilitiesdescribed in section 1(b)(3) of such Act (as amended byparagraph (1)), shall consult with public diplomacyofficers operating at United States overseas posts andin the regional bureaus of the Department of State._________________________________________________________________________________________________
    • SEC. 7110. PUBLIC DIPLOMACY TRAINING._________________________________________________________________________________________________(a) Statement of Policy.--The following should be thepolicy of the United States:(1) The Foreign Service should recruit individualswith expertise and professional experience in publicdiplomacy.(2) United States chiefs of mission should have aprominent role in the formulation of public diplomacystrategies for the countries and regions to which theyare assigned and should be accountable for theoperation and success of public diplomacy efforts attheir posts.(3) Initial and subsequent training of ForeignService officers should be enhanced to includeinformation and training on public diplomacy and thetools and technology of mass communication.(b) Personnel.--(1) Qualifications.--In the recruitment, training,and assignment of members of the Foreign Service, theSecretary of State--(A) should emphasize the importance ofpublic diplomacy and applicable skills andtechniques;(B) should consider the priorityrecruitment into the Foreign Service, includingat middle-level entry, of individuals withexpertise and professional experience in publicdiplomacy, mass communications, or journalism;and(C) shall give special consideration toindividuals with language facility andexperience in particular countries and regions.(2) Languages of special interest.--The Secretaryof State shall seek to increase the number of ForeignService officers proficient in languages spoken incountries with predominantly Muslim populations. Suchincrease should be accomplished through the recruitmentof new officers and incentives for officers in service.(c) Public Diplomacy Suggested for Promotion in ForeignService.--Section 603(b) of the Foreign Service Act of 1980 (22U.S.C. 4003(b)) is amended by adding at the end the following:``The precepts for selection boards shall include, whether themember of the Service or the member of the Senior ForeignService, as the case may be, has demonstrated--(1) a willingness and ability to explain UnitedStates policies in person and through the media whenoccupying positions for which such willingness andability is, to any degree, an element of the membersduties, or(2) other experience in public diplomacy._________________________________________________________________________________________________SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL ORGANIZATIONS._________________________________________________________________________________________________(a) Support and Expansion of Democracy Caucus.--(1) In general.--The President, acting through theSecretary of State and the relevant United Stateschiefs of mission, should--(A) continue to strongly support and seekto expand the work of the democracy caucus atthe United Nations General Assembly and theUnited Nations Human Rights Commission; and(B) seek to establish a democracy caucus atthe United Nations Conference on Disarmamentand at other broad-based internationalorganizations.(2) Purposes of the caucus.--A democracy caucus atan international organization should--
    • (A) forge common positions, including, asappropriate, at the ministerial level, onmatters of concern before the organization andwork within and across regional lines topromote agreed positions;(B) work to revise an increasingly outmodedsystem of membership selection, regionalvoting, and decisionmaking; and(C) establish a rotational leadershipagreement to provide member countries anopportunity, for a set period of time, to serveas the designated president of the caucus,responsible for serving as its voice in eachorganization.(b) Leadership and Membership of InternationalOrganizations.--The President, acting through the Secretary ofState, the relevant United States chiefs of mission, and, whereappropriate, the Secretary of the Treasury, should use thevoice, vote, and influence of the United States to--(1) where appropriate, reform the criteria forleadership and, in appropriate cases, for membership,at all United Nations bodies and at other internationalorganizations and multilateral institutions to whichthe United States is a member so as to excludecountries that violate the principles of the specificorganization;(2) make it a policy of the United Nations andother international organizations and multilateralinstitutions of which the United States is a memberthat a member country may not stand in nomination formembership or in nomination or in rotation for asignificant leadership position in such bodies if themember country is subject to sanctions imposed by theUnited Nations Security Council; and(3) work to ensure that no member country stand innomination for membership, or in nomination or inrotation for a significant leadership position in suchorganizations, or for membership on the United NationsSecurity Council, if the government of the membercountry has been determined by the Secretary of Stateto have repeatedly provided support for acts ofinternational terrorism.(c) Increased Training in Multilateral Diplomacy.--(1) Statement of policy.--It shall be the policy ofthe United States that training courses should beestablished for Foreign Service Officers and civilservice employees of the State Department, includingappropriate chiefs of mission, on the conduct ofmultilateral diplomacy, including the conduct ofnegotiations at international organizations andmultilateral institutions, negotiating skills that arerequired at multilateral settings, coalition-buildingtechniques, and lessons learned from previous UnitedStates multilateral negotiations.(2) Personnel.--(A) In general.--The Secretary shall ensurethat the training described in paragraph (1) isprovided at various stages of the career ofmembers of the Service.(B) Actions of the Secretary.--TheSecretary shall ensure that--(i) officers of the Service receivetraining on the conduct of diplomacy atinternational organizations and othermultilateral institutions and at broadbasedmultilateral negotiations ofinternational instruments as part oftheir training upon entry into theService; and(ii) officers of the Service,including chiefs of mission, who areassigned to United States missionsrepresenting the United States to
    • international organizations and othermultilateral institutions or who areassigned in Washington, D.C., topositions that have as their primaryresponsibility formulation of policytoward such organizations andinstitutions or toward participation inbroad-based multilateral negotiationsof international instruments, receivespecialized training in the areasdescribed in paragraph (1) prior tobeginning of service for suchassignment or, if receiving suchtraining at that time is not practical,within the first year of beginning suchassignment.(3) Training for civil service employees.--TheSecretary shall ensure that employees of the Departmentof State who are members of the civil service and whoare assigned to positions described in paragraph (2)receive training described in paragraph (1) prior tothe beginning of service for such assignment or, ifreceiving such training at such time is not practical,within the first year of beginning such assignment._________________________________________________________________________________________________SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THEISLAMIC WORLD._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Exchange, scholarship, and library programs areeffective ways for the United States Government topromote internationally the values and ideals of theUnited States.(2) Exchange, scholarship, and library programs canexpose young people from other countries to UnitedStates values and offer them knowledge and hope.(b) Declaration of Policy.--Consistent with the report ofthe National Commission on Terrorist Attacks Upon the UnitedStates, Congress declares that--(1) the United States should commit to a long-termand sustainable investment in promoting engagement withpeople of all levels of society in countries withpredominantly Muslim populations, particularly withyouth and those who influence youth;(2) such an investment should make use of thetalents and resources in the private sector and shouldinclude programs to increase the number of people whocan be exposed to the United States and its fundamentalideas and values in order to dispel misconceptions; and(3) such programs should include youth exchangeprograms, young ambassadors programs, internationalvisitor programs, academic and cultural exchangeprograms, American Corner programs, library programs,journalist exchange programs, sister city programs, andother programs related to people-to-people diplomacy.(c) Sense of Congress.--It is the sense of Congress thatthe United States should significantly increase its investmentin the people-to-people programs described in subsection (b).(d) Authority To Expand Educational and CulturalExchanges.--The President is authorized to substantially expandthe exchange, scholarship, and library programs of the UnitedStates, especially such programs that benefit people in theMuslim world.(e) Availability of Funds.--Of the amounts authorized to beappropriated in each of the fiscal years 2005 and 2006 foreducational and cultural exchange programs, there shall beavailable to the Secretary of State such sums as may benecessary to carry out programs under this section, unlessotherwise authorized by Congress.
    • _________________________________________________________________________________________________SEC. 7112. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS INPREDOMINANTLY MUSLIM COUNTRIES TOPROVIDE SCHOLARSHIPS._________________________________________________________________________________________________(a) Findings.--Congress makes the following findings:(1) During the 2003-2004 school year, the Office ofOverseas Schools of the Department of State isfinancially assisting 189 elementary and secondaryschools in foreign countries.(2) United States-sponsored elementary andsecondary schools are located in more than 20 countrieswith predominantly Muslim populations in the Near East,Africa, South Asia, Central Asia, and East Asia.(3) United States-sponsored elementary andsecondary schools provide an American-style educationin English, with curricula that typically include anemphasis on the development of critical thinking andanalytical skills.(b) Statement of Policy.--The United States has an interestin increasing the level of financial support provided to UnitedStates-sponsored elementary and secondary schools in countrieswith predominantly Muslim populations in order to--(1) increase the number of students in suchcountries who attend such schools;(2) increase the number of young people who maythereby gain at any early age an appreciation for theculture, society, and history of the United States; and(3) increase the number of young people who maythereby improve their proficiency in the Englishlanguage.(c) Pilot Program.--The Secretary of State, acting throughthe Director of the Office of Overseas Schools of theDepartment of State, may conduct a pilot program to make grantsto United States-sponsored elementary and secondary schools incountries with predominantly Muslim populations for the purposeof providing full or partial merit-based scholarships tostudents from lower-income and middle-income families of suchcountries to attend such schools.(d) Determination of Eligible Students.--For purposes ofthe pilot program, a United States-sponsored elementary andsecondary school that receives a grant under the pilot programmay establish criteria to be implemented by such school todetermine what constitutes lower-income and middle-incomefamilies in the country (or region of the country, if regionalvariations in income levels in the country are significant) inwhich such school is located.(e) Restriction on Use of Funds.--Amounts appropriated tothe Secretary of State pursuant to the authorization ofappropriations in subsection (h) shall be used for the solepurpose of making grants under this section, and may not beused for the administration of the Office of Overseas Schoolsof the Department of State or for any other activity of theOffice.(f) Voluntary Participation.--Nothing in this section shallbe construed to require participation in the pilot program by aUnited States-sponsored elementary or secondary school in apredominantly Muslim country.(g) Report.--Not later than April 15, 2006, the Secretaryof State shall submit to the Committee on InternationalRelations of the House of Representatives and the Committee onForeign Relations of the Senate a report on the pilot program.The report shall assess the success of the program, examine anyobstacles encountered in its implementation, and addresswhether it should be continued, and if so, providerecommendations to increase its effectiveness.(h) Funding.--There are authorized to be appropriated tothe Secretary of State for each of the fiscal years 2005 and2006, unless otherwise authorized by Congress, such sums asnecessary to implement the pilot program under this section._________________________________________________________________________________________________
    • SEC. 7113. INTERNATIONAL YOUTH OPPORTUNITY FUND._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Education that teaches tolerance, the dignityand value of each individual, and respect for differentbeliefs is a key element in any global strategy toeliminate terrorism.(2) Education in the Middle East about the worldoutside that region is weak.(3) The United Nations has rightly equated literacywith freedom.(4) The international community is moving towardsetting a concrete goal of reducing by half theilliteracy rate in the Middle East by 2010, through theimplementation of education programs targeting womenand girls and programs for adult literacy, and by othermeans.(5) To be effective, efforts to improve educationin the Middle East must also include--(A) support for the provision of basiceducation tools, such as textbooks thattranslate more of the worlds knowledge intolocal languages and local libraries to housesuch materials; and(B) more vocational education in trades andbusiness skills.(6) The Middle East can benefit from some of thesame programs to bridge the digital divide that alreadyhave been developed for other regions of the world.(b) International Youth Opportunity Fund.--(1) Establishment.--The Secretary of State isauthorized to establish through an existinginternational organization, such as the United NationsEducational, Science and Cultural Organization (UNESCO)or other similar body, an International YouthOpportunity Fund to provide financial assistance forthe improvement of public education in the Middle Eastand other countries of strategic interest withpredominantly Muslim populations.(2) International participation.--The Secretaryshould seek the cooperation of the internationalcommunity in establishing and generously supporting theFund._________________________________________________________________________________________________SEC. 7114. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission 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 backwardeconomic policies and repressive political regimes.(2) Policies that support economic development andreform also have political implications, as economicand political liberties are often linked.(3) The United States is working toward creating aMiddle East Free Trade Area by 2013 and implementing afree trade agreement with Bahrain, and free tradeagreements exist between the United States and Israeland the United States and Jordan.(4) Existing and proposed free trade agreementsbetween the United States and countries withpredominantly Muslim populations are drawing interestfrom other countries in the Middle East region, andcountries with predominantly Muslim populations canbecome full participants in the rules-based global
    • trading system, as the United States considers loweringits barriers to trade.(b) Sense of Congress.--It is the sense of Congress that--(1) a comprehensive United States strategy tocounter terrorism should include economic policies thatencourage development, open societies, andopportunities for people to improve the lives of theirfamilies and to enhance prospects for their childrensfuture;(2) one element of such a strategy should encompassthe lowering of trade barriers with the poorestcountries that have a significant population of Muslimindividuals;(3) another element of such a strategy shouldencompass United States efforts to promote economicreform in countries that have a significant populationof Muslim individuals, including efforts to integratesuch countries into the global trading system; and(4) given the importance of the rule of law inpromoting economic development and attractinginvestment, the United States should devote anincreased proportion of its assistance to countries inthe Middle East to the promotion of the rule of law._________________________________________________________________________________________________SEC. 7115. MIDDLE EAST PARTNERSHIP INITIATIVE._________________________________________________________________________________________________(a) Authorization of Appropriations.--There are authorizedto be appropriated for each of fiscal years 2005 and 2006,(unless otherwise authorized by Congress) such sums as may benecessary 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 todevelopment in the Middle East, a significant portion of thefunds authorized to be appropriated under subsection (a) shouldbe made available to promote the rule of law in the MiddleEast._________________________________________________________________________________________________SEC. 7116. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Almost every aspect of the counterterrorismstrategy of the United States relies on internationalcooperation.(2) Since September 11, 2001, the number and scopeof United States Government contacts with foreigngovernments concerning counterterrorism have expandedsignificantly, but such contacts have often been ad hocand not integrated as a comprehensive and unifiedapproach to counterterrorism.(b) In General.--The Secretary of State is authorized inconsultation with relevant United States Government agencies,to negotiate on a bilateral or multilateral basis, asappropriate, international agreements under which parties to anagreement work in partnership to address and interdict acts ofinternational terrorism.(c) International Contact Group on Counterterrorism.--(1) Sense of congress.--It is the sense of Congressthat the President--(A) should seek to engage the leaders ofthe governments of other countries in a processof advancing beyond separate and uncoordinatednational counterterrorism strategies to developwith those other governments a comprehensivemultilateral strategy to fight terrorism; and(B) to that end, should seek to establishan international counterterrorism policy
    • contact group with the leaders of governmentsproviding leadership in global counterterrorismefforts and governments of countries withsizable Muslim populations, to be used as aready and flexible international means fordiscussing and coordinating the development ofimportant counterterrorism policies by theparticipating governments.(2) Authority.--The President is authorized toestablish an international counterterrorism policycontact group with the leaders of governments referredto in paragraph (1) for the following purposes:(A) To meet annually, or more frequently asthe President determines appropriate, todevelop in common with such other governmentsimportant policies and a strategy that addressthe various components of internationalprosecution of the war on terrorism, includingpolicies and a strategy that address militaryissues, law enforcement, the collection,analysis, and dissemination of intelligence,issues relating to interdiction of travel byterrorists, counterterrorism-related customsissues, financial issues, and issues relatingto terrorist sanctuaries.(B) To address, to the extent (if any) thatthe President and leaders of otherparticipating governments determineappropriate, long-term issues that cancontribute to strengthening stability andsecurity in the Middle East._________________________________________________________________________________________________SEC. 7117. FINANCING OF TERRORISM._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) The death or capture of several importantfinancial facilitators has decreased the amount ofmoney available to al Qaeda, and has made it moredifficult for al Qaeda to raise and move money.(2) The capture of al Qaeda financial facilitatorshas provided a windfall of intelligence that can beused to continue the cycle of disruption.(3) The United States Government has rightlyrecognized that information about terrorist money helpsin understanding terror networks, searching them out,and disrupting their operations.(b) Sense of Congress.--It is the sense of Congress that--(1) a critical weapon in the effort to stopterrorist financing should be the targeting ofterrorist financial facilitators by intelligence andlaw enforcement agencies; and(2) efforts to track terrorist financing must beparamount in United States counterterrorism efforts._________________________________________________________________________________________________SEC. 7118. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS._________________________________________________________________________________________________(a) Period of Designation.--Section 219(a)(4) of theImmigration and Nationality Act (8 U.S.C. 1189(a)(4)) isamended--(1) in subparagraph (A)--(A) by striking ``Subject to paragraphs (5)and (6), a and inserting ``A; and(B) by striking ``for a period of 2 yearsbeginning on the effective date of thedesignation under paragraph (2)(B) andinserting ``until revoked under paragraph (5)
    • or (6) or set aside pursuant to subsection(c);(2) by striking subparagraph (B) and inserting thefollowing:``(B) Review of designation uponpetition.--``(i) In general.--The Secretaryshall review the designation of aforeign terrorist organization underthe procedures set forth in clauses(iii) and (iv) if the designatedorganization files a petition forrevocation within the petition perioddescribed in clause (ii).``(ii) Petition period.--Forpurposes of clause (i)--``(I) if the designatedorganization has not previouslyfiled a petition for revocationunder this subparagraph, thepetition period begins 2 yearsafter the date on which thedesignation was made; or``(II) if the designatedorganization has previouslyfiled a petition for revocationunder this subparagraph, thepetition period begins 2 yearsafter the date of thedetermination made under clause(iv) on that petition.``(iii) Procedures.--Any foreignterrorist organization that submits apetition for revocation under thissubparagraph must provide evidence inthat petition that the relevantcircumstances described in paragraph(1) are sufficiently different from thecircumstances that were the basis forthe designation such that a revocationwith respect to the organization iswarranted.``(iv) Determination.--``(I) In general.--Notlater than 180 days afterreceiving a petition forrevocation submitted under thissubparagraph, the Secretaryshall make a determination asto such revocation.``(II) Classifiedinformation.--The Secretary mayconsider classified informationin making a determination inresponse to a petition forrevocation. Classifiedinformation shall not besubject to disclosure for suchtime as it remains classified,except that such informationmay be disclosed to a court exparte and in camera forpurposes of judicial reviewunder subsection (c).``(III) Publication ofdetermination.--A determinationmade by the Secretary underthis clause shall be publishedin the Federal Register.``(IV) Procedures.--Anyrevocation by the Secretaryshall be made in accordancewith paragraph (6).; and
    • (3) by adding at the end the following:``(C) Other review of designation.--``(i) In general.--If in a 5-yearperiod no review has taken place undersubparagraph (B), the Secretary shallreview the designation of the foreignterrorist organization in order todetermine whether such designationshould be revoked pursuant to paragraph(6).``(ii) Procedures.--If a reviewdoes not take place pursuant tosubparagraph (B) in response to apetition for revocation that is filedin accordance with that subparagraph,then the review shall be conductedpursuant to procedures established bythe Secretary. The results of suchreview and the applicable proceduresshall not be reviewable in any court.``(iii) Publication of results ofreview.--The Secretary shall publishany determination made pursuant to thissubparagraph in the FederalRegister..(b) Aliases.--Section 219 of the Immigration andNationality Act (8 U.S.C. 1189) is amended--(1) by redesignating subsections (b) and (c) assubsections (c) and (d), respectively; and(2) by inserting after subsection (a) the followingnew subsection (b):``(b) Amendments to a Designation.--``(1) In general.--The Secretary may amend adesignation under this subsection if the Secretaryfinds that the organization has changed its name,adopted a new alias, dissolved and then reconstituteditself under a different name or names, or merged withanother organization.``(2) Procedure.--Amendments made to a designationin accordance with paragraph (1) shall be effectiveupon publication in the Federal Register. Subparagraphs(B) and (C) of subsection (a)(2) shall apply to anamended designation upon such publication. Paragraphs(2)(A)(i), (4), (5), (6), (7), and (8) of subsection(a) shall also apply to an amended designation.``(3) Administrative record.--The administrativerecord shall be corrected to include the amendments aswell as any additional relevant information thatsupports those amendments.``(4) Classified information.--The Secretary mayconsider classified information in amending adesignation in accordance with this subsection.Classified information shall not be subject todisclosure for such time as it remains classified,except that such information may be disclosed to acourt ex parte and in camera for purposes of judicialreview under subsection (c)..(c) Technical and Conforming Amendments.--Section 219 ofthe Immigration and Nationality Act (8 U.S.C. 1189) isamended--(1) in subsection (a)--(A) in paragraph (3)(B), by striking``subsection (b) and inserting ``subsection(c);(B) in paragraph (6)(A)--(i) in the matter preceding clause(i), by striking ``or a redesignationmade under paragraph (4)(B) andinserting ``at any time, and shallrevoke a designation upon completion ofa review conducted pursuant tosubparagraphs (B) and (C) of paragraph(4); and
    • (ii) in clause (i), by striking``or redesignation;(C) in paragraph (7), by striking ``, orthe revocation of a redesignation underparagraph (6),; and(D) in paragraph (8)--(i) by striking ``, or if aredesignation under this subsection hasbecome effective under paragraph(4)(B),; and(ii) by striking ``orredesignation; and(2) in subsection (c), as so redesignated--(A) in paragraph (1), by striking ``of thedesignation in the Federal Register, and allthat follows through ``review of thedesignation and inserting ``in the FederalRegister of a designation, an amendeddesignation, or a determination in response toa petition for revocation, the designatedorganization may seek judicial review;(B) in paragraph (2), by inserting ``,amended designation, or determination inresponse to a petition for revocation after``designation;(C) in paragraph (3), by inserting ``,amended designation, or determination inresponse to a petition for revocation after``designation; and(D) in paragraph (4), by inserting ``,amended designation, or determination inresponse to a petition for revocation after``designation each place that term appears.(d) Savings Provision.--For purposes of applying section219 of the Immigration and Nationality Act on or after the dateof enactment of this Act, the term ``designation, as used inthat section, includes all redesignations made pursuant tosection 219(a)(4)(B) of the Immigration and Nationality Act (8U.S.C. 1189(a)(4)(B)) prior to the date of enactment of thisAct, and such redesignations shall continue to be effectiveuntil revoked as provided in paragraph (5) or (6) of section219(a) of the Immigration and Nationality Act (8 U.S.C.1189(a))._________________________________________________________________________________________________SEC. 7119. REPORT TO CONGRESS._________________________________________________________________________________________________(a) In General.--Not later than 180 days after the date ofenactment of this Act, the President shall submit to Congress areport on the activities of the Government of the United Statesto carry out the provisions of this subtitle.(b) --The report required under this section shallinclude the following:(1) Terrorist sanctuaries.--A description of thestrategy of the United States to address and, wherepossible, eliminate terrorist sanctuaries, including--(A) a description of the terroristsanctuaries that exist;(B) an outline of strategies, tactics, andtools for disrupting or eliminating thesecurity provided to terrorists by suchsanctuaries;(C) a description of efforts by the UnitedStates Government to work with other countriesin bilateral and multilateral fora to elicitthe cooperation needed to identify and addressterrorist sanctuaries that may exist unknown togovernments; and(D) a description of long-term goals andactions designed to reduce the conditions thatallow the formation of terrorist sanctuaries,such as supporting and strengthening host
    • governments, reducing poverty, increasingeconomic development, strengthening civilsociety, securing borders, strengtheninginternal security forces, and disruptinglogistics and communications networks ofterrorist groups.(2) Support for pakistan.--A description of aUnited States strategy to engage with Pakistan and tosupport it over the long term, including--(A) recommendations on the composition andlevels of assistance required in future years,with special consideration of the properbalance between security assistance and otherforms of assistance;(B) a description of the composition andlevels of assistance, other than securityassistance, at present and in the recent past,structured to permit a comparison of currentand past practice with that recommended for thefuture;(C) measures that could be taken to ensurethat all forms of foreign assistance toPakistan have the greatest possible long-termpositive impact on the welfare of the Pakistanipeople and on the ability of Pakistan tocooperate in global efforts against terror; and(D) measures that could be taken toalleviate difficulties, misunderstandings, andcomplications in the relationship between theUnited States and Pakistan.(3) Collaboration with saudi arabia.--A descriptionof the strategy of the United States for expandingcollaboration with the Government of Saudi Arabia onsubjects of mutual interest and of importance,including a description of--(A) steps that could usefully be taken toinstitutionalize and make more transparentgovernment to government relationships betweenthe United States and Saudi Arabia, includingthe utility of undertaking periodic, formal,and visible high-level dialogues betweengovernment officials of both countries toaddress challenges in the relationship betweenthe 2 governments and to identify areas andmechanisms for cooperation;(B) intelligence and security cooperationbetween the United States and Saudi Arabia inthe fight against Islamist terrorism;(C) ways to increase the contribution ofSaudi Arabia to the stability of the MiddleEast and the Islamic world, particularly to theMiddle East peace process, by eliminatingsupport from or within Saudi Arabia forextremist groups or tendencies;(D) political and economic reform in SaudiArabia and throughout the Islamic world;(E) ways to promote greater tolerance andrespect for cultural and religious diversity inSaudi Arabia and throughout the Islamic world;and(F) ways to assist the Government of SaudiArabia in reversing the impact of anyfinancial, moral, intellectual, or othersupport provided in the past from Saudi sourcesto extremist groups in Saudi Arabia and othercountries, and to prevent this support fromcontinuing in the future.(4) Struggle of ideas in the islamic world.--Adescription of a cohesive, long-term strategy of theUnited States to help win the struggle of ideas in theIslamic world, including the following:(A) A description of specific goals relatedto winning this struggle of ideas.
    • (B) A description of the range of toolsavailable to the United States Government toaccomplish such goals and the manner in whichsuch tools will be employed.(C) A list of benchmarks for measuringsuccess and a plan for linking resources to theaccomplishment of such goals.(D) A description of any additionalresources that may be necessary to help winthis struggle of ideas.(E) Any recommendations for the creationof, and United States participation in,international institutions for the promotion ofdemocracy and economic diversification in theIslamic world, and intraregional trade in theMiddle East.(F) An estimate of the level of UnitedStates financial assistance that would besufficient to convince United States allies andpeople in the Islamic world that engaging inthe struggle of ideas in the Islamic world is atop priority of the United States and that theUnited States intends to make a substantial andsustained commitment toward winning thisstruggle.(5) Outreach through broadcast media.--Adescription of a cohesive, long-term strategy of theUnited States to expand its outreach to foreign Muslimaudiences through broadcast media, including thefollowing:(A) The initiatives of the BroadcastingBoard of Governors with respect to outreach toforeign Muslim audiences.(B) An outline of recommended actions thatthe United States Government should take tomore regularly and comprehensively present aUnited States point of view through indigenousbroadcast media in countries with predominantlyMuslim populations, including increasingappearances by United States Governmentofficials, experts, and citizens.(C) An assessment of the major themes ofbiased or false media coverage of the UnitedStates in foreign countries and the actionstaken to address this type of media coverage.(D) An assessment of potential incentivesfor, and costs associated with, encouragingUnited States broadcasters to dub or subtitleinto Arabic and other relevant languages theirnews and public affairs programs broadcast inthe Muslim world in order to present thoseprograms to a much broader Muslim audience thanis currently reached.(E) Any recommendations the President mayhave for additional funding and legislationnecessary to achieve the objectives of thestrategy.(6) Visas for participants in united statesprograms.--A description of--(A) any recommendations for expediting theissuance of visas to individuals who areentering the United States for the purpose ofparticipating in a scholarship, exchange, orvisitor program described in section 7111(b)without compromising the security of the UnitedStates; and(B) a proposed schedule for implementingany recommendations described in subparagraph(A).(7) Basic education in muslim countries.--Adescription of a strategy, that was developed afterconsultation with nongovernmental organizations andindividuals involved in education assistance programs
    • in developing countries, to promote free universalbasic education in the countries of the Middle East andin other countries with predominantly Muslimpopulations designated by the President. The strategyshall include the following elements:(A) A description of the manner in whichthe resources of the United States and theinternational community shall be used to helpachieve free universal basic education in suchcountries, including--(i) efforts of the United States tocoordinate an international effort;(ii) activities of the UnitedStates to leverage contributions frommembers of the Group of Eight or otherdonors; and(iii) assistance provided by theUnited States to leverage contributionsfrom the private sector and civilsociety organizations.(B) A description of the efforts of theUnited States to coordinate with other donorsto reduce duplication and waste at the globaland country levels and to ensure efficientcoordination among all relevant departments andagencies of the Government of the UnitedStates.(C) A description of the strategy of theUnited States to assist efforts to overcomechallenges to achieving free universal basiceducation in such countries, includingstrategies to target hard to reach populationsto promote education.(D) A listing of countries that thePresident determines might be eligible forassistance under the International YouthOpportunity Fund described in section 7113(b)and related programs.(E) A description of the efforts of theUnited States to encourage countries in theMiddle East and other countries withpredominantly Muslim populations designated bythe President to develop and implement anational education plan.(F) A description of activities that couldbe carried out as part of the InternationalYouth Opportunity Fund to help close thedigital divide and expand vocational andbusiness skills in such countries.(G) An estimate of the funds needed toachieve free universal basic education by 2015in each country described in subparagraph (D),and an estimate of the amount that has beenexpended by the United States and by each suchcountry during the previous fiscal year.(H) A description of the United Statesstrategy for garnering programmatic andfinancial support from countries in the MiddleEast and other countries with predominantlyMuslim populations designated by the President,international organizations, and othercountries that share the objectives of theInternational Youth Opportunity Fund.(8) Economic reform.--A description of the effortsof the United States Government to encouragedevelopment and promote economic reform in countriesthat have a predominantly Muslim population, includinga description of--(A) efforts to integrate countries withpredominantly Muslim populations into theglobal trading system; and(B) actions that the United StatesGovernment, acting alone and in partnership
    • with governments in the Middle East, can taketo promote intraregional trade and the rule oflaw in the region.(c) Form of Report.--Any report or other matter that isrequired to be submitted to Congress (including a committee ofCongress) under this section may contain a classified annex._________________________________________________________________________________________________SEC. 7120. CASE-ZABLOCKI ACT REQUIREMENTS._________________________________________________________________________________________________(a) Availability of Treaties and InternationalAgreements.--Section 112a of title 1, United States Code, isamended by adding at the end the following:``(d) The Secretary of State shall make publicly availablethrough the Internet website of the Department of State eachtreaty or international agreement proposed to be published inthe compilation entitled `United States Treaties and OtherInternational Agreements not later than 180 days after thedate on which the treaty or agreement enters into force..(b) Transmission to Congress.--Section 112b(a) of title 1,United States Code, is amended by striking ``Committee onForeign Affairs and inserting ``Committee on InternationalRelations.(c) Report.--Section 112b of title 1, United States Code,is amended--(1) by redesignating subsections (d) and (e) assubsections (e) and (f), respectively; and(2) by inserting after subsection (c) thefollowing:``(d)(1) The Secretary of State shall annually submit toCongress a report that contains an index of all internationalagreements, listed by country, date, title, and summary of eachsuch agreement (including a description of the duration ofactivities under the agreement and the agreement itself), thatthe United States--``(A) has signed, proclaimed, or with reference towhich any other final formality has been executed, orthat has been extended or otherwise modified, duringthe preceding calendar year; and``(B) has not been published, or is not proposed tobe published, in the compilation entitled `UnitedStates Treaties and Other International Agreements.``(2) The report described in paragraph (1) may besubmitted in classified form..(d) Determination of International Agreement.--Subsection(e) of section 112b of title 1, United States Code, asredesignated, is amended--(1) by striking ``(e) The Secretary of State andinserting the following:``(e)(1) Subject to paragraph (2), the Secretary ofState; and(2) by adding at the end the following:``(2)(A) An arrangement shall constitute an internationalagreement within the meaning of this section (other thansubsection (c)) irrespective of the duration of activitiesunder the arrangement or the arrangement itself.``(B) Arrangements that constitute an internationalagreement within the meaning of this section (other thansubsection (c)) include the following:``(i) A bilateral or multilateral counterterrorismagreement.``(ii) A bilateral agreement with a country that issubject to a determination under section 6(j)(1)(A) ofthe Export Administration Act of 1979 (50 U.S.C. App.2405(j)(1)(A)), section 620A(a) of the ForeignAssistance Act of 1961 (22 U.S.C. 2371(a)), or section40(d) of the Arms Export Control Act (22 U.S.C.2780(d))..(e) Enforcement of Requirements.--Section 139(b) of theForeign Relations Authorization Act, Fiscal Years 1988 and 1989is amended to read as follows:``(b) Effective Date.--Subsection (a) shall take effect 60
    • days after the date of enactment of the 911 CommissionImplementation Act of 2004 and shall apply during fiscal years2005, 2006, and 2007.._________________________________________________________________________________________________SEC. 7121. EFFECTIVE DATE._________________________________________________________________________________________________Notwithstanding any other provision of this Act, thissubtitle shall take effect on the date of enactment of thisAct._________________________________________________________________________________________________SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE._________________________________________________________________________________________________Subtitle B--Terrorist Travel and Effective ScreeningSEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Travel documents are as important to terroristsas weapons since terrorists must travel clandestinelyto meet, train, plan, case targets, and gain access toattack sites.(2) International travel is dangerous forterrorists because they must surface to pass throughregulated channels, present themselves to bordersecurity officials, or attempt to circumvent inspectionpoints.(3) Terrorists use evasive, but detectable, methodsto travel, such as altered and counterfeit passportsand visas, specific travel methods and routes, liaisonswith corrupt government officials, human smugglingnetworks, supportive travel agencies, and immigrationand identity fraud.(4) Before September 11, 2001, no Federal agencysystematically analyzed terrorist travel strategies. Ifan agency had done so, the agency could have discoveredthe ways in which the terrorist predecessors to alQaeda had been systematically, but detectably,exploiting weaknesses in our border security since theearly 1990s.(5) Many of the hijackers were potentiallyvulnerable to interception by border authorities.Analyzing their characteristic travel documents andtravel patterns could have allowed authorities tointercept some of the hijackers and a more effectiveuse of information available in government databasescould have identified some of the hijackers.(6) The routine operations of our immigration lawsand the aspects of those laws not specifically aimed atprotecting against terrorism inevitably shaped alQaedas planning and opportunities.(7) New insights into terrorist travel gained sinceSeptember 11, 2001, have not been adequately integratedinto the front lines of border security.(8) The small classified terrorist travelintelligence collection and analysis program currentlyin place has produced useful results and should beexpanded.(b) Strategy.--(1) In general.--Not later than 1 year after thedate of enactment of this Act, the Director of theNational Counterterrorism Center shall submit toCongress unclassified and classified versions of astrategy for combining terrorist travel intelligence,operations, and law enforcement into a cohesive effortto intercept terrorists, find terrorist travelfacilitators, and constrain terrorist mobilitydomestically and internationally. The report toCongress should include a description of the actions
    • taken to implement the strategy and an assessmentregarding vulnerabilities within the United States andforeign travel systems that may be exploited byinternational terrorists, human smugglers andtraffickers, and their facilitators.(2) Coordination.--The strategy shall be developedin coordination with all relevant Federal agencies.(3) --The strategy may address--(A) a program for collecting, analyzing,disseminating, and utilizing information andintelligence regarding terrorist travel tacticsand methods, and outline which Federalintelligence, diplomatic, and law enforcementagencies will be held accountable forimplementing each element of the strategy;(B) the intelligence and law enforcementcollection, analysis, operations, and reportingrequired to identify and disrupt terroristtravel tactics, practices, patterns, andtrends,and the terrorist travel facilitators, document forgers, humansmugglers, travel agencies, and corrupt border and transportationofficials who assist terrorists;(C) the training and training materialsrequired by consular, border, and immigrationofficials to effectively detect and disruptterrorist travel described under subsection(c)(3);(D) the new technology and proceduresrequired and actions to be taken to integrateexisting counterterrorist travel document andmobility intelligence into border securityprocesses, including consular, port of entry,border patrol, maritime, immigration benefits,and related law enforcement activities;(E) the actions required to integratecurrent terrorist mobility intelligence intomilitary force protection measures;(F) the additional assistance to be givento the interagency Human Smuggling andTrafficking Center for purposes of combattingterrorist travel, including further developingand expanding enforcement and operationalcapabilities that address terrorist travel;(G) the actions to be taken to aid in thesharing of information between the frontlineborder agencies of the Department of HomelandSecurity, the Department of State, andclassified and unclassified sources ofcounterterrorist travel intelligence andinformation elsewhere in the FederalGovernment, including the Human Smuggling andTrafficking Center;(H) the development and implementation ofprocedures to enable the NationalCounterterrorism Center, or its designee, totimely receive terrorist travel intelligenceand documentation obtained at consulates andports of entry, and by law enforcement officersand military personnel;(I) the use of foreign and technicalassistance to advance border security measuresand law enforcement operations againstterrorist travel facilitators;(J) the feasibility of developing a programto provide each consular, port of entry, andimmigration benefits office with acounterterrorist travel expert trained andauthorized to use the relevant authenticationtechnologies and cleared to access allappropriate immigration, law enforcement, andintelligence databases;(K) the feasibility of digitallytransmitting suspect passport information to a
    • central cadre of specialists, either as aninterim measure until such time as expertsdescribed under subparagraph (J) are availableat consular, port of entry, and immigrationbenefits offices, or otherwise;(L) the development of a mechanism toensure the coordination and dissemination ofterrorist travel intelligence and operationalinformation among the Department of HomelandSecurity, the Department of State, the NationalCounterterrorism Center, and other appropriateagencies;(M) granting consular officers andimmigration adjudicators, as appropriate, thesecurity clearances necessary to access lawenforcement sensitive and intelligencedatabases; and(N) how to integrate travel documentscreening for terrorism indicators into borderscreening, and how to integrate theintelligence community into a robust traveldocument screening process to interceptterrorists.(c) Frontline Counterterrorist Travel Technology andTraining.--(1) Technology acquisition and disseminationplan.--Not later than 180 days after the date ofenactment of this Act, the Secretary of HomelandSecurity, in conjunction with the Secretary of State,shall submit to Congress a plan describing how theDepartment of Homeland Security and the Department ofState can acquire and deploy, to the maximum extentfeasible, to all consulates, ports of entry, andimmigration benefits offices, technologies thatfacilitate document authentication and the detection ofpotential terrorist indicators on travel documents. Tothe extent possible, technologies acquired and deployedunder this plan shall be compatible with systems usedby the Department of Homeland Security to detectfraudulent documents and identify genuine documents.(2) of plan.--The plan submitted underparagraph (1) shall--(A) outline the timetable needed to acquireand deploy the authentication technologies;(B) identify the resources required to--(i) fully disseminate thesetechnologies; and(ii) train personnel on use ofthese technologies; and(C) address the feasibility of using thesetechnologies to screen every passport or otherdocumentation described in section 7209(b)submitted for identification purposes to aUnited States consular, border, or immigrationofficial.(d) Training Program.--(1) Review, evaluation, and revision of existingtraining programs.--The Secretary of Homeland Securityshall--(A) review and evaluate the trainingregarding travel and identity documents, andtechniques, patterns, and trends associatedwith terrorist travel that is provided topersonnel of the Department of HomelandSecurity;(B) in coordination with the Secretary ofState, review and evaluate the trainingdescribed in subparagraph (A) that is providedto relevant personnel of the Department ofState; and(C) in coordination with the Secretary ofState, develop and implement an initialtraining and periodic retraining program--
    • (i) to teach border, immigration,and consular officials (who inspect orreview travel or identity documents aspart of their official duties) how toeffectively detect, intercept, anddisrupt terrorist travel; and(ii) to ensure that the officialsdescribed in clause (i) regularlyreceive the most current information onsuch matters and are periodicallyretrained on the matters described inparagraph (2).(2) Required topics of revised programs.--Thetraining program developed under paragraph (1)(C) shallinclude training in--(A) methods for identifying fraudulent andgenuine travel documents;(B) methods for detecting terroristindicators on travel documents and otherrelevant identity documents;(C) recognition of travel patterns,tactics, and behaviors exhibited by terrorists;(D) effective utilization of informationcontained in databases and data systemsavailable to the Department of HomelandSecurity; and(E) other topics determined to beappropriate by the Secretary of HomelandSecurity, in consultation with the Secretary ofState or the Director of National Intelligence.(3) Implementation.--(A) Department of homeland security.--(i) In general.--The Secretary ofHomeland Security shall provide allborder and immigration officials whoinspect or review travel or identitydocuments as part of their officialduties with the training described inparagraph (1)(C).(ii) Report to congress.--Not laterthan 12 months after the date ofenactment of this Act, and annuallythereafter for a period of 3 years, theSecretary of Homeland Security shallsubmit a report to Congress that--(I) describes the number ofborder and immigrationofficials who inspect or reviewidentity documents as part oftheir official duties, and theproportion of whom havereceived the revised trainingprogram described in paragraph(1)(C)(i);(II) explains the reasons,if any, for not completing therequisite training described inparagraph (1)(C)(i);(III) provides a timetablefor completion of the trainingdescribed in paragraph(1)(C)(i) for those who havenot received such training; and(IV) describes the statusof periodic retraining ofappropriate personnel describedin paragraph (1)(C)(ii).(B) Department of state.--(i) In general.--The Secretary ofState shall provide all consularofficers who inspect or review travelor identity documents as part of theirofficial duties with the training
    • described in paragraph (1)(C).(ii) Report to congress.--Not laterthan 12 months after the date ofenactment of this Act, and annuallythereafter for a period of 3 years, theSecretary of State shall submit areport to Congress that--(I) describes the number ofconsular officers who inspector review travel or identitydocuments as part of theirofficial duties, and theproportion of whom havereceived the revised trainingprogram described in paragraph(1)(C)(i);(II) explains the reasons,if any, for not completing therequisite training described inparagraph (1)(C)(i);(III) provides a timetablefor completion of the trainingdescribed in paragraph(1)(C)(i) for those who havenot received such training; and(IV) describes the statusof periodic retraining ofappropriate personnel describedin paragraph (1)(C)(ii).(4) Assistance to others.--The Secretary ofHomeland Security may assist States, Indian tribes,local governments, and private organizations toestablish training programs related to terrorist travelintelligence.(5) Authorization of appropriations.--There areauthorized to be appropriated such sums as may benecessary for each of the fiscal years 2005 through2009 to carry out the provisions of this subsection.(e) Enhancing Classified Counterterrorist Travel Efforts.--(1) In general.--The Director of NationalIntelligence shall significantly increase resources andpersonnel to the small classified program that collectsand analyzes intelligence on terrorist travel.(2) Authorization of appropriations.--There areauthorized to be appropriated for each of the fiscalyears 2005 through 2009 such sums as may be necessaryto carry out this subsection._________________________________________________________________________________________________SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER._________________________________________________________________________________________________(a) Establishment.--There is established a Human Smugglingand Trafficking Center (referred to in this section as the``Center).(b) Operation.--The Secretary of State, the Secretary ofHomeland Security, and the Attorney General shall operate theCenter in accordance with the Memorandum of Understandingentitled, ``Human Smuggling and Trafficking Center (HSTC),Charter.(c) Functions.--In addition to such other responsibilitiesas the President may assign, the Center shall--(1) serve as the focal point for interagencyefforts to address terrorist travel;(2) serve as a clearinghouse with respect to allrelevant information from all Federal Governmentagencies in support of the United States strategy toprevent separate, but related, issues of clandestineterrorist travel and facilitation of migrant smugglingand trafficking of persons;(3) ensure cooperation among all relevant policy,law enforcement, diplomatic, and intelligence agenciesof the Federal Government to improve effectiveness and
    • to convert all information available to the FederalGovernment relating to clandestine terrorist travel andfacilitation, migrant smuggling, and trafficking ofpersons into tactical, operational, and strategicintelligence that can be used to combat such illegalactivities; and(4) prepare and submit to Congress, on an annualbasis, a strategic assessment regarding vulnerabilitiesin the United States and foreign travel system that maybe exploited by international terrorists, humansmugglers and traffickers, and their facilitators.(d) Report.--Not later than 180 days after the date ofenactment of this Act, the President shall transmit to Congressa report regarding the implementation of this section,including a description of the staffing and resource needs ofthe Center.(e) Relationship to the NCTC.--As part of its mission tocombat terrorist travel, the Center shall work to support theefforts of the National Counterterrorism Center._________________________________________________________________________________________________SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS._________________________________________________________________________________________________(a) Increased Number of Consular Officers.--The Secretaryof State, in each of fiscal years 2006 through 2009, mayincrease by 150 the number of positions for consular officersabove the number of such positions for which funds wereallotted for the preceding fiscal year.(b) Limitation on Use of Foreign Nationals for VisaScreening.--(1) Immigrant visas.--Section 222(b) of theImmigration and Nationality Act (8 U.S.C. 1202(b)) isamended by adding at the end the following: ``Allimmigrant visa applications shall be reviewed andadjudicated by a consular officer..(2) Nonimmigrant visas.--Section 222(d) of theImmigration and Nationality Act (8 U.S.C. 1202(d)) isamended by adding at the end the following: ``Allnonimmigrant visa applications shall be reviewed andadjudicated by a consular officer..(c) Training for Consular Officers in Detection ofFraudulent Documents.--Section 305(a) of the Enhanced BorderSecurity and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))is amended by adding at the end the following: ``In accordancewith section 7201(d) of the 9/11 Commission Implementation Actof 2004, and as part of the consular training provided to suchofficers by the Secretary of State, such officers shall alsoreceive training in detecting fraudulent documents and generaldocument forensics and shall be required as part of suchtraining to work with immigration officers conductinginspections of applicants for admission into the United Statesat ports of entry..(d) Assignment of Anti-Fraud Specialists.--(1) Survey regarding document fraud.--The Secretaryof State, in coordination with the Secretary ofHomeland Security, shall conduct a survey of eachdiplomatic and consular post at which visas are issuedto assess the extent to which fraudulent documents arepresented by visa applicants to consular officers atsuch posts.(2) Requirement for specialist.--(A) In general.--Not later than July 31,2005, the Secretary of State, in coordinationwith the Secretary of Homeland Security, shallidentify the diplomatic and consular posts atwhich visas are issued that experience thegreatest frequency of presentation offraudulent documents by visa applicants. TheSecretary of State shall assign ordesignate ateach such post at least 1 full-time anti-fraud specialist employed bythe Department of State to assist the consular officers at each suchpost in the detection of such fraud.
    • (B) Exceptions.--The Secretary of State isnot required to assign or designate aspecialist under subparagraph (A) at adiplomatic or consular post if an employee ofthe Department of Homeland Security, who hassufficient training and experience in thedetection of fraudulent documents, is assignedon a full-time basis to such post under section428 of the Homeland Security Act of 2002 (6U.S.C. 236)._________________________________________________________________________________________________SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGHTHE USE OF FRAUDULENTLY OBTAINED DOCUMENTS._________________________________________________________________________________________________(a) Findings.--Congress makes the following findings:(1) International terrorists travel acrossinternational borders to raise funds, recruit members,train for operations, escape capture, communicate, andplan and carry out attacks.(2) The international terrorists who planned andcarried out the attack on the World Trade Center onFebruary 26, 1993, the attack on the embassies of theUnited States in Kenya and Tanzania on August 7, 1998,the attack on the USS Cole on October 12, 2000, and theattack on the World Trade Center and the Pentagon onSeptember 11, 2001, traveled across internationalborders to plan and carry out these attacks.(3) The international terrorists who planned otherattacks on the United States, including the plot tobomb New York City landmarks in 1993, the plot to bombthe New York City subway in 1997, and the millenniumplot to bomb Los Angeles International Airport onDecember 31, 1999, traveled across internationalborders to plan and carry out these attacks.(4) Many of the international terrorists whoplanned and carried out large-scale attacks againstforeign targets, including the attack in Bali,Indonesia, on October 11, 2002, and the attack inMadrid, Spain, on March 11, 2004, traveled acrossinternational borders to plan and carry out theseattacks.(5) Throughout the 1990s, international terrorists,including those involved in the attack on the WorldTrade Center on February 26, 1993, the plot to bomb NewYork City landmarks in 1993, and the millennium plot tobomb Los Angeles International Airport on December 31,1999, traveled on fraudulent passports and often hadmore than 1 passport.(6) Two of the September 11, 2001, hijackers werecarrying passports that had been manipulated in afraudulent manner.(7) The National Commission on Terrorist AttacksUpon the United States, (commonly referred to as the 9/11 Commission), stated that ``Targeting travel is atleast as powerful a weapon against terrorists astargeting their money..(b) International Agreements To Track and Curtail TerroristTravel.--(1) International agreement on lost, stolen, orfalsified documents.--The President should lead effortsto track and curtail the travel of terrorists bysupporting the drafting, adoption, and implementationof international agreements, and relevant UnitedNations Security Council resolutions to track and stopinternational travel by terrorists and other criminalsthrough the use of lost, stolen, or falsified documentsto augment United Nations and other international antiterrorismefforts.(2) of international agreement.--ThePresident should seek, as appropriate, the adoption orfull implementation of effective international measures
    • to--(A) share information on lost, stolen, andfraudulent passports and other travel documentsfor the purposes of preventing the undetectedtravel of persons using such passports andother travel documents that were obtainedimproperly;(B) establish and implement a real-timeverification system of passports and othertravel documents with issuing authorities;(C) share with officials at ports of entryin any such country information relating tolost, stolen, and fraudulent passports andother travel documents;(D) encourage countries--(i) to criminalize--(I) the falsification orcounterfeiting of traveldocuments or breeder documentsfor any purpose;(II) the use or attempteduse of false documents toobtain a visa or cross a borderfor any purpose;(III) the possession oftools or implements used tofalsify or counterfeit suchdocuments;(IV) the trafficking infalse or stolen traveldocuments and breeder documentsfor any purpose;(V) the facilitation oftravel by a terrorist; and(VI) attempts to commit,including conspiracies tocommit, the crimes specified insubclauses (I) through (V);(ii) to impose significantpenalties to appropriately punishviolations and effectively deter thecrimes specified in clause (i); and(iii) to limit the issuance ofcitizenship papers, passports,identification documents, and similardocuments to persons--(I) whose identity isproven to the issuingauthority;(II) who have a bona fideentitlement to or need for suchdocuments; and(III) who are not issuedsuch documents principally onaccount of a disproportionalpayment made by them or ontheir behalf to the issuingauthority;(E) provide technical assistance tocountries to help them fully implement suchmeasures; and(F) permit immigration and borderofficials--(i) to confiscate a lost, stolen,or falsified passport at ports ofentry;(ii) to permit the traveler toreturn to the sending country withoutbeing in possession of the lost,stolen, or falsified passport; and(iii) to detain and investigatesuch traveler upon the return of thetraveler to the sending country.
    • (3) International civil aviation organization.--TheUnited States shall lead efforts to track and curtailthe travel of terrorists by supporting efforts at theInternational Civil Aviation Organization to continueto strengthen the security features of passports andother travel documents.(c) Report.--(1) In general.--Not later than 1 year after thedate of enactment of this Act, and at least annuallythereafter, the President shall submit to theappropriate congressional committees a report onprogress toward achieving the goals described insubsection (b).(2) Termination.--Paragraph (1) shall cease to beeffective when the President certifies to the Committeeon International Relations of the House ofRepresentatives and the Committee on Foreign Relationsof the Senate that the goals described in subsection(b) have been fully achieved._________________________________________________________________________________________________SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO THE ROMANALPHABET FOR INTERNATIONAL TRAVELDOCUMENTS AND NAME-BASED WATCHLIST SYSTEMS._________________________________________________________________________________________________(a) Findings.--Congress makes the following findings:(1) The current lack of a single convention fortranslating Arabic names enabled some of the 19hijackers of aircraft used in the terrorist attacksagainst the United States that occurred on September11, 2001, to vary the spelling of their names to defeatname-based terrorist watchlist systems and to make moredifficult any potential efforts to locate them.(2) Although the development and utilization ofterrorist watchlist systems using biometric identifierswill be helpful, the full development and utilizationof such systems will take several years, and name-basedterrorist watchlist systems will always be useful.(b) Sense of Congress.--It is the sense of Congress thatthe President should seek to enter into an internationalagreement to modernize and improve standards for thetransliteration of names into the Roman alphabet in order toensure 1 common spelling for such names for internationaltravel documents and name-based watchlist systems._________________________________________________________________________________________________SEC. 7206. IMMIGRATION SECURITY INITIATIVE._________________________________________________________________________________________________(a) In General.--Section 235A(b) of the Immigration andNationality Act (8 U.S.C. 1225a(b)) is amended--(1) in the subsection heading, by inserting ``andImmigration Security Initiative after ``Program;(2) by striking ``Attorney General and inserting``Secretary of Homeland Security; and(3) by adding at the end the following: ``Beginningnot later than December 31, 2006, the number ofairports selected for an assignment under thissubsection shall be at least 50..(b) Authorization of Appropriations.--There are authorizedto be appropriated to the Secretary of Homeland Security tocarry out the amendments made by subsection (a)--(1) $25,000,000 for fiscal year 2005;(2) $40,000,000 for fiscal year 2006; and(3) $40,000,000 for fiscal year 2007._________________________________________________________________________________________________SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER PARTICIPANTS._________________________________________________________________________________________________Not later than October 26, 2006, the Secretary of State
    • shall certify to Congress which of the countries designated toparticipate in the visa waiver program established undersection 217 of the Immigration and Nationality Act (8 U.S.C.1187) are developing a program to issue to individuals seekingto enter that country pursuant to a visa issued by thatcountry, a machine readable visa document that is tamperresistantand incorporates biometric identification informationthat is verifiable at its port of entry._________________________________________________________________________________________________SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM._________________________________________________________________________________________________(a) Finding.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress finds that completing a biometric entry and exit datasystem as expeditiously as possible is an essential investmentin efforts to protect the United States by preventing the entryof terrorists.(b) Definition.--In this section, the term ``entry and exitdata system means the entry and exit system required byapplicable sections of--(1) the Illegal Immigration Reform and ImmigrantResponsibility Act of 1996 (Public Law 104-208);(2) the Immigration and Naturalization Service DataManagement Improvement Act of 2000 (Public Law 106-205);(3) the Visa Waiver Permanent Program Act (PublicLaw 106-396);(4) the Enhanced Border Security and Visa EntryReform Act of 2002 (Public Law 107-173); and(5) the Uniting and Strengthening America byProviding Appropriate Tools Required to Intercept andObstruct Terrorism (USA PATRIOT ACT) Act of 2001(Public Law 107-56).(c) Plan and Report.--(1) Development of plan.--The Secretary of HomelandSecurity shall develop a plan to accelerate the fullimplementation of an automated biometric entry and exitdata system.(2) Report.--Not later than 180 days after the dateof enactment of this Act, the Secretary shall submit areport to Congress on the plan developed underparagraph (1), which shall contain--(A) a description of the currentfunctionality of the entry and exit datasystem, including--(i) a listing of ports of entry andother Department of Homeland Securityand Department of State locations withbiometric entry data systems in use andwhether such screening systems arelocated at primary or secondaryinspection areas;(ii) a listing of ports of entryand other Department of HomelandSecurity and Department of Statelocations with biometric exit datasystems in use;(iii) a listing of databases anddata systems with which the entry andexit data system are interoperable;(iv) a description of--(I) identified deficienciesconcerning the accuracy orintegrity of the informationcontained in the entry and exitdata system;(II) identifieddeficiencies concerningtechnology associated withprocessing individuals throughthe system; and
    • (III) programs or policiesplanned or implemented tocorrect problems identified insubclause (I) or (II); and(v) an assessment of theeffectiveness of the entry and exitdata system in fulfilling its intendedpurposes, including preventingterrorists from entering the UnitedStates;(B) a description of factors relevant tothe accelerated implementation of the biometricentry and exit data system, including--(i) the earliest date on which theSecretary estimates that fullimplementation of the biometric entryand exit data system can be completed;(ii) the actions the Secretary willtake to accelerate the fullimplementation of the biometric entryand exit data system at all ports ofentry through which all aliens mustpass that are legally required to doso; and(iii) the resources and authoritiesrequired to enable the Secretary tomeet the implementation date describedin clause (i);(C) a description of any improvementsneeded in the information technology employedfor the biometric entry and exit data system;(D) a description of plans for improved oradded interoperability with any other databasesor data systems; and(E) a description of the manner in whichthe Department of Homeland Securitys US-VISITprogram--(i) meets the goals of acomprehensive entry and exit screeningsystem, including both entry and exitbiometric; and(ii) fulfills the statutoryobligations under subsection (b).(d) Collection of Biometric Exit Data.--The entry and exitdata system shall include a requirement for the collection ofbiometric exit data for all categories of individuals who arerequired to provide biometric entry data, regardless of theport of entry where such categories of individuals entered theUnited States.(e) Integration and Interoperability.--(1) Integration of data system.--Not later than 2years after the date of enactment of this Act, theSecretary shall fullyintegrate all databases and datasystems that process or contain information on aliens, which aremaintained by--(A) the Department of Homeland Security,at--(i) the United States Immigrationand Customs Enforcement;(ii) the United States Customs andBorder Protection; and(iii) the United States Citizenshipand Immigration Services;(B) the Department of Justice, at theExecutive Office for Immigration Review; and(C) the Department of State, at the Bureauof Consular Affairs.(2) Interoperable component.--The fully integrateddata system under paragraph (1) shall be aninteroperable component of the entry and exit datasystem.(3) Interoperable data system.--Not later than 2years after the date of enactment of this Act, the
    • Secretary shall fully implement an interoperableelectronic data system, as required by section 202 ofthe Enhanced Border Security and Visa Entry Reform Act(8 U.S.C. 1722) to provide current and immediate accessto information in the databases of Federal lawenforcement agencies and the intelligence communitythat is relevant to determine--(A) whether to issue a visa; or(B) the admissibility or deportability ofan alien.(f) Maintaining Accuracy and Integrity of Entry and ExitData System.--(1) Policies and procedures.--(A) Establishment.--The Secretary ofHomeland Security shall establish rules,guidelines, policies, and operating andauditing procedures for collecting, removing,and updating data maintained in, and addinginformation to, the entry and exit data systemthat ensure the accuracy and integrity of thedata.(B) Training.--The Secretary shall developtraining on the rules, guidelines, policies,and procedures established under subparagraph(A), and on immigration law and procedure. Allpersonnel authorized to access informationmaintained in the databases and data systemshall receive such training.(2) Data collected from foreign nationals.--TheSecretary of Homeland Security, the Secretary of State,and the Attorney General, after consultation withdirectors of the relevant intelligence agencies, shallstandardize the information and data collected fromforeign nationals, and the procedures utilized tocollect such data, to ensure that the information isconsistent and valuable to officials accessing thatdata across multiple agencies.(3) Data maintenance procedures.--Heads of agenciesthat have databases or data systems linked to the entryand exit data system shall establish rules, guidelines,policies, and operating and auditing procedures forcollecting, removing, and updating data maintained in,and adding information to, such databases or datasystems that ensure the accuracy and integrity of thedata and for limiting access to the information in thedatabases or data systems to authorized personnel.(4) Requirements.--The rules, guidelines, policies,and procedures established under this subsectionshall--(A) incorporate a simple and timely methodfor--(i) correcting errors in a timelyand effective manner;(ii) determining which governmentofficer provided data so that theaccuracy of the data can beascertained; and(iii) clarifying information knownto cause false hits ormisidentification errors;(B) include procedures for individuals to--(i) seek corrections of datacontained in the databases or datasystems; and(ii) appeal decisions concerningdata contained in the databases or datasystems;(C) strictly limit the agency personnelauthorized to enter data into the system;(D) identify classes of information to bedesignated as temporary or permanent entries,with corresponding expiration dates fortemporary entries; and
    • (E) identify classes of prejudicialinformation requiring additional authority ofsupervisory personnel before entry.(5) Centralizing and streamlining correctionprocess.--(A) In general.--The President, or agencydirector designated by the President, shallestablish a clearinghouse bureau in theDepartment of Homeland Security, to centralizeand streamline the process through whichmembers of the public can seek corrections toerroneous or inaccurate information containedin agency databases, which is related toimmigration status, or which otherwise impedeslawful admission to the United States.(B) Time schedules.--The process describedin subparagraph (A) shall include specific timeschedules for reviewing data correctionrequests, rendering decisions on such requests,and implementing appropriate corrective actionin a timely manner.(g) Integrated Biometric Entry-Exit Screening System.--Thebiometric entry and exit data system shall facilitate efficientimmigration benefits processing by--(1) ensuring that the systems trackingcapabilities encompass data related to all immigrationbenefits processing, including--(A) visa applications with the Departmentof State;(B) immigration related filings with theDepartment of Labor;(C) cases pending before the ExecutiveOffice for Immigration Review; and(D) matters pending or under investigationbefore the Department of Homeland Security;(2) utilizing a biometric based identity numbertied to an applicants biometric algorithm establishedunder the entry and exit data system to track allimmigration related matters concerning the applicant;(3) providing that--(A) all information about an applicantsimmigration related history, including entryand exit history, can be queried throughelectronic means; and(B) database access and usage guidelinesinclude stringent safeguards to prevent misuseof data;(4) providing real-time updates to the informationdescribed in paragraph (3)(A), including pertinent datafrom all agencies referred to in paragraph (1); and(5) providing continuing education incounterterrorism techniques, tools, and methods for allFederal personnel employed in the evaluation ofimmigration documents and immigration-related policy.(h) Entry-Exit System Goals.--The Department of HomelandSecurity shall operate the biometric entry and exit system sothat it--(1) serves as a vital counterterrorism tool;(2) screens travelers efficiently and in awelcoming manner;(3) provides inspectors and related personnel withadequate real-time information;(4) ensures flexibility of training and securityprotocols to most effectively comply with securitymandates;(5) integrates relevant databases and plans fordatabase modifications to address volume increase anddatabase usage; and(6) improves database search capacities byutilizing language algorithms to detect alternatenames.(i) Dedicated Specialists and Front Line PersonnelTraining.--In implementing the provisions of subsections (g)
    • and (h), the Department of Homeland Security and the Departmentof State shall--(1) develop cross-training programs that focus onthe scope and procedures of the entry and exit datasystem;(2) provide extensive community outreach andeducation on the entry and exit data systemsprocedures;(3) provide clear and consistent eligibilityguidelines for applicants in low-risk travelerprograms; and(4) establish ongoing training modules onimmigration law to improve adjudications at our portsof entry, consulates, and embassies.(j) Compliance Status Reports.--Not later than 1 year afterthe date of enactment of this Act, the Secretary of HomelandSecurity, the Secretary of State, the Attorney General, and thehead of any other department or agency subject to therequirements of this section, shall issue individual statusreports and a joint status report detailing the compliance ofthe department or agency with each requirement under thissection.(k) Expediting Registered Travelers Across InternationalBorders.--(1) Findings.--Consistent with the report of theNational Commission on Terrorist Attacks Upon theUnited States, Congress makes the following findings:(A) Expediting the travel of previouslyscreened and known travelers across the bordersof the United States should be a high priority.(B) The process of expediting knowntravelers across the borders of the UnitedStates can permit inspectors to better focus onidentifying terrorists attempting to enter theUnited States.(2) Definition.--In this subsection, the term``registered traveler program means any programdesigned to expedite the travel of previously screenedand known travelers across the borders of the UnitedStates.(3) Registered travel program.--(A) In general.--As soon as is practicable,the Secretary shall develop and implement aregistered traveler program to expedite theprocessing of registered travelers who enterand exit the United States.(B) Participation.--The registered travelerprogram shall include as many participants aspracticable by--(i) minimizing the cost ofenrollment;(ii) making program enrollmentconvenient and easily accessible; and(iii) providing applicants withclear and consistent eligibilityguidelines.(C) Integration.--The registered travelerprogram shall be integrated into the automatedbiometric entry and exit data system describedin this section.(D) Review and evaluation.--In developingthe registered traveler program, the Secretaryshall--(i) review existing programs orpilot projects designed to expedite thetravel of registered travelers acrossthe borders of the United States;(ii) evaluate the effectiveness ofthe programs described in clause (i),the costs associated with suchprograms, and the costs to travelers tojoin such programs;(iii) increase research and
    • development efforts to accelerate thedevelopment and implementation of asingle registered traveler program; and(iv) review the feasibility ofallowing participants to enroll in theregistered traveler program at consularoffices.(4) Report.--Not later than 1 year after the dateof enactment of this Act, the Secretary shall submit toCongress a report describing the Departments progresson the development and implementation of the registeredtraveler program.(l) Authorization of Appropriations.--There are authorizedto be appropriated to the Secretary, for each of the fiscalyears 2005 through 2009, such sums as may be necessary to carryout the provisions of this section._________________________________________________________________________________________________SEC. 7209. TRAVEL DOCUMENTS._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Existing procedures allow many individuals toenter the United States by showing minimalidentification or without showing any identification.(2) The planning for the terrorist attacks ofSeptember 11, 2001, demonstrates that terrorists studyand exploit United States vulnerabilities.(3) Additional safeguards are needed to ensure thatterrorists cannot enter the United States.(b) Passports.--(1) Development of plan.--The Secretary of HomelandSecurity, in consultation with the Secretary of State,shall develop and implement a plan as expeditiously aspossible to require a passport or other document, orcombination of documents, deemed by the Secretary ofHomeland Security to be sufficient to denote identityand citizenship, for all travel into the United Statesby United States citizens and by categories ofindividuals for whom documentation requirements havepreviously been waived under section 212(d)(4)(B) ofthe Immigration and Nationality Act (8 U.S.C.1182(d)(4)(B)). This plan shall be implemented notlater than January 1, 2008, and shall seek to expeditethe travel of frequent travelers, including those whoreside in border communities, and in doing so, shallmake readily available a registered traveler program(as described in section 7208(k)).(2) Requirement to produce documentation.--The plandeveloped under paragraph (1) shall require all UnitedStates citizens, and categories of individuals for whomdocumentation requirements have previously been waivedunder section 212(d)(4)(B) of such Act, to carry andproduce the documentation described in paragraph (1)when traveling from foreign countries into the UnitedStates.(c) Technical and Conforming Amendments.--After thecomplete implementation of the plan described in subsection(b)--(1) neither the Secretary of State nor theSecretary of Homeland Security may exercise discretionunder section 212(d)(4)(B) of such Act to waivedocumentary requirements for travel into the UnitedStates; and(2) the President may not exercise discretion undersection 215(b) of such Act (8 U.S.C. 1185(b)) to waivedocumentary requirements for United States citizensdeparting from or entering, or attempting to departfrom or enter, the United States except--(A) where the Secretary of HomelandSecurity determines that the alternative
    • documentation that is the basis for the waiverof the documentary requirement is sufficient todenote identity and citizenship;(B) in the case of an unforeseen emergencyin individual cases; or(C) in the case of humanitarian or nationalinterest reasons in individual cases.(d) Transit Without Visa Program.--The Secretary of Stateshall not use any authorities granted under section212(d)(4)(C) of such Act until the Secretary, in conjunctionwith the Secretary of Homeland Security, completely implementsa security plan to fully ensure secure transit passage areas toprevent aliens proceeding in immediate and continuous transitthrough the United States from illegally entering the UnitedStates._________________________________________________________________________________________________SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASEDPREINSPECTION AT FOREIGN AIRPORTS._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) The exchange of terrorist information withother countries, consistent with privacy requirements,along with listings of lost and stolen passports, willhave immediate security benefits.(2) The further away from the borders of the UnitedStates that screening occurs, the more securitybenefits the United States will gain.(b) Sense of Congress.--It is the sense of Congress that--(1) the Federal Government should exchangeterrorist information with trusted allies;(2) the Federal Government should move toward realtimeverification of passports with issuingauthorities;(3) where practicable, the Federal Governmentshould conduct screening before a passenger departs ona flight destined for the United States;(4) the Federal Government should work with othercountries to ensure effective inspection regimes at allairports;(5) the Federal Government should work with othercountries to improve passport standards and provideforeign assistance to countries that need help makingthe transition to the global standard foridentification; and(6) the Department of Homeland Security, incoordination with the Department of State and otherFederal agencies, should implement the initiativescalled for in this subsection.(c) Report Regarding the Exchange of TerroristInformation.--(1) In general.--Not later than 180 days after thedate of enactment of this Act, the Secretary of Stateand the Secretary of Homeland Security, working withother Federal agencies, shall submit to the appropriatecommittees of Congress a report on Federal efforts tocollaborate with allies of the United States in theexchange of terrorist information.(2) --The report shall outline--(A) strategies for increasing suchcollaboration and cooperation;(B) progress made in screening passengersbefore their departure to the United States;and(C) efforts to work with other countries toaccomplish the goals described under thissection.(d) Preinspection at Foreign Airports.--(1) In general.--Section 235A(a)(4) of theImmigration and Nationality Act (8 U.S.C. 1225a(a)(4))
    • is amended to read as follows:``(4) Subject to paragraph (5), not later thanJanuary 1, 2008, the Secretary of Homeland Security, inconsultation with the Secretary of State, shallestablish preinspection stations in at least 25additional foreign airports, which the Secretary ofHomeland Security, in consultation with the Secretaryof State, determines, based on the data compiled underparagraph (3) and such other information as may beavailable, would most effectively facilitate the travelof admissible aliens and reduce the number ofinadmissible aliens, especially aliens who arepotential terrorists, who arrive from abroad by air atpoints of entry within the United States. Suchpreinspection stations shall be in addition to thoseestablished before September 30, 1996, or pursuant toparagraph (1)..(2) Report.--Not later than June 30, 2006, theSecretary of Homeland Security and the Secretary ofState shall submit a report on the progress being madein implementing the amendment made by paragraph (1)to--(A) the Committee on the Judiciary of theSenate;(B) the Committee on the Judiciary of theHouse of Representatives;(C) the Committee on Foreign Relations ofthe Senate;(D) the Committee on InternationalRelations of the House of Representatives;(E) the Committee on Homeland Security andGovernmental Affairs of the Senate; and(F) the Select Committee on HomelandSecurity of the House of Representatives (orany successor committee)._________________________________________________________________________________________________SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES._________________________________________________________________________________________________(a) Definition.--In this section, the term ``birthcertificate means a certificate of birth--(1) for an individual (regardless of where born)--(A) who is a citizen or national of theUnited States at birth; and(B) whose birth is registered in the UnitedStates; and(2) that--(A) is issued by a Federal, State, or localgovernment agency or authorized custodian ofrecord and produced from birth recordsmaintained by such agency or custodian ofrecord; or(B) is an authenticated copy, issued by aFederal, State, or local government agency orauthorized custodian of record, of an originalcertificate of birth issued by such agency orcustodian of record.(b) Standards for Acceptance by Federal Agencies.--(1) In general.--Beginning 2 years after thepromulgation of minimum standards under paragraph (3),no Federal agency may accept a birth certificate forany official purpose unless the certificate conforms tosuch standards.(2) State certification.--(A) In general.--Each State shall certifyto the Secretary of Health and Human Servicesthat the State is in compliance with therequirements of this section.(B) Frequency.--Certifications undersubparagraph (A) shall be made at suchintervals and in such a manner as the Secretaryof Health and Human Services, with the
    • concurrence of the Secretary of HomelandSecurity and the Commissioner of SocialSecurity, may prescribe by regulation.(C) Compliance.--Each State shall ensurethat units of local government and otherauthorized custodians of records in the Statecomply with this section.(D) Audits.--The Secretary of Health andHuman Services may conduct periodic audits ofeach States compliance with the requirementsof this section.(3) Minimum standards.--Not later than 1 year afterthe date of enactment of this Act, the Secretary ofHealth and Human Services shall by regulation establishminimum standards for birth certificates for use byFederal agencies for official purposes that--(A) at a minimum, shall requirecertification of the birth certificate by theState or local government custodian of recordthat issued the certificate, and shall requirethe use of safety paper or an alternative,equally secure medium, the seal of the issuingcustodian of record, and other featuresdesigned to prevent tampering, counterfeiting,or otherwise duplicating the birth certificatefor fraudulent purposes;(B) shall establish requirements for proofand verification of identity as a condition ofissuance of a birth certificate, withadditional security measures for the issuanceof a birth certificate for a person who is notthe applicant;(C) shall establish standards for theprocessing of birth certificate applications toprevent fraud;(D) may not require a single design towhich birth certificates issued by all Statesmust conform; and(E) shall accommodate the differencesbetween the States in the manner and form inwhich birth records are stored and birthcertificates are produced from such records.(4) Consultation with government agencies.--Inpromulgating the standards required under paragraph(3), the Secretary of Health and Human Services shallconsult with--(A) the Secretary of Homeland Security;(B) the Commissioner of Social Security;(C) State vital statistics offices; and(D) other appropriate Federal agencies.(5) Extension of effective date.--The Secretary ofHealth and Human Services may extend the date specifiedunder paragraph (1) for up to 2 years for birthcertificates issued by a State if the Secretarydetermines that the State made reasonable efforts tocomply with the date under paragraph (1) but was unableto do so.(c) Grants to States.--(1) Assistance in meeting federal standards.--(A) In general.--Beginning on the date afinal regulation is promulgated undersubsection (b)(3), the Secretary of Health andHuman Services shall award grants to States toassist them in conforming to the minimumstandards for birth certificates set forth inthe regulation.(B) Allocation of grants.--The Secretaryshall award grants to States under thisparagraph based on the proportion that theestimated average annual number of birthcertificates issued by a State applying for agrant bears to the estimated average annualnumber of birth certificates issued by all
    • States.(C) Minimum allocation.--Notwithstandingsubparagraph (B), each State shall receive notless than 0.5 percent of the grant funds madeavailable under this paragraph.(2) Assistance in matching birth and deathrecords.--(A) In general.--The Secretary of Healthand Human Services, in coordination with theCommissioner of Social Security and otherappropriate Federal agencies, shall awardgrants to States, under criteria established bythe Secretary, to assist States in--(i) computerizing their birth anddeath records;(ii) developing the capability tomatch birth and death records withineach State and among the States; and(iii) noting the fact of death onthe birth certificates of deceasedpersons.(B) Allocation of grants.--The Secretaryshall award grants to qualifying States underthis paragraph based on the proportion that theestimated annual average number of birth anddeath records created by a State applying for agrant bears to the estimated annual averagenumber of birth and death records originated byall States.(C) Minimum allocation.--Notwithstandingsubparagraph (B), each State shall receive notless than 0.5 percent of the grant funds madeavailable under this paragraph.(d) Authorization of Appropriations.--There are authorizedto be appropriated to the Secretary for each of the fiscalyears 2005 through 2009 such sums as may be necessary to carryout this section.(e) Technical and Conforming Amendment.--Section 656 of theIllegal Immigration Reform and Immigrant Responsibility Act of1996 (5 U.S.C. 301 note) is repealed._________________________________________________________________________________________________SEC. 7212. DRIVERS LICENSES AND PERSONAL IDENTIFICATION CARDS._________________________________________________________________________________________________(a) Definitions.--In this section:(1) Drivers license.--The term ``driverslicense means a motor vehicle operators license asdefined in section 30301(5) of title 49, United StatesCode.(2) Personal identification card.--The term``personal identification card means anidentification document (as defined in section1028(d)(3) of title 18, United States Code) issued by aState.(b) Standards for Acceptance by Federal Agencies.--(1) In general.--(A) Limitation on acceptance.--No Federalagency may accept, for any official purpose, adrivers license or personal identificationcard newly issued by a State more than 2 yearsafter the promulgation of the minimum standardsunder paragraph (2) unless the drivers licenseor personal identification card conforms tosuch minimum standards.(B) Date for conformance.--The Secretary ofTransportation, in consultation with theSecretary of Homeland Security, shall establisha date after which no drivers license orpersonal identification card shall be acceptedby a Federal agency for any official purposeunless such drivers license or personalidentification card conforms to the minimum
    • standards established under paragraph (2). Thedate shall be as early as the Secretarydetermines it is practicable for the States tocomply with such date with reasonable efforts.(C) State certification.--(i) In general.--Each State shallcertify to the Secretary ofTransportation that the State is incompliance with the requirements ofthis section.(ii) Frequency.--Certificationsunder clause (i) shall be made at suchintervals and in such a manner as theSecretary of Transportation, with theconcurrence of the Secretary ofHomeland Security, may prescribe byregulation.(iii) Audits.--The Secretary ofTransportation may conduct periodicaudits of each States compliance withthe requirements of this section.(2) Minimum standards.--Not later than 18 monthsafter the date of enactment of this Act, the Secretaryof Transportation, in consultation with the Secretaryof Homeland Security, shall by regulation, establishminimum standards for drivers licenses or personalidentification cards issued by a State for use byFederal agencies for identification purposes that shallinclude--(A) standards for documentation required asproof of identity of an applicant for adrivers license or personal identificationcard;(B) standards for the verifiability ofdocuments used to obtain a drivers license orpersonal identification card;(C) standards for the processing ofapplications for drivers licenses and personalidentification cards to prevent fraud;(D) standards for information to beincluded on each drivers license or personalidentification card, including--(i) the persons full legal name;(ii) the persons date of birth;(iii) the persons gender;(iv) the persons drivers licenseor personal identification card number;(v) a digital photograph of theperson;(vi) the persons address ofprincipal residence; and(vii) the persons signature;(E) standards for common machine-readableidentity information to be included on eachdrivers license or personal identificationcard, including defined minimum data elements;(F) security standards to ensure thatdrivers licenses and personal identificationcards are--(i) resistant to tampering,alteration, or counterfeiting; and(ii) capable of accommodating andensuring the security of a digitalphotograph or other unique identifier;and(G) a requirement that a State confiscate adrivers license or personal identificationcard if any component or security feature ofthe license or identification card iscompromised.(3) Content of regulations.--The regulationsrequired by paragraph (2)--(A) shall facilitate communication between
    • the chief driver licensing official of a State,an appropriate official of a Federal agency andother relevant officials, to verify theauthenticity of documents, as appropriate,issued by such Federal agency or entity andpresented to prove the identity of anindividual;(B) may not infringe on a States power toset criteria concerning what categories ofindividuals are eligible to obtain a driverslicense or personal identification card fromthat State;(C) may not require a State to comply withany such regulation that conflicts with orotherwise interferes with the full enforcementof State criteria concerning the categories ofindividuals that are eligible to obtain adrivers license or personal identificationcard from that State;(D) may not require a single design towhich drivers licenses or personalidentification cards issued by all States mustconform; and(E) shall include procedures andrequirements to protect the privacy rights ofindividuals who apply for and hold driverslicenses and personal identification cards.(4) Negotiated rulemaking.--(A) In general.--Before publishing theproposed regulations required by paragraph (2)to carry out this title, the Secretary ofTransportation shall establish a negotiatedrulemaking process pursuant to subchapter IV ofchapter 5 of title 5, United States Code (5U.S.C. 561 et seq.).(B) Representation on negotiated rulemakingcommittee.--Any negotiated rulemaking committeeestablished by the Secretary of Transportationpursuant to subparagraph (A) shall includerepresentatives from--(i) among State offices that issuedrivers licenses or personalidentification cards;(ii) among State elected officials;(iii) the Department of HomelandSecurity; and(iv) among interested parties.(C) Time requirement.--The processdescribed in subparagraph (A) shall beconducted in a timely manner to ensure that--(i) any recommendation for aproposed rule or report is provided tothe Secretary of Transportation notlater than 9 months after the date ofenactment of this Act and shall includean assessment of the benefits and costsof the recommendation; and(ii) a final rule is promulgatednot later than 18 months after the dateof enactment of this Act.(c) Grants to States.--(1) Assistance in meeting federal standards.--Beginning on the date a final regulation is promulgatedunder subsection (b)(2), the Secretary ofTransportation shall award grants to States to assistthem in conforming to the minimum standards fordrivers licenses and personal identification cards setforth in the regulation.(2) Allocation of grants.--The Secretary ofTransportation shall award grants to States under thissubsection based on the proportion that the estimatedaverage annual number of drivers licenses and personalidentification cards issued by a State applying for a
    • grant bears to the average annual number of suchdocuments issued by all States.(3) Minimum allocation.--Notwithstanding paragraph(2), each State shall receive not less than 0.5 percentof the grant funds made available under thissubsection.(d) Extension of Effective Date.--The Secretary ofTransportation may extend the date specified under subsection(b)(1)(A) for up to 2 years for drivers licenses issued by aState if the Secretary determines that the State madereasonable efforts to comply with the date under suchsubsection but was unable to do so.(e) Authorization of Appropriations.--There are authorizedto be appropriated to the Secretary of Transportation for eachof the fiscal years 2005 through 2009, such sums as may benecessary to carry out this section._________________________________________________________________________________________________SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS._________________________________________________________________________________________________(a) Security Enhancements.--The Commissioner of SocialSecurity shall--(1) not later than 1 year after the date ofenactment of this Act--(A) restrict the issuance of multiplereplacement social security cards to anyindividual to 3 per year and 10 for the life ofthe individual, except that the Commissionermay allow for reasonable exceptions from thelimits under this paragraph on a case-by-casebasis in compelling circumstances;(B) establish minimum standards for theverification of documents or records submittedby an individual to establish eligibility foran original or replacement social securitycard, other than for purposes of enumeration atbirth; and(C) require independent verification of anybirth record submitted by an individual toestablish eligibility for a social securityaccount number, other than for purposes ofenumeration at birth, except that theCommissioner may allow for reasonableexceptions from the requirement for independentverification under this subparagraph on a caseby case basis in compelling circumstances; and(2) notwithstanding section 205(r) of the SocialSecurity Act (42 U.S.C. 405(r)) and any agreemententered into thereunder, not later than 18 months afterthe date of enactment of this Act with respect to deathindicators and not later than 36 months after the dateof enactment of this Act with respect to fraudindicators, add death and fraud indicators to thesocial security number verification systems foremployers, State agencies issuing drivers licenses andidentity cards, and other verification routines thatthe Commissioner determines to be appropriate.(b) Interagency Security Task Force.--The Commissioner ofSocial Security, in consultation with the Secretary of HomelandSecurity, shall form an interagency task force for the purposeof further improving the security of social security cards andnumbers. Not later than 18 months after the date of enactmentof this Act, the task force shall establish, and theCommissioner shall provide for the implementation of, securityrequirements, including--(1) standards for safeguarding social securitycards from counterfeiting, tampering, alteration, andtheft;(2) requirements for verifying documents submittedfor the issuance of replacement cards; and(3) actions to increase enforcement against thefraudulent use or issuance of social security numbers
    • and cards.(c) Enumeration at Birth.--(1) Improvement of application process.--As soon aspracticable after the date of enactment of this Act,the Commissioner of Social Security shall undertake tomake improvements to the enumeration at birth programfor the issuance of social security account numbers tonewborns. Such improvements shall be designed toprevent--(A) the assignment of social securityaccount numbers to unnamed children;(B) the issuance of more than 1 socialsecurity account number to the same child; and(C) other opportunities for fraudulentlyobtaining a social security account number.(2) Report to congress.--Not later than 1 yearafter the date of enactment of this Act, theCommissioner shall transmit to each House of Congress areport specifying in detail the extent to which theimprovements required under paragraph (1) have beenmade.(d) Study Regarding Process for Enumeration at Birth.--(1) In general.--As soon as practicable after thedate of enactment of this Act, the Commissioner ofSocial Security shall conduct a study to determine themost efficient options for ensuring the integrity ofthe process for enumeration at birth. This study shallinclude an examination of available methods forreconciling hospital birth records with birthregistrations submitted to agencies of States andpolitical subdivisions thereof and with informationprovided to the Commissioner as part of the process forenumeration at birth.(2) Report.--(A) In general.--Not later than 18 monthsafter the date of enactment of this Act, theCommissioner shall submit a report to theCommittee on Ways and Means of the House ofRepresentatives and the Committee on Finance ofthe Senate regarding the results of the studyconducted under paragraph (1).(B) --The report submitted undersubparagraph (A) shall contain suchrecommendations for legislative changes as theCommissioner considers necessary to implementneeded improvements in the process forenumeration at birth.(e) Authorization of Appropriations.--There are authorizedto be appropriated to the Commissioner of Social Security foreach of the fiscal years 2005 through 2009, such sums as may benecessary to carry out this section._________________________________________________________________________________________________SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVERSLICENSES OR MOTOR VEHICLE REGISTRATIONS._________________________________________________________________________________________________(a) In General.--Section 205(c)(2)(C)(vi) of the SocialSecurity Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--(1) by inserting ``(I) after ``(vi); and(2) by adding at the end the following newsubclause:``(II) Any State or political subdivision thereof (and anyperson acting as an agent of such an agency orinstrumentality), in the administration of any drivers licenseor motor vehicle registration law within its jurisdiction, maynot display a social security account number issued by theCommissioner of Social Security (or any derivative of suchnumber) on any drivers license, motor vehicle registration, orpersonal identification card (as defined in section 7212(a)(2)of the 9/11 Commission Implementation Act of 2004), or include,on any such license, registration, or personal identificationcard, a magnetic strip, bar code, or other means of
    • communication which conveys such number (or derivativethereof)..(b) Effective Date.--The amendment made by subsection(a)(2) shall apply with respect to licenses, registrations, andidentification cards issued or reissued 1 year after the dateof enactment of this Act.(c) Authorization of Appropriations.--There are authorizedto be appropriated to the Commissioner of Social Security foreach of the fiscal years 2005 through 2009, such sums as may benecessary to carry out this section._________________________________________________________________________________________________SEC. 7215. TERRORIST TRAVEL PROGRAM._________________________________________________________________________________________________The Secretary of Homeland Security, in consultation withthe Director of the National Counterterrorism Center, andconsistent with the strategy developed under section 7201,shall establish a program to oversee the implementation of theDepartments responsibilities with respect to terrorist travel,including the analysis, coordination, and dissemination ofterrorist travel intelligence and operational information--(1) among appropriate subdivisions of theDepartment of Homeland Security, including--(A) the Bureau of Customs and BorderProtection;(B) United States Immigration and CustomsEnforcement;(C) United States Citizenship andImmigration Services;(D) the Transportation SecurityAdministration; and(E) any other subdivision, as determined bythe Secretary; and(2) between the Department of Homeland Security andother appropriate Federal agencies._________________________________________________________________________________________________SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY._________________________________________________________________________________________________Section 1028(b)(4) of title 18, United States Code, isamended by striking ``25 years and inserting ``30 years._________________________________________________________________________________________________SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS._________________________________________________________________________________________________(a) In General.--Not later than May 31, 2005, the Secretaryof State, in consultation with the Secretary of HomelandSecurity, shall submit a report, containing the results of astudy on the subjects described in subsection (b), to--(1) the Committee on the Judiciary of the Senate;(2) the Committee on the Judiciary of the House ofRepresentatives;(3) the Committee on Foreign Relations of theSenate;(4) the Committee on International Relations of theHouse of Representatives;(5) the Committee on Homeland Security andGovernmental Affairs of the Senate; and(6) the Select Committee on Homeland Security ofthe House of Representatives (or any successorcommittee).(b) --The study referred to in subsection (a)shall examine the feasibility, cost, potential benefits, andrelative importance to the objectives of tracking suspectedterrorists travel, and apprehending suspected terrorists, ofestablishing a system, in coordination with other countries,through which border and visa issuance officials have access inreal-time to information on newly issued passports to personswhose previous passports were allegedly lost or stolen.
    • (c) Incentives.--The study described in subsection (b)shall make recommendations on incentives that might be offeredto encourage foreign nations to participate in the initiativesdescribed in subsection (b)._________________________________________________________________________________________________SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE DEPARTMENT OFSTATE._________________________________________________________________________________________________(a) Establishment.--There is established, within the Bureauof Diplomatic Security of the Department of State, the Visa andPassport Security Program (in this section referred to as the``Program).(b) Preparation of Strategic Plan.--(1) In general.--The Assistant Secretary forDiplomatic Security, in coordination with theappropriate officials of the Bureau of ConsularAffairs, the coordinator for counterterrorism, theNational Counterterrorism Center, and the Department ofHomeland Security, and consistent with the strategymandated by section 7201, shall ensure the preparationof a strategic plan to target and disrupt individualsand organizations, within the United States and inforeign countries, that are involved in the fraudulentproduction, distribution, use, or other similaractivity--(A) of a United States visa or UnitedStates passport;(B) of documents intended to helpfraudulently procure a United States visa orUnited States passport, or other documentsintended to gain unlawful entry into the UnitedStates; or(C) of passports and visas issued byforeign countries intended to gain unlawfulentry into the United States.(2) Emphasis.--The strategic plan shall--(A) focus particular emphasis onindividuals and organizations that may havelinks to domestic terrorist organizations orforeign terrorist organizations (as such termis defined in section 219 of the Immigrationand Nationality Act (8 U.S.C. 1189));(B) require the development of a strategictraining course under the AntiterrorismAssistance Training (ATA) program of theDepartment of State (or any successor orrelated program) under chapter 8 of part II ofthe Foreign Assistance Act of 1961 (22 U.S.C.2349aa et seq.) (or other relevant provisionsof law) to train participants in theidentification of fraudulent documents and theforensic detection of such documents which maybe used to obtain unlawful entry into theUnited States; and(C) determine the benefits and costs ofproviding technical assistance to foreigngovernments to ensure the security ofpassports, visas, and related documents and toinvestigate, arrest, and prosecute individualswho facilitate travel by the creation of falsepassports and visas, documents to obtain suchpassports and visas, and other types of traveldocuments.(c) Program.--(1) Individual in charge.--(A) Designation.--The Assistant Secretaryfor Diplomatic Security shall designate anindividual to be in charge of the Program.(B) Qualification.--The individualdesignated under subparagraph (A) shall haveexpertise and experience in the investigation
    • and prosecution of visa and passport fraud.(2) Program components.--The Program shall includethe following:(A) Analysis of methods.--Analyze, incoordination with other appropriate governmentagencies, methods used by terrorists to travelinternationally, particularly the use of falseor altered travel documents to illegally enterforeign countries and the United States, andconsult with the Bureau of Consular Affairs andthe Secretary of Homeland Security onrecommended changes to the visa issuanceprocess that could combat such methods,including the introduction of new technologiesinto such process.(B) Identification of individuals anddocuments.--Identify, in cooperation with theHuman Trafficking and Smuggling Center,individuals who facilitate travel by thecreation of false passports and visas,documents used to obtain such passports andvisas, and other types of travel documents, andensure that the appropriate agency is notifiedfor further investigation and prosecution or,in the case of such individuals abroad forwhich no further investigation or prosecutionis initiated, ensure that all appropriateinformation is shared with foreign governmentsin order to facilitate investigation, arrest,and prosecution of such individuals.(C) Identification of foreign countriesneeding assistance.--Identify foreign countriesthat need technical assistance, such as lawreform, administrative reform, prosecutorialtraining, or assistance to police and otherinvestigative services, to ensure passport,visa, and related document security and toinvestigate, arrest, and prosecute individualswho facilitate travel by the creation of falsepassports and visas, documents used to obtainsuch passports and visas, and other types oftravel documents.(D) Inspection of applications.--Randomlyinspect visa and passport applications foraccuracy, efficiency, and fraud, especially athigh terrorist threat posts, in order toprevent a recurrence of the issuance of visasto those who submit incomplete, fraudulent, orotherwise irregular or incomplete applications.(d) Report.--Not later than 90 days after the date on whichthe strategy required under section 7201 is submitted toCongress, the Assistant Secretary for Diplomatic Security shallsubmit to Congress a report containing--(1) a description of the strategic plan preparedunder subsection (b); and(2) an evaluation of the feasibility ofestablishing civil service positions in field officesof the Bureau of Diplomatic Security to investigatevisa and passport fraud, including an evaluation ofwhether to allow diplomatic security agents to convertto civil service officers to fill such positions._________________________________________________________________________________________________SEC. 7219. EFFECTIVE DATE._________________________________________________________________________________________________Notwithstanding any other provision of this Act, thissubtitle shall take effect on the date of enactment of thisAct._________________________________________________________________________________________________SEC. 7220. IDENTIFICATION STANDARDS._________________________________________________________________________________________________
    • (a) Proposed Standards.--(1) In general.--The Secretary of HomelandSecurity--(A) shall propose minimum standards foridentification documents required of domesticcommercial airline passengers for boarding anaircraft; and(B) may, from time to time, propose minimumstandards amending or replacing standardspreviously proposed and transmitted to Congressand approved under this section.(2) Submission to congress.--Not later than 6months after the date of enactment of this Act, theSecretary shall submit the standards under paragraph(1)(A) to the Senate and the House of Representativeson the same day while each House is in session.(3) Effective date.--Any proposed standardssubmitted to Congress under this subsection shall takeeffect when an approval resolution is passed by theHouse and the Senate under the procedures described insubsection (b) and becomes law.(b) Congressional Approval Procedures.--(1) Rulemaking power.--This subsection is enactedby Congress--(A) as an exercise of the rulemaking powerof the Senate and the House of Representatives,respectively, and as such they are deemed apart of the rules of each House, respectively,but applicable only with respect to theprocedure to be followed in that House in thecase of such approval resolutions; and itsupersedes other rules only to the extent thatthey are inconsistent therewith; and(B) with full recognition of theconstitutional right of either House to changethe rules (so far as relating to the procedureof that House) at any time, in the same mannerand to the same extent as in the case of anyother rule of that House.(2) Approval resolution.--For the purpose of thissubsection, the term ``approval resolution means ajoint resolution of Congress, the matter after theresolving clause of which is as follows: ``That theCongress approves the proposed standards issued undersection 7220 of the 9/11 Commission Implementation Actof 2004, transmitted by the President to the Congresson ______, the blank space being filled in with theappropriate date.(3) Introduction.--Not later than the first day ofsession following the day on which proposed standardsare transmitted to the House of Representatives and theSenate under subsection (a), an approval resolution--(A) shall be introduced (by request) in theHouse by the Majority Leader of the House ofRepresentatives, for himself or herself and theminority leader of the House ofRepresentatives, or by Members of the House ofRepresentatives designated by the MajorityLeader and Minority Leader of the House; and(B) shall be introduced (by request) in theSenate by the Majority Leader of the Senate,for himself or herself and the Minority Leaderof the Senate, or by Members of the Senatedesignated by the Majority Leader and MinorityLeader of the Senate.(4) Prohibitions.--(A) Amendments.--No amendment to anapproval resolution shall be in order in eitherthe House of Representatives or the Senate.(B) Motions to suspend.--No motion tosuspend the application of this paragraph shallbe in order in either House, nor shall it be in
    • order in either House for the Presiding Officerto entertain a request to suspend theapplication of this paragraph by unanimousconsent.(5) Referral.--(A) In general.--An approval resolutionshall be referred to the committees of theHouse of Representatives and of the Senate withjurisdiction. Each committee shall make itsrecommendations to the House of Representativesor the Senate, as the case may be, within 45days after its introduction. Except as providedin subparagraph (B), if a committee to which anapproval resolution has been referred has notreported it at the close of the 45th day afterits introduction, such committee shall beautomatically discharged from furtherconsideration of the resolution and it shall beplaced on the appropriate calendar.(B) Final passage.--A vote on final passageof the resolution shall be taken in each Houseon or before the close of the 15th day afterthe resolution is reported by the committee orcommittees of that House to which it wasreferred, or after such committee or committeeshave been discharged from further considerationof the resolution.(C) Computation of days.--For purposes ofthis paragraph, in computing a number of daysin either House, there shall be excluded anyday on which that House is not in session.(6) Coordination with action of other house.--Ifprior to the passage by one House of an approvalresolution of that House, that House receives the sameapproval resolution from the other House, then theprocedure in that House shall be the same as if noapproval resolution has been received from the otherHouse, but the vote on final passage shall be on theapproval resolution of the other House.(7) Floor consideration in the house ofrepresentatives.--(A) Motion to proceed.--A motion in theHouse of Representatives to proceed to theconsideration of an approval resolution shallbe highly privileged and not debatable. Anamendment to the motion shall not be in order,nor shall it be in order to move to reconsiderthe vote by which the motion is agreed to ordisagreed to.(B) Debate.--Debate in the House ofRepresentatives on an implementing bill orapproval resolution shall be limited to notmore than 4 hours, which shall be dividedequally between those favoring and thoseopposing the resolution. A motion to furtherlimit debate shall not be debatable. It shallnot be in order to move to recommit an approvalresolution or to move to reconsider the vote bywhich an approval resolution is agreed to ordisagreed to.(C) Motion to postpone.--Motions topostpone made in the House of Representativeswith respect to the consideration of anapproval resolution and motions to proceed tothe consideration of other business shall bedecided without debate.(D) Appeals.--All appeals from thedecisions of the Chair relating to theapplication of the Rules of the House ofRepresentatives to the procedure relating to anapproval resolution shall be decided withoutdebate.(E) Rules of the house of
    • representatives.--Except to the extentspecifically provided in subparagraphs (A)through (D), consideration of an approvalresolution shall be governed by the Rules ofthe House of Representatives applicable toother resolutions in similar circumstances.(8) Floor consideration in the Senate.--(A) Motion to proceed.--A motion in theSenate to proceed to the consideration of anapproval resolution shall be privileged and notdebatable. An amendment to the motion shall notbe in order, not shall it be in order to moveto reconsider the vote by which the motion isagreed to or disagreed to.(B) Debate on resolution.--Debate in theSenate on an approval resolution, and appealsin connection therewith, shall be limited tonot more than 10 hours, which shall be equallydivided between, and controlled by, theMajority Leader and the Minority Leader, ortheir designees.(C) Debate on motions and appeals.--Debatein the Senate on any debatable motion or appealin connection with an approval resolution shallbe limited to not more than 1 hour, which shallbe equally divided between, and controlled by,the mover and the manager of the resolution,except that in the event the manager of theresolution is in favor of any such motion orappeal, the time in opposition thereto, shallbe controlled by the Minority Leader ordesignee. Such leaders, or either of them, may,from time under their control on the passage ofan approval resolution, allot additional timeto any Senator during the consideration of anydebatable motion or appeal.(D) Limit on debate.--A motion in theSenate to further limit debate is notdebatable. A motion to recommit an approvalresolution is not in order.(c) Default Standards.--(1) In general.--If the standards proposed undersubsection (a)(1)(A) are not approved pursuant to theprocedures described in subsection (b), then not laterthan 1 year after rejection by a vote of either Houseof Congress, domestic commercial airline passengersseeking to board an aircraft shall present, foridentification purposes--(A) a valid, unexpired passport;(B) domestically issued documents that theSecretary of Homeland Security designates asreliable for identification purposes;(C) any document issued by the AttorneyGeneral or the Secretary of Homeland Securityunder the authority of 1 of the immigrationlaws (as defined under section 101(a)(17) ofthe Immigration and Nationality Act (8 U.S.C.1101(a)(17)); or(D) a document issued by the country ofnationality of any alien not required topossess a passport for admission to the UnitedStates that the Secretary designates asreliable for identifications purposes(2) Exception.--The documentary requirementsdescribed in paragraph (1)--(A) shall not apply to individuals belowthe age of 17, or such other age as determinedby the Secretary of Homeland Security;(B) may be waived by the Secretary ofHomeland Security in the case of an unforeseenmedical emergency.(d) Recommendation to Congress.--Not later than 1 yearafter the date of enactment of this Act, the Secretary of
    • Homeland Security shall recommend to Congress--(1) categories of Federal facilities that theSecretary determines to be at risk for terrorist attackand requiring minimum identification standards foraccess to such facilities; and(2) appropriate minimum identification standards togain access to those facilities._________________________________________________________________________________________________SEC. 7301. THE INCIDENT COMMAND SYSTEM._________________________________________________________________________________________________Subtitle C--National PreparednessSEC. 7301. THE INCIDENT COMMAND SYSTEM.(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) The attacks on September 11, 2001, demonstratedthat even the most robust emergency responsecapabilities can be overwhelmed if an attack is largeenough.(2) Teamwork, collaboration, and cooperation at anincident site are critical to a successful response toa terrorist attack.(3) Key decisionmakers who are represented at theincident command level help to ensure an effectiveresponse, the efficient use of resources, and respondersafety.(4) The incident command system also enablesemergency managers and first responders to manage,generate, receive, evaluate, share, and useinformation.(5) Regular joint training at all levels isessential to ensuring close coordination during anactual incident.(6) In Homeland Security Presidential Directive 5,the President directed the Secretary of HomelandSecurity to develop an incident command system, to beknown as the National Incident Management System(NIMS), and directed all Federal agencies to make theadoption of NIMS a condition for the receipt of Federalemergency preparedness assistance by States,territories, tribes, and local governments beginning infiscal year 2005.(b) Sense of Congress.--It is the sense of Congress that--(1) the United States needs to implement therecommendations of the National Commission on TerroristAttacks Upon the United States by adopting a unifiedincident command system and significantly enhancingcommunications connectivity between and among alllevels of government agencies, emergency responseproviders (as defined in section 2 of the HomelandSecurity Act of 2002 (6 U.S.C. 101), and otherorganizations with emergency response capabilities;(2) the unified incident command system shouldenable emergency managers and first responders tomanage, generate, receive, evaluate, share, and useinformation in the event of a terrorist attack or asignificant national disaster;(3) emergency response agencies nationwide shouldadopt the Incident Command System known as NIMS;(4) when multiple agencies or multiplejurisdictions are involved, they should follow aunified command system based on NIMS;(5) the regular use of, and training in, NIMS byStates and, to the extent practicable, territories,tribes, and local governments, should be a conditionfor receiving Federal preparedness assistance; and(6) the Secretary of Homeland Security shouldrequire, as a further condition of receiving homelandsecurity preparedness funds from the Office of Stateand Local Government Coordination and Preparedness,that grant applicants document measures taken to fully
    • and aggressively implement the Incident Command Systemand unified command procedures._________________________________________________________________________________________________SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID._________________________________________________________________________________________________(a) Definitions.--In this section:(1) Authorized representative of the federalgovernment.--The term ``authorized representative ofthe Federal Government means any individual orindividuals designated by the President with respect tothe executive branch, the Chief Justice with respect tothe Federal judiciary, or the President of the Senateand Speaker of the House of Representatives withrespect to Congress, or their designees, to requestassistance under a mutual aid agreement for anemergency or public service event.(2) Chief operating officer.--The term ``chiefoperating officer means the official designated bylaw to declare an emergency in and for the locality ofthat chief operating officer.(3) Emergency.--The term ``emergency means amajor disaster or emergency declared by the President,or a state of emergency declared by the mayor of theDistrict of Columbia, the Governor of the State ofMaryland or the Commonwealth of Virginia, or thedeclaration of a local emergency by the chief operatingofficer of a locality, or their designees, thattriggers mutual aid under the terms of a mutual aidagreement.(4) Employee.--The term ``employee means theemployees of the party, including its agents orauthorized volunteers, who are committed in a mutualaid agreement to prepare for or who respond to anemergency or public service event.(5) Locality.--The term ``locality means acounty, city, or town within the State of Maryland orthe Commonwealth of Virginia and within the NationalCapital Region.(6) Mutual aid agreement.--The term ``mutual aidagreement means an agreement, authorized undersubsection (b), for the provision of police, fire,rescue and other public safety and health or medicalservices to any party to the agreement during a publicservice event, an emergency, or pre-planned trainingevent.(7) National capital region or region.--The term``National Capital Region or ``Region means thearea defined under section 2674(f)(2) of title 10,United States Code, and those counties with a borderabutting that area and any municipalities therein.(8) Party.--The term ``party means the State ofMaryland, the Commonwealth of Virginia, the District ofColumbia, and any of the localities duly executing aMutual Aid Agreement under this section.(9) Public service event.--The term ``publicservice event--(A) means any undeclared emergency,incident or situation in preparation for orresponse to which the mayor of the District ofColumbia, an authorized representative of theFederal Government, the Governor of the Stateof Maryland, the Governor of the Commonwealthof Virginia, or the chief operating officer ofa locality in the National Capital Region, ortheir designees, requests or providesassistance under a Mutual Aid Agreement withinthe National Capital Region; and(B) includes Presidential inaugurations,public gatherings, demonstrations and protests,and law enforcement, fire, rescue, emergencyhealth and medical services, transportation,
    • communications, public works and engineering,mass care, and other support that require humanresources, equipment, facilities or servicessupplemental to or greater than the requestingjurisdiction can provide.(10) State.--The term ``State means the State ofMaryland, the Commonwealth of Virginia, and theDistrict of Columbia.(11) Training.--The term ``training meansemergency and public service event-related exercises,testing, or other activities using equipment andpersonnel to simulate performance of any aspect of thegiving or receiving of aid by National Capital Regionjurisdictions during emergencies or public serviceevents, such actions occurring outside actual emergencyor public service event periods.(b) Mutual Aid Authorized.--(1) In general.--The mayor of the District ofColumbia, any authorized representative of the FederalGovernment, the Governor of the State of Maryland, theGovernor of the Commonwealth of Virginia, or the chiefoperating officer of a locality, or their designees,acting within his or her jurisdictional purview, may,in accordance with State law, enter into, request orprovide assistance under mutual aid agreements withlocalities, the Washington Metropolitan Area TransitAuthority, the Metropolitan Washington AirportsAuthority, and any other governmental agency orauthority for--(A) law enforcement, fire, rescue,emergency health and medical services,transportation, communications, public worksand engineering, mass care, and resourcesupport in an emergency or public serviceevent;(B) preparing for, mitigating, managing,responding to or recovering from any emergencyor public service event; and(C) training for any of the activitiesdescribed under subparagraphs (A) and (B).(2) Facilitating localities.--The State of Marylandand the Commonwealth of Virginia are encouraged tofacilitate the ability of localities to enter intointerstate mutual aid agreements in the NationalCapital Region under this section.(3) Application and effect.--This section--(A) does not apply to law enforcementsecurity operations at special events ofnational significance under section 3056(e) oftitle 18, United States Code, or other lawenforcement functions of the United StatesSecret Service;(B) does not diminish any authorities,express or implied, of Federal agencies toenter into mutual aid agreements in furtheranceof their Federal missions; and(C) does not--(i) preclude any party fromentering into supplementary Mutual AidAgreements with fewer than all theparties, or with another party; or(ii) affect any other agreement ineffect before the date of enactment ofthis Act among the States andlocalities, including the EmergencyManagement Assistance Compact.(4) Rights described.--Other than as described inthis section, the rights and responsibilities of theparties to a mutual aid agreement entered into underthis section shall be as described in the mutual aidagreement.(c) District of Columbia.--(1) In general.--The District of Columbia may
    • purchase liability and indemnification insurance orbecome self insured against claims arising under amutual aid agreement authorized under this section.(2) Authorization of appropriations.--There areauthorized to be appropriated such sums as may benecessary to carry out paragraph (1).(d) Liability and Actions at Law.--(1) In general.--Any responding party or itsofficers or employees rendering aid or failing torender aid to the District of Columbia, the FederalGovernment, the State of Maryland, the Commonwealth ofVirginia, or a locality, under a mutual aid agreementauthorized under this section, and any party or itsofficers or employees engaged in training activitieswith another party under such a mutual aid agreement,shall be liable on account of any act or omission ofits officers or employees while so engaged or onaccount of the maintenance or use of any relatedequipment, facilities, or supplies, but only to theextent permitted under the laws and procedures of theState of the party rendering aid.(2) Actions.--Any action brought against a party orits officers or employees on account of an act oromission in the rendering of aid to the District ofColumbia, the Federal Government, the State ofMaryland, the Commonwealth of Virginia, ora locality,or failure to render such aid or on account of the maintenance or useof any related equipment, facilities, or supplies may be brought onlyunder the laws and procedures of the State of the party rendering aidand only in the Federal or State courts located therein. Actionsagainst the United States under this section may be brought only inFederal courts.(3) Immunities.--This section shall not abrogateany other immunities from liability that any party hasunder any other Federal or State law.(e) Workers Compensation.--(1) Compensation.--Each party shall provide for thepayment of compensation and death benefits to injuredmembers of the emergency forces of that party andrepresentatives of deceased members of such forces ifsuch members sustain injuries or are killed whilerendering aid to the District of Columbia, the FederalGovernment, the State of Maryland, the Commonwealth ofVirginia, or a locality, under a mutual aid agreement,or engaged in training activities under a mutual aidagreement, in the same manner and on the same terms asif the injury or death were sustained within their ownjurisdiction.(2) Other state law.--No party shall be liableunder the law of any State other than its own forproviding for the payment of compensation and deathbenefits to injured members of the emergency forces ofthat party and representatives of deceased members ofsuch forces if such members sustain injuries or arekilled while rendering aid to the District of Columbia,the Federal Government, the State of Maryland, theCommonwealth of Virginia, or a locality, under a mutualaid agreement or engaged in training activities under amutual aid agreement.(f) Licenses and Permits.--If any person holds a license,certificate, or other permit issued by any responding partyevidencing the meeting of qualifications for professional,mechanical, or other skills and assistance is requested by areceiving jurisdiction, such person will be deemed licensed,certified, or permitted by the receiving jurisdiction to renderaid involving such skill to meet a public service event,emergency or training for any such events._________________________________________________________________________________________________SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONSINTEROPERABILITY._________________________________________________________________________________________________
    • (a) Coordination of Public Safety InteroperableCommunications Programs.--(1) Program.--The Secretary of Homeland Security,in consultation with the Secretary of Commerce and theChairman of the Federal Communications Commission,shall establish a program to enhance public safetyinteroperable communications at all levels ofgovernment. Such program shall--(A) establish a comprehensive nationalapproach to achieving public safetyinteroperable communications;(B) coordinate with other Federal agenciesin carrying out subparagraph (A);(C) develop, in consultation with otherappropriate Federal agencies and State andlocal authorities, appropriate minimumcapabilities for communicationsinteroperability for Federal, State, and localpublic safety agencies;(D) accelerate, in consultation with otherFederal agencies, including the NationalInstitute of Standards and Technology, theprivate sector, and nationally recognizedstandards organizations as appropriate, thedevelopment of national voluntary consensusstandards for public safety interoperablecommunications, recognizing--(i) the value, life cycle, andtechnical capabilities of existingcommunications infrastructure;(ii) the need for cross-borderinteroperability between States andnations;(iii) the unique needs of small,rural communities; and(iv) the interoperability needs fordaily operations and catastrophicevents;(E) encourage the development andimplementation of flexible and openarchitectures incorporating, where possible,technologies that currently are commerciallyavailable, with appropriate levels of security,for short-term and long-term solutions topublic safety communications interoperability;(F) assist other Federal agencies inidentifying priorities for research,development, and testing and evaluation withregard to public safety interoperablecommunications;(G) identify priorities within theDepartment of Homeland Security for research,development, and testing and evaluation withregard to public safety interoperablecommunications;(H) establish coordinated guidance forFederal grant programs for public safetyinteroperable communications;(I) provide technical assistance to Stateand local public safety agencies regardingplanning, acquisition strategies,interoperability architectures, training, andother functions necessary to achieve publicsafety communications interoperability;(J) develop and disseminate best practicesto improve public safety communicationsinteroperability; and(K) develop appropriate performancemeasures and milestones to systematicallymeasure the Nations progress toward achievingpublic safety communications interoperability,including the development of national voluntaryconsensus standards.
    • (2) Office for interoperability andcompatibility.--(A) Establishment of office.--The Secretarymay establish an Office for Interoperabilityand Compatibility within the Directorate ofScience and Technology to carry out thissubsection.(B) Functions.--If the Secretaryestablishes such office, the Secretary shall,through such office--(i) carry out Department ofHomeland Security responsibilities andauthorities relating to the SAFECOMProgram; and(ii) carry out section 510 of theHomeland Security Act of 2002, as addedby subsection (d).(3) Authorization of appropriations.--There areauthorized to be appropriated to the Secretary to carryout this subsection--(A) $22,105,000 for fiscal year 2005;(B) $22,768,000 for fiscal year 2006;(C) $23,451,000 for fiscal year 2007;(D) $24,155,000 for fiscal year 2008; and(E) $24,879,000 for fiscal year 2009.(b) Report.--Not later than 120 days after the date ofenactment of this Act, the Secretary shall report to theCongress on Department of Homeland Security plans foraccelerating the development of national voluntary consensusstandards for public safety interoperable communications, aschedule of milestones for such development, and achievementsof such development.(c) International Interoperability.--Not later than 18months after the date of enactment of this Act, the Presidentshall establish a mechanism for coordinating cross-borderinteroperability issues between--(1) the United States and Canada; and(2) the United States and Mexico.(d) High Risk Area Communications Capabilities.--Title V ofthe Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) isamended by adding at the end the following:``SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.``(a) In General.--The Secretary, in consultation with theFederal Communications Commission and the Secretary of Defense,and with appropriate governors, mayors, and other State andlocal government officials, shall provide technical guidance,training, and other assistance, as appropriate, to support therapid establishment of consistent, secure, and effectiveinteroperable communications capabilities in the event of anemergency in urban and other areas determined by the Secretaryto be at consistently high levels of risk from terroristattack.``(b) Minimum Capabilities.--The interoperablecommunications capabilities established under subsection (a)shall ensure the ability of all levels of government agencies,emergency response providers (as defined in section 2 of theHomeland Security Act of 2002 (6 U.S.C. 101)), and otherorganizations with emergency response capabilities--``(1) to communicate with each other in the eventof an emergency; and``(2) to have appropriate and timely access to theInformation Sharing Environment described in section1016 of the National Security Intelligence Reform Actof 2004..(e) Multiyear Interoperability Grants.--(1) Multiyear commitments.--In awarding grants toany State, region, local government, or Indian tribefor the purposes of enhancing interoperablecommunications capabilities for emergency responseproviders, the Secretary may commit to obligate Federalassistance beyond the current fiscal year, subject tothe limitations and restrictions in this subsection.(2) Restrictions.--
    • (A) Time limit.--No multiyearinteroperability commitment may exceed 3 yearsin duration.(B) Amount of committed funds.--The totalamount of assistance the Secretary hascommitted to obligate for any future fiscalyear 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 toan applicant committing to obligate from futurebudget authority an amount, not more than theFederal Governments share of the projectscost, for an interoperability communicationsproject (including interest costs and costs offormulating the project).(B) Schedule.--A letter of intent underthis paragraph shall establish a schedule underwhich the Secretary will reimburse theapplicant for the Federal Governments share ofthe projects costs, as amounts becomeavailable, if the applicant, after theSecretary issues the letter, carries out theproject before receiving amounts under a grantissued by the Secretary.(C) Notice to secretary.--An applicant thatis issued a letter of intent under thissubsection shall notify the Secretary of theapplicants intent to carry out a projectpursuant to the letter before the projectbegins.(D) Notice to congress.--The Secretaryshall transmit a written notification to theCongress no later than 3 days before theissuance of a letter of intent under thissection.(E) Limitations.--A letter of intent issuedunder this section is not an obligation of theGovernment under section 1501 of title 31,United States Code, and is not deemed to be anadministrative commitment for financing. Anobligation or administrative commitment may bemade only as amounts are provided inauthorization and appropriations laws.(F) Statutory construction.--Nothing inthis subsection shall be construed--(i) to prohibit the obligation ofamounts pursuant to a letter of intentunder this subsection in the samefiscal year as the letter of intent isissued; or(ii) to apply to, or replace,Federal assistance intended forinteroperable communications that isnot provided pursuant to a commitmentunder this subsection.(f) Interoperable Communications Plans.--Any applicantrequesting funding assistance from the Secretary forinteroperable communications for emergency response providersshall submit an Interoperable Communications Plan to theSecretary for approval. Such a plan shall--(1) describe the current state of communicationsinteroperability in the applicable jurisdictions amongFederal, State, and local emergency response providersand other relevant private resources;(2) describe the available and planned use ofpublic safety frequency spectrum and resources forinteroperable communications within such jurisdictions;(3) describe how the planned use of spectrum andresources for interoperable communications iscompatible with surrounding capabilities andinteroperable communications plans of Federal, State,
    • and local governmental entities, militaryinstallations, foreign governments, criticalinfrastructure, and other relevant entities;(4) include a 5-year plan for the dedication ofFederal, State, and local government and privateresources to achieve a consistent, secure, andeffective interoperable communications system,including planning, system design and engineering,testing and technology development, procurement andinstallation, training, and operations and maintenance;and(5) describe how such 5-year plan meets or exceedsany applicable standards and grant requirementsestablished by the Secretary.(g) Definitions.--In this section:(1) Interoperable communications.--The term``interoperable communications means the ability ofemergency response providers and relevant Federal,State, and local government agencies to communicatewith each other as necessary, through a dedicatedpublic safety network utilizing information technologysystems and radio communications systems, and toexchange voice, data, or video with one another ondemand, in real time, as necessary.(2) Emergency response providers.--The term``emergency response providers has the meaning thatterm has under section 2 of the Homeland Security Actof 2002 (6 U.S.C. 101).(h) Clarification of Responsibility for InteroperableCommunications.--(1) Under secretary for emergency preparedness andresponse.--Section 502(7) of the Homeland Security Actof 2002 (6 U.S.C. 312(7)) is amended--(A) by striking ``developing comprehensiveprograms for developing interoperativecommunications technology, and; and(B) by striking ``such and inserting``interoperable communications.(2) Office for domestic preparedness.--Section430(c) of such Act (6 U.S.C. 238(c)) is amended--(A) in paragraph (7) by striking ``andafter the semicolon;(B) in paragraph (8) by striking the periodand inserting ``; and; and(C) by adding at the end the following:``(9) helping to ensure the acquisition ofinteroperable communication technology by State andlocal governments and emergency response providers..(i) Sense of Congress Regarding InteroperableCommunications.--(1) Finding.--The Congress finds that--(A) many first responders working in thesame jurisdiction or in different jurisdictionscannot effectively and efficiently communicatewith one another; and(B) their inability to do so threatens thepublics safety and may result in unnecessaryloss of lives and property.(2) Sense of congress.--It is the sense of Congressthat interoperable emergency communications systems andradios should continue to be deployed as soon aspracticable for use by the first responder community,and that upgraded and new digital communicationssystems and new digital radios must meet prevailingnational, voluntary consensus standards forinteroperability._________________________________________________________________________________________________SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS._________________________________________________________________________________________________(a) Pilot Projects.--Consistent with sections 302 and 430of the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not
    • later than 90 days after the date of enactment of this Act, theSecretary of Homeland Security shall establish not fewer than 2pilot projects in high threat urban areas or regions that arelikely to implement a national model strategic plan.(b) Purposes.--The purposes of the pilot projects requiredby this section shall be to develop a regional strategic planto foster interagency communication in the area in which it isestablished and coordinate the gathering of all Federal, State,and local first responders in that area, consistent with thenational strategic plan developed by the Department of HomelandSecurity.(c) Selection Criteria.--In selecting urban areas for thelocation of pilot projects under this section, the Secretaryshall consider--(1) the level of risk to the area, as determined bythe Department of Homeland Security;(2) the number of Federal, State, and local lawenforcement agencies located in the area;(3) the number of potential victims from a largescale terrorist attack in the area; and(4) such other criteria reflecting a communitysrisk and vulnerability as the Secretary determines isappropriate.(d) Interagency Assistance.--The Secretary of HomelandSecurity shall consult with the Secretary of Defense asnecessary for the development of the pilot projects required bythis section, including examining relevant standards,equipment, and protocols in order to improve interagencycommunication among first responders.(e) Reports to Congress.--The Secretary of HomelandSecurity shall submit to Congress--(1) an interim report regarding the progress of theinteragency communications pilot projects required bythis section 6 months after the date of enactment ofthis Act; and(2) a final report 18 months after that date ofenactment.(f) Funding.--There are authorized to be made available tothe Secretary of Homeland Security, such sums as may benecessary to carry out this section._________________________________________________________________________________________________SEC. 7305. PRIVATE SECTOR PREPAREDNESS._________________________________________________________________________________________________(a) Findings.--Consistent with the report of the NationalCommission on Terrorist Attacks Upon the United States,Congress makes the following findings:(1) Private sector organizations own 85 percent ofthe Nations critical infrastructure and employ thevast majority of the Nations workers.(2) Preparedness in the private sector and publicsector for rescue, restart and recovery of operationsshould include, as appropriate--(A) a plan for evacuation;(B) adequate communications capabilities;and(C) a plan for continuity of operations.(3) The American National Standards Instituterecommends a voluntary national preparedness standardfor the private sector based on the existing AmericanNational Standard on Disaster/Emergency Management andBusiness Continuity Programs (NFPA 1600), withappropriate modifications. This standard establishes acommon set of criteria and terminology forpreparedness, disaster management, emergencymanagement, and business continuity programs.(4) The mandate of the Department of HomelandSecurity extends to working with the private sector, aswell as government entities.(b) Sense of Congress on Private Sector Preparedness.--Itis the sense of Congress that the Secretary of HomelandSecurity should promote, where appropriate, the adoption of
    • voluntary national preparedness standards such as the privatesector preparedness standard developed by the American NationalStandards Institute and based on the National Fire ProtectionAssociation 1600 Standard on Disaster/Emergency Management andBusiness Continuity Programs._________________________________________________________________________________________________SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS._________________________________________________________________________________________________(a) Findings.--Congress makes the following findings:(1) Under section 201 of the Homeland Security Actof 2002 (6 U.S.C 121), the Department of HomelandSecurity, through the Under Secretary for InformationAnalysis and Infrastructure Protection, has theresponsibility--(A) to carry out comprehensive assessmentsof the vulnerabilities of the key resources andcritical infrastructure of the United States,including the performance of risk assessmentsto determine the risks posed by particulartypes of terrorist attacks within the UnitedStates;(B) to identify priorities for protectiveand supportive measures; and(C) to develop a comprehensive nationalplan for securing the key resources andcritical infrastructure of the United States.(2) Under Homeland Security Presidential Directive7, issued on December 17, 2003, the Secretary ofHomeland Security was given 1 year to develop acomprehensive plan to identify, prioritize, andcoordinate the protection of critical infrastructureand key resources.(3) The report of the National Commission onTerrorist Attacks Upon the United States recommendedthat the Secretary of Homeland Security should--(A) identify those elements of the UnitedStates transportation, energy, communications,financial, and other institutions that need tobe protected;(B) develop plans to protect thatinfrastructure; and(C) exercise mechanisms to enhancepreparedness.(b) Reports on Risk Assessment and Readiness.--Not laterthan 180 days after the date of enactment of this Act, and inconjunction with the reporting requirements of Public Law 108-330, the Secretary of Homeland Security shall submit a reportto Congress on--(1) the Department of Homeland Securitys progressin completing vulnerability and risk assessments of theNations critical infrastructure;(2) the adequacy of the Governments plans toprotect such infrastructure; and(3) the readiness of the Government to respond tothreats against the United States._________________________________________________________________________________________________SEC. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND._________________________________________________________________________________________________It is the sense of Congress that the Secretary of Defenseshould regularly assess the adequacy of the plans andstrategies of the United States Northern Command with a view toensuring that the United States Northern Command is prepared torespond effectively to all military and paramilitary threatswithin the United States, should it be called upon to do so bythe President._________________________________________________________________________________________________SEC. 7308. EFFECTIVE DATE.
    • _________________________________________________________________________________________________Notwithstanding any other provision of this Act, thissubtitle shall take effect on the date of enactment of thisAct._________________________________________________________________________________________________SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING._________________________________________________________________________________________________Subtitle D--Homeland SecuritySEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.It is the sense of Congress that Congress must passlegislation in the first session of the 109th Congress toreform the system for distributing grants to enhance State andlocal government prevention of, preparedness for, and responseto acts of terrorism._________________________________________________________________________________________________SEC. 7402. COORDINATION OF INDUSTRY EFFORTS._________________________________________________________________________________________________Section 102(f) of the Homeland Security Act of 2002 (PublicLaw 107-296; 6 U.S.C. 112(f)) is amended--(1) in paragraph (6), by striking ``and at theend;(2) in paragraph (7), by striking the period at theend and inserting a semicolon; and(3) by adding at the end the following:``(8) coordinating industry efforts, with respectto functions of the Department of Homeland Security, toidentify private sector resources and capabilities thatcould be effective in supplementing Federal, State, andlocal government agency efforts to prevent or respondto a terrorist attack;``(9) coordinating with the Directorate of Borderand Transportation Security and the Assistant Secretaryfor Trade Development of the Department of Commerce onissues related to the travel and tourism industries;and``(10) consulting with the Office of State andLocal Government Coordination and Preparedness on allmatters of concern to the private sector, including thetourism industry.._________________________________________________________________________________________________SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM._________________________________________________________________________________________________(a) Study.--The Secretary of Homeland Security, incooordination with the Chairman of the Federal CommunicationsCommission, and in consultation with the heads of otherappropriate Federal agencies and representatives of providersand participants in the telecommunications industry, shallconduct a study to determine whether it is cost-effective,efficient, and feasible to establish and implement an emergencytelephonic alert notification system that will--(1) alert persons in the United States of imminentor current hazardous events caused by acts ofterrorism; and(2) provide information to individuals regardingappropriate measures that may be undertaken toalleviate or minimize threats to their safety andwelfare posed by such events.(b) Technologies To Consider.--In conducting the study, theSecretary shall consider the use of the telephone, wirelesscommunications, and other existing communications networks toprovide such notification.(c) Report.--Not later than 9 months after the date ofenactment of this Act, the Secretary shall submit to Congress areport regarding the conclusions of the study._________________________________________________________________________________________________
    • SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE._________________________________________________________________________________________________(a) Pilot Study.--The Secretary of Homeland Security, fromfunds made available for improving the national system tonotify the general public in the event of a terrorist attack,and in consultation with the Attorney General, the Secretary ofTransportation, the heads of other appropriate Federalagencies, the National Association of State Chief InformationOfficers, and other stakeholders with respect to public warningsystems, shall conduct a pilot study under which the Secretaryof Homeland Security may issue public warnings regardingthreats to homeland security using a warning system that issimilar to the AMBER Alert communications network.(b) Report.--Not later than 9 months after the date ofenactment of this Act, the Secretary of Homeland Security shallsubmit to Congress a report regarding the findings,conclusions, and recommendations of the pilot study.(c) Prohibition on Use of Highway Trust Fund.--No fundsderived from the Highway Trust Fund may be transferred to, madeavailable to, or obligated by the Secretary of HomelandSecurity to carry out this section._________________________________________________________________________________________________SEC. 7405. REQUIRED COORDINATION._________________________________________________________________________________________________The Secretary of Homeland Security shall ensure that thereis effective and ongoing coordination of Federal efforts toprevent, prepare for, and respond to acts of terrorism andother major disasters and emergencies among the divisions ofthe Department of Homeland Security, including the Directorateof Emergency Preparedness and Response and the Office for Stateand Local Government Coordination and Preparedness._________________________________________________________________________________________________SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS._________________________________________________________________________________________________Section 611(h) of the Robert T. Stafford Disaster Reliefand 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 soredesignated); and(3) by striking the subsection designation andheading and inserting the following:``(h) Emergency Preparedness Compacts.--(1) The Directorshall establish a program supporting the development ofemergency preparedness compacts for acts of terrorism,disasters, and emergencies throughout the Nation, by--``(A) identifying and cataloging existing emergencypreparedness compacts for acts of terrorism, disasters,and emergencies at the State and local levels ofgovernment;``(B) disseminating to State and local governmentsexamples of best practices in the development ofemergency preparedness compacts and models of existingemergency preparedness compacts, including agreementsinvolving interstate jurisdictions; and``(C) completing an inventory of Federal responsecapabilities for acts of terrorism, disasters, andemergencies, making such inventory available toappropriate Federal, State, and local governmentofficials, and ensuring that such inventory is ascurrent and accurate as practicable.._________________________________________________________________________________________________SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE._________________________________________________________________________________________________
    • (a) Amendment.--Section 878 of the Homeland Security Act of2002 (6 U.S.C. 458) is amended to read as follows:``SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.``(a) Office.--There is established in the Department anOffice of Counternarcotics Enforcement, which shall be headedby a Director appointed by the President, by and with theadvice and consent of the Senate.``(b) Assignment of Personnel.--``(1) In general.--The Secretary shall assignpermanent staff to the Office, consistent witheffective management of Department resources.``(2) Liaisons.--The Secretary shall designatesenior employees from each appropriate subdivision ofthe Department that has significant counternarcoticsresponsibilities to act as a liaison between thatsubdivision and the Office of CounternarcoticsEnforcement.``(c) Limitation on Concurrent Employment.--Except asprovided in subsection (d), the Director of the Office ofCounternarcotics Enforcement shall not be employed by, assignedto, or serve as the head of, any other branch of the FederalGovernment, any State or local government, or any subdivisionof the Department other than the Office of CounternarcoticsEnforcement.``(d) Eligibility To Serve as the United StatesInterdiction Coordinator.--The Director of the Office ofCounternarcotics Enforcement may be appointed as the UnitedStates Interdiction Coordinator by the Director of the Officeof National Drug Control Policy, and shall be the only personat the Department eligible to be so appointed.``(e) Responsibilities.--The Secretary shall direct theDirector of the Office of Counternarcotics Enforcement--``(1) to coordinate policy and operations withinthe Department, between the Department and otherFederal departments and agencies, and between theDepartment and State and local agencies with respect tostopping the entry of illegal drugs into the UnitedStates;``(2) to ensure the adequacy of resources withinthe Department for stopping the entry of illegal drugsinto the United States;``(3) to recommend the appropriate financial andpersonnel resources necessary to help the Departmentbetter fulfill its responsibility to stop the entry ofillegal drugs into the United States;``(4) within the Joint Terrorism Task Forceconstruct to track and sever connections betweenillegal drug trafficking and terrorism; and``(5) to be a representative of the Department onall task forces, committees, or other entities whosepurpose is to coordinate the counternarcoticsenforcement activities of the Department and otherFederal, State or local agencies.``(f) Savings Clause.--Nothing in this section shall beconstrued to authorize direct control of the operationsconducted by the Directorate of Border and TransportationSecurity, the Coast Guard, or joint terrorism task forces.``(g) Reports to Congress.--``(1) Annual budget review.--The Director of theOffice of Counternarcotics Enforcement shall, not laterthan 30 days after the submission by the President toCongress of any request for expenditures for theDepartment, submit to the Committees on Appropriationsand the authorizing committees of jurisdiction of theHouse of Representatives and the Senate a review andevaluation of such request. The review and evaluationshall--``(A) identify any request or subpart ofany request that affects or may affect thecounternarcotics activities of the Departmentor any of its subdivisions, or that affects theability of the Department or any subdivision of
    • the Department to meet its responsibility tostop the entry of illegal drugs into the UnitedStates;``(B) describe with particularity how suchrequested funds would be or could be expendedin furtherance of counternarcotics activities;and``(C) compare such requests with requestsfor expenditures and amounts appropriated byCongress in the previous fiscal year.``(2) Evaluation of counternarcotics activities.--The Director of the Office of CounternarcoticsEnforcement shall, not later than February 1 of eachyear, submit to the Committees on Appropriations andthe authorizing committees of jurisdiction of the Houseof Representatives and the Senate a review andevaluation of the counternarcotics activities of theDepartment for the previous fiscal year. The review andevaluation shall--``(A) describe the counternarcoticsactivities of the Department and eachsubdivision of the Department (whetherindividually or in cooperation with othersubdivisions of the Department, or incooperation with other branches of the FederalGovernment or with State or local agencies),including the methods, procedures, and systems(including computer systems) for collecting,analyzing, sharing, and disseminatinginformation concerning narcotics activitywithin the Department and between theDepartment and other Federal, State, and localagencies;``(B) describe the results of thoseactivities, using quantifiable data wheneverpossible;``(C) state whether those activities weresufficient to meet the responsibility of theDepartment to stop the entry of illegal drugsinto the United States, including a descriptionof the performance measures of effectivenessthat were used in making that determination;and``(D) recommend, where appropriate, changesto those activities to improve the performanceof the Department in meeting its responsibilityto stop the entry of illegal drugs into theUnited States.``(3) Classified or law enforcement sensitiveinformation.--Any content of a review and evaluationdescribed in the reports required in this subsectionthat involves information classified under criteriaestablished by an Executive order, or whose publicdisclosure, as determined by the Secretary, would bedetrimental to the law enforcement or national securityactivities of the Department or any other Federal,State, or local agency, shall be presented to Congressseparately from the rest of the review andevaluation..(b) Conforming Amendments.--Section 103(a) of the HomelandSecurity Act of 2002 (6 U.S.C. 113(a)) is amended--(1) by redesignating paragraphs (8) and (9) asparagraphs (9) and (10), respectively; and(2) by inserting after paragraph (7) the following:``(8) A Director of the Office of CounternarcoticsEnforcement..(c) Authorization of Appropriations.--Of the amountsappropriated for the Department of Homeland Security forDepartmental management and operations for fiscal year 2005,there is authorized up to $6,000,000 to carry out section 878of the Department of Homeland Security Act of 2002._________________________________________________________________________________________________
    • SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEEPERFORMANCE APPRAISALS._________________________________________________________________________________________________(a) In General.--Subtitle E of title VIII of the HomelandSecurity Act of 2002 (6 U.S.C. 411 et seq.) is amended byadding at the end the following:``SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCEAPPRAISALS.``(a) In General.--Each subdivision of the Department thatis a National Drug Control Program Agency shall include as oneof the criteria in its performance appraisal system, for eachemployee directly or indirectly involved in the enforcement ofFederal, State, or local narcotics laws, the performance ofthat employee with respect to the enforcement of Federal,State, or local narcotics laws, relying to the greatest extentpracticable on objective performance measures, including--``(1) the contribution of that employee to seizuresof narcotics and arrests of violators of Federal,State, or local narcotics laws; and``(2) the degree to which that employee cooperatedwith or contributed to the efforts of other employees,either within the Department or other Federal, State,or local agencies, in counternarcotics enforcement.``(b) Definitions.--For purposes of this section--``(1) the term `National Drug Control ProgramAgency means--``(A) a National Drug Control ProgramAgency, as defined in section 702(7) of theOffice of National Drug Control PolicyReauthorization Act of 1998 (as last ineffect); and``(B) any subdivision of the Departmentthat has a significant counternarcoticsresponsibility, as determined by--``(i) the counternarcotics officer,appointed under section 878; or``(ii) if applicable, thecounternarcotics officers successor infunction (as determined by theSecretary); and``(2) the term `performance appraisal system meansa system under which periodic appraisals of jobperformance of employees are made, whether underchapter 43 of title 5, United States Code, orotherwise..(b) Clerical Amendment.--The table of for theHomeland Security Act of 2002 is amended by inserting after theitem relating to section 842 the following:``Sec. 843. Use of counternarcotics enforcement activities in certainemployee performance appraisals.._________________________________________________________________________________________________SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE._________________________________________________________________________________________________Subtitle E--Public Safety SpectrumSEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.(a) Findings.--Congress finds the following:(1) Congress granted television broadcastersadditional 6 megahertz blocks of spectrum to transmitdigital broadcasts simultaneously with the analogbroadcasts they submit on their original 6 megahertzblocks of spectrum.(2) Section 309(j)(14) of the Communications Act of1934 (47 U.S.C. 309(j)(14)) requires each televisionbroadcaster to cease analog transmissions and return 6megahertz of spectrum not later than--(A) December 31, 2006; or(B) the date on which more than 85 percentof the television households in the market ofsuch broadcaster can view digital broadcasttelevision channels using a digital television,
    • a digital-to-analog converter box, cableservice, or satellite service.(3) Twenty-four megahertz of spectrum occupied bytelevision broadcasters has been earmarked for use byfirst responders as soon as the television broadcastersreturn the spectrum broadcasters being used to provideanalog transmissions. This spectrum would be ideal toprovide first responders with interoperablecommunications channels.(4) Large parts of the vacated spectrum could beauctioned for advanced commercial services, such aswireless broadband.(5) The 85 percent penetration test described inparagraph (2)(B) could delay the termination of analogtelevision broadcasts and the return of spectrum wellbeyond 2007, hindering the use of that spectrum forthese important public safety and advanced commercialuses.(6) While proposals to require broadcasters toreturn, on a date certain, the spectrum earmarked forfuture public safety use may improve the ability ofpublic safety entities to begin planning for use ofthis spectrum, such proposals have certaindeficiencies. The proposals would require thedislocation of up to 75 broadcast stations, which alsoserve a critical public safety function by broadcastingweather, traffic, disaster, and other safety alerts.Such disparate treatment of broadcasters would beunfair to the broadcasters and their respectiveviewers. Requiring the return of all analog broadcastspectrum by a date certain would have the benefit ofaddressing the digital television transition in acomprehensive fashion that treats all broadcasters andviewers equally, while freeing spectrum for advancedcommercial services.(7) The Federal Communications Commission shouldconsider all regulatory means available to expedite thereturn of the analog spectrum.(b) Sense of Congress.--It is the sense of Congress that--(1) Congress must act to pass legislation in thefirst session of the 109th Congress that establishes acomprehensive approach to the timely return of analogbroadcast spectrum as early as December 31, 2006; and(2) any delay in the adoption of the legislationdescribed in paragraph (1) will delay the ability ofpublic safety entities to begin planning to use thisneeded spectrum._________________________________________________________________________________________________SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS._________________________________________________________________________________________________(a) Allocations of Spectrum for Emergency ResponseProviders.--The Federal Communications Commission shall, inconsultation with the Secretary of Homeland Security and theNational Telecommunications and Information Administration,conduct a study to assess short-term and long-term needs forallocations of additional portions of the electromagneticspectrum for Federal, State, and local emergency responseproviders, including whether or not an additional allocation ofspectrum in the 700 megahertz band should be granted byCongress to such emergency response providers.(b) Strategies To Meet Public Safety TelecommunicationsRequirements.--The Secretary of Homeland Security shall, inconsultation with the Federal Communications Commission and theNational Telecommunications and Information Administration,conduct a study to assess strategies that may be used to meetpublic safety telecommunications needs, including--(1) the need and efficacy of deploying nationwideinteroperable communications networks (including thepotential technical and operational standards andprotocols for nationwide interoperable broadband mobilecommunications networks that may be used by Federal,
    • State, regional, and local governmental andnongovernmental public safety, homeland security, andother emergency response personnel);(2) the capacity of public safety entities toutilize wireless broadband applications; and(3) the communications capabilities of allemergency response providers, including hospitals andhealth care workers, and current efforts to promotecommunications coordination and training amongemergency response providers.(c) Study Requirements.--In conducting the studies requiredby subsections (a) and (b), the Secretary of Homeland Securityand the Federal Communications Commission shall--(1) seek input from Federal, State, local, andregional emergency response providers regarding theoperation and administration of a potential nationwideinteroperable broadband mobile communications network;and(2) consider the use of commercial wirelesstechnologies to the greatest extent practicable.(d) Reports.--(1) Not later than one year after the date ofenactment of this Act, the Federal Communications Commission(in the case of the study required by subsection (a)) and theSecretary of Homeland Security (in the case of the studyrequired by subsection (b)) shall submit to the appropriatecommittees of Congress a report on such study, including thefindings of such study.(2) In this subsection, the term ``appropriate committeesof Congress means--(A) the Committee on Commerce, Science, andTransportation and the Committee on Homeland Securityand Governmental Affairs of the Senate; and(B) the Committee on Energy and Commerce and theSelect Committee on Homeland Security of the House ofRepresentatives._________________________________________________________________________________________________SEC. 7601. PRESIDENTIAL TRANSITION._________________________________________________________________________________________________Subtitle F--Presidential TransitionSEC. 7601. PRESIDENTIAL TRANSITION.(a) Services Provided President-Elect.--Section 3 of thePresidential Transition Act of 1963 (3 U.S.C. 102 note) isamended--(1) by adding after subsection (a)(8)(A)(iv) thefollowing:``(v) Activities under thisparagraph shall include the preparationof a detailed classified, compartmentedsummary by the relevant outgoingexecutive branch officials of specificoperational threats to nationalsecurity; major military or covertoperations; and pending decisions onpossible uses of military force. Thissummary shall be provided to thePresident-elect as soon as possibleafter the date of the general electionsheld to determine the electors ofPresident and Vice President undersection 1 or 2 of title 3, UnitedStates 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 FederalBureau of Investigation or other appropriate agency and then,upon taking effect and designation, to the agency designated bythe President under section 115(b) of the National IntelligenceReform Act of 2004, the names of candidates for high levelnational security positions through the level of undersecretaryof cabinet departments as soon as possible after the date of
    • the general elections held to determine the electors ofPresident and Vice President under section 1 or 2 of title 3,United States Code.``(2) The responsible agency or agencies shall undertakeand complete as expeditiously as possible the backgroundinvestigations necessary to provide appropriate securityclearances to the individuals who are candidates describedunder paragraph (1) before the date of the inauguration of thePresident-elect as President and the inauguration of the Vice-President-elect as Vice President..(b) Sense of the Senate Regarding Expedited Considerationof National Security Nominees.--It is the sense of the Senatethat--(1) the President-elect should submit thenominations of candidates for high-level nationalsecurity positions, through the level of undersecretaryof cabinet departments, to the Senate by the date ofthe inauguration of the President-elect as President;and(2) for all such national security nomineesreceived by the date of inauguration, the Senatecommittees to which these nominations are referredshould, to the fullest extent possible, complete theirconsideration of these nominations, and, if suchnominations are reported by the committees, the fullSenate should vote to confirm or reject thesenominations, within 30 days of their submission.(c) Security Clearances for Transition Team Members.--(1) Definition.--In this section, the term ``majorparty shall have the meaning given under section9002(6) of the Internal Revenue Code of 1986.(2) In general.--Each major party candidate forPresident may submit, before the date of the generalelection, requests for security clearances forprospective transition team members who will have aneed for access to classified information to carry outtheir responsibilities as members of the Presidentelectstransition team.(3) Completion date.--Necessary backgroundinvestigations and eligibility determinations to permitappropriate prospective transition team members to haveaccess to classified information shall be completed, tothe fullest extent practicable, by the day after thedate of the general election.(d) Effective Date.--Notwithstanding section 351, thissection and the amendments made by this section shall takeeffect on the date of enactment of this Act._________________________________________________________________________________________________SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORISTFINANCING._________________________________________________________________________________________________Subtitle G--Improving International Standards and Cooperation to Fight Terrorist FinancingSEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORIST FINANCING.(a) Findings.--Congress makes the following findings:(1) The global war on terrorism and cutting offterrorist financing is a policy priority for the UnitedStates and its partners, working bilaterally andmultilaterally through the United Nations, the UnitedNations Security Council and its committees, such asthe 1267 and 1373 Committees, the Financial Action TaskForce (FATF), and various international financialinstitutions, including the International Monetary Fund(IMF), the International Bank for Reconstruction andDevelopment (IBRD), and the regional multilateraldevelopment banks, and other multilateral fora.(2) The international financial community hasbecome engaged in the global fight against terroristfinancing. The Financial Action Task Force has focusedon the new threat posed by terrorist financing to theinternational financial system, resulting in theestablishment of the FATFs Eight Special
    • Recommendations on Terrorist Financing as theinternational standard on combating terroristfinancing. The Group of Seven and the Group of TwentyFinance Ministers are developing action plans to curbthe financing of terror. In addition, other economicand regional fora, such as the Asia-Pacific EconomicCooperation (APEC) Forum, and the Western HemisphereFinancial Ministers, have been used to marshalpolitical will and actions in support of combating thefinancing of terrorism (CFT) standards.(3) FATFs Forty Recommendations on MoneyLaundering and the Eight Special Recommendations onTerrorist Financing are the recognized global standardsfor fighting money laundering and terrorist financing.The FATF has engaged in an assessment process forjurisdictions based on their compliance with thesestandards.(4) In March 2004, the IMF and IBRD Boards agreedto make permanent a pilot program of collaboration withthe FATF to assess global compliance with the FATFForty Recommendations on Money Laundering and the EightSpecial Recommendations on Terrorist Financing. As aresult, anti-money laundering (AML) and combating thefinancing of terrorism (CFT) assessments are now aregular part of their Financial Sector AssessmentProgram (FSAP) and Offshore Financial Centerassessments, which provide for a comprehensive analysisof the strength of a jurisdictions financial system.These reviews assess potential systemicvulnerabilities, consider sectoral development needsand priorities, and review the state of implementationof and compliance with key financial codes andregulatory standards, among them the AML and CFTstandards.(5) To date, 70 FSAPs have been conducted, withover 24 of those incorporating AML and CFT assessments.The international financial institutions (IFIs), theFATF, and the FATF-style regional bodies together areexpected to assess AML and CFT regimes in up to 40countries or jurisdictions per year. This will helpcountries and jurisdictions identify deficiencies intheir AML and CFT regimes and help focus technicalassistance efforts.(6) Technical assistance programs from the UnitedStates and other nations, coordinated with theDepartment of State and other departments and agencies,are playing an important role in helping countries andjurisdictions address shortcomings in their AML and CFTregimes and bringing their regimes into conformity withinternational standards. Training is coordinated withinthe United States Government, which leveragesmultilateral organizations and bodies and internationalfinancial institutions to internationalize theconveyance of technical assistance.(7) In fulfilling its duties in advancingincorporation of AML and CFT standards into the IFIs aspart of the IFIs work on protecting the integrity ofthe international monetary system, the Department ofthe Treasury, under the guidance of the Secretary ofthe Treasury, has effectively brought together all ofthe key United States Government agencies. Inparticular, United States Government agencies continueto work together to foster broad support for thisimportant undertaking in various multilateral fora, andUnited States Government agencies recognize the needfor close coordination and communication within our ownGovernment.(b) Sense of Congress Regarding Success in MultilateralOrganizations.--It is the sense of Congress that the Secretaryof the Treasury should continue to promote the dissemination ofinternational AML and CFT standards, and to press for fullimplementation of the FATF 40 + 8 Recommendations by allcountries in order to curb financial risks and hinder terrorist
    • financing around the globe. The efforts of the Secretary inthis regard should include, where necessary or appropriate,multilateral action against countries whose counter-moneylaundering regimes and efforts against the financing ofterrorism fall below recognized international standards._________________________________________________________________________________________________SEC. 7702. DEFINITIONS._________________________________________________________________________________________________In this subtitle--(1) the term ``international financialinstitutions has the same meaning as in section1701(c)(2) of the International Financial InstitutionsAct;(2) the term ``Financial Action Task Force meansthe international policy-making and standard-settingbody dedicated to combating money laundering andterrorist financing that was created by the Group ofSeven in 1989; and(3) the terms ``Interagency Paper on SoundPractices to Strengthen the Resilience of the U.S.Financial System and ``Interagency Paper mean theinteragency paper prepared by the Board of Governors ofthe Federal Reserve System, the Comptroller of theCurrency, and the Securities and Exchange Commissionthat was announced in the Federal Register on April 8,2003._________________________________________________________________________________________________SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE SECRETARY OF THETREASURY._________________________________________________________________________________________________(a) Reporting Requirements.--Section 1503(a) of theInternational Financial Institutions Act (22 U.S.C. 262o-2(a))is amended by adding at the end the following:``(15) Work with the International Monetary Fundto--``(A) foster strong global anti-moneylaundering (AML) and combat the financing ofterrorism (CFT) regimes;``(B) ensure that country performance underthe Financial Action Task Force anti-moneylaundering and counterterrorist financingstandards is effectively and comprehensivelymonitored;``(C) ensure note is taken of AML and CFTissues in Article IV reports, InternationalMonetary Fund programs, and other regularreviews of country progress;``(D) ensure that effective AML and CFTregimes are considered to be indispensableelements of sound financial systems; and``(E) emphasize the importance of sound AMLand CFT regimes to global growth anddevelopment..(b) Testimony.--Section 1705(b) of the InternationalFinancial Institutions Act (22 U.S.C. 262r-4(b)) is amended--(1) in paragraph (2), by striking ``and at theend;(2) in paragraph (3), by striking the period at theend and inserting ``; and; and(3) by adding at the end the following:``(4) the status of implementation of internationalanti-money laundering and counterterrorist financingstandards by the International Monetary Fund, themultilateral development banks, and other multilateralfinancial policymaking bodies.._________________________________________________________________________________________________SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
    • _________________________________________________________________________________________________The Secretary of the Treasury, or the designee of theSecretary, as the lead United States Government official to theFinancial Action Task Force (FATF), shall continue to convenethe interagency United States Government FATF working group.This group, which includes representatives from all relevantFederal agencies, shall meet at least once a year to advise theSecretary on policies to be pursued by the United Statesregarding the development of common international AML and CFTstandards, to assess the adequacy and implementation of suchstandards, and to recommend to the Secretary improved or newstandards, as necessary._________________________________________________________________________________________________SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY._________________________________________________________________________________________________Subtitle H--Emergency Financial PreparednessSEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.Section 306(d) of title 31, United States Code, is amendedby inserting ``or employee after ``another officer._________________________________________________________________________________________________SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRYPREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION._________________________________________________________________________________________________(a) Findings.--Congress finds that the Secretary of theTreasury--(1) has successfully communicated and coordinatedwith the private-sector financial services industryabout financial infrastructure preparedness andresponse issues;(2) has successfully reached out to State and localgovernments and regional public-private partnerships,such as ChicagoFIRST, that protect employees andcritical infrastructure by enhancing communication andcoordinating plans for disaster preparedness andbusiness continuity; and(3) has set an example for the Department ofHomeland Security and other Federal agency partners,whose active participation is vital to the overallsuccess of the activities described in paragraphs (1)and (2).(b) Sense of Congress.--It is the sense of Congress thatthe Secretary of the Treasury, in consultation with theSecretary of Homeland Security, other Federal agency partners,and private-sector financial organization partners, should--(1) furnish sufficient personnel and technologicaland financial resources to educate consumers andemployees of the financial services industry aboutdomestic counterterrorist financing activities,particularly about--(A) how the public and private sectororganizations involved in such activities cancombat terrorism while protecting andpreserving the lives and civil liberties ofconsumers and employees of the financialservices industry; and(B) how the consumers and employees of thefinancial services industry can assist thepublic and private sector organizationsinvolved in such activities; and(2) submit annual reports to Congress on efforts toaccomplish subparagraphs (A) and (B) of paragraph (1).(c) Report on Public-Private Partnerships.--Before the endof the 6-month period beginning on the date of enactment ofthis Act, the Secretary of the Treasury shall submit a reportto the Committee on Financial Services of the House ofRepresentatives and the Committee on Banking, Housing, andUrban Affairs of the Senate containing--
    • (1) information on the efforts that the Departmentof the Treasury has made to encourage the formation ofpublic-private partnerships to protect criticalfinancial infrastructure and the type of support thatthe Department has provided to such partnerships; and(2) recommendations for administrative orlegislative action regarding such partnerships, as theSecretary may determine to be appropriate._________________________________________________________________________________________________SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004._________________________________________________________________________________________________(a) Short Title.--This section may be cited as the``Emergency Securities Response Act of 2004.(b) Extension of Emergency Order Authority of theSecurities and Exchange Commission.--(1) Extension of authority.--Section 12(k)(2) ofthe Securities Exchange Act of 1934 (15 U.S.C.78l(k)(2)) is amended to read as follows:``(2) Emergency orders.--``(A) In general.--The Commission, in anemergency, may by order summarily take suchaction to alter, supplement, suspend, or imposerequirements or restrictions with respect toany matter or action subject to regulation bythe Commission or a self-regulatoryorganization under the securities laws, as theCommission determines is necessary in thepublic interest and for the protection ofinvestors--``(i) to maintain or restore fairand orderly securities markets (otherthan markets in exempted securities);``(ii) to ensure prompt, accurate,and safe clearance and settlement oftransactions in securities (other thanexempted securities); or``(iii) to reduce, eliminate, orprevent the substantial disruption bythe emergency of--``(I) securities markets(other than markets in exemptedsecurities), investmentcompanies, or any othersignificant portion or segmentof such markets; or``(II) the transmission orprocessing of securitiestransactions (other thantransactions in exemptedsecurities).``(B) Effective period.--An order of theCommission under this paragraph shall continuein effect for the period specified by theCommission, and may be extended. Except asprovided in subparagraph (C), an order of theCommission under this paragraph may notcontinue in effect for more than 10 businessdays, including extensions.``(C) Extension.--An order of theCommission under this paragraph may be extendedto continue in effect for more than 10 businessdays if, at the time of the extension, theCommission finds that the emergency stillexists and determines that the continuation ofthe order beyond 10 business days is necessaryin the public interest and for the protectionof investors to attain an objective describedin clause (i), (ii), or (iii) of subparagraph(A). In no event shall an order of theCommission under this paragraph continue ineffect for more than 30 calendar days.
    • ``(D) Security futures.--If the actionsdescribed in subparagraph (A) involve asecurity futures product, the Commission shallconsult with and consider the views of theCommodity Futures Trading Commission.``(E) Exemption.--In exercising itsauthority under this paragraph, the Commissionshall not be required to comply with theprovisions of--``(i) section 19(c); or``(ii) section 553 of title 5,United States Code..(c) Consultation; Definition of Emergency.--Section12(k)(6) of the Securities Exchange Act of 1934 (15 U.S.C.78l(k)(6)) is amended to read as follows:``(6) Consultation.--Prior to taking any actiondescribed in paragraph (1)(B), the Commission shallconsult with and consider the views of the Secretary ofthe Treasury, the Board of Governors of the FederalReserve System, and the Commodity Futures TradingCommission, unless such consultation is impracticablein light of the emergency.``(7) Definitions.--For purposes of thissubsection--``(A) the term `emergency means--``(i) a major market disturbancecharacterized by or constituting--``(I) sudden and excessivefluctuations of securitiesprices generally, or asubstantial threat thereof,that threaten fair and orderlymarkets; or``(II) a substantialdisruption of the safe orefficient operation of thenational system for clearanceand settlement of transactionsin securities, or a substantialthreat thereof; or``(ii) a major disturbance thatsubstantially disrupts, or threatens tosubstantially disrupt--``(I) the functioning ofsecurities markets, investmentcompanies, or any othersignificant portion or segmentof the securities markets; or``(II) the transmission orprocessing of securitiestransactions; and``(B) notwithstanding section 3(a)(47), theterm `securities laws does not include thePublic Utility Holding Company Act of 1935..(d) Parallel Authority of the Secretary of the TreasuryWith Respect to Government Securities.--Section 15C of theSecurities Exchange Act of 1934 (15 U.S.C. 78o-5) is amended byadding at the end the following:``(h) Emergency Authority.--The Secretary may, by order,take any action with respect to a matter or action subject toregulation by the Secretary under this section, or the rules ofthe Secretary under this section, involving a governmentsecurity or a market therein (or significant portion or segmentof that market), that the Commission may take under section12(k)(2) with respect to transactions in securities (other thanexempted securities) or a market therein (or significantportion or segment of that market)..(e) Joint Report on Implementation of Financial SystemResilience Recommendations.--(1) Report required.--Not later than April 30,2006, the Board of Governors of the Federal ReserveSystem, the Comptroller of the Currency, and theSecurities and Exchange Commission shall prepare and
    • submit to the Committee on Financial Services of theHouse of Representatives and the Committee on Banking,Housing, and Urban Affairs of the Senate a joint reporton the efforts of the private sector to implement theInteragency Paper on Sound Practices to Strengthen theResilience of the U.S. Financial System.(2) of report.--The report required byparagraph (1) shall--(A) examine the efforts to date of privatesector financial services firms covered by theInteragency Paper to implement enhancedbusiness continuity plans;(B) examine the extent to which theimplementation of such business continuityplans has been done in a geographicallydispersed manner, including an analysis of theextent to which such firms have located theirmain and backup facilities in separateelectrical networks, in different watersheds,in independent transportation systems, andusing separate telecommunications centers, andthe cost and technological implications offurther dispersal;(C) examine the need to cover a largerrange of private sector financial servicesfirms that play significant roles in criticalfinancial markets than those covered by theInteragency Paper; and(D) recommend legislative and regulatorychanges that will--(i) expedite the effectiveimplementation of the Interagency Paperby all covered financial servicesentities; and(ii) optimize the effectiveimplementation of business continuityplanning by the financial servicesindustry.(3) Confidentiality.--Any information provided tothe Board of Governors of the Federal Reserve System,the Comptroller of the Currency, or the Securities andExchange Commission for the purposes of the preparationand submission of the report required by paragraph (1)shall be treated as privileged and confidential. Forpurposes of section 552 of title 5, United States Code,this subsection shall be considered a statute describedin subsection (b)(3)(B) of that section 552.(4) Definition.--As used in this subsection, theterms ``Interagency Paper on Sound Practices toStrengthen the Resilience of the U.S. FinancialSystem and ``Interagency Paper mean the interagencypaper prepared by the Board of Governors of the FederalReserve System, the Comptroller of the Currency, andthe Securities and Exchange Commission that wasannounced in the Federal Register on April 8, 2003._________________________________________________________________________________________________SEC. 7804. PRIVATE SECTOR PREPAREDNESS._________________________________________________________________________________________________It is the sense of Congress that the insurance industry andcredit-rating agencies, where relevant, should carefullyconsider a companys compliance with standards for privatesector disaster and emergency preparedness in assessinginsurability and creditworthiness, to ensure that privatesector investment in disaster and emergency preparedness isappropriately encouraged._________________________________________________________________________________________________SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION ANDANALYSIS CENTER._________________________________________________________________________________________________
    • TITLE VIII--OTHER MATTERSSubtitle A--Intelligence MattersSEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.(a) In General.--The Director of National Intelligenceshall establish a formal relationship, including informationsharing, between the elements of the intelligence community andthe National Infrastructure Simulation and Analysis Center.(b) Purpose.--The purpose of the relationship undersubsection (a) shall be to permit the intelligence community totake full advantage of the capabilities of the NationalInfrastructure Simulation and Analysis Center, particularlyvulnerability and consequence analysis, for real time responseto reported threats and long term planning for projectedthreats._________________________________________________________________________________________________SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION._________________________________________________________________________________________________Subtitle B--Department of Homeland Security MattersSEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.(a) Findings.--Congress makes the following findings:(1) Geospatial technologies and geospatial dataimprove government capabilities to detect, plan for,prepare for, and respond to disasters in order to savelives and protect property.(2) Geospatial data improves the ability ofinformation technology applications and systems toenhance public security in a cost-effective manner.(3) Geospatial information preparedness in theUnited States, and specifically in the Department ofHomeland Security, is insufficient because of--(A) inadequate geospatial datacompatibility;(B) insufficient geospatial data sharing;and(C) technology interoperability barriers.(b) Homeland Security Geospatial Information.--Section 703of the Homeland Security Act of 2002 (6 U.S.C. 343) isamended--(1) by inserting ``(a) In General.-- before ``TheChief Information; and(2) by adding at the end the following:``(b) Geospatial Information Functions.--``(1) Definitions.--As used in this subsection:``(A) Geospatial information.--The term`geospatial information means graphical ordigital data depicting natural or manmadephysical features, phenomena, or boundaries ofthe earth and any information related thereto,including surveys, maps, charts, remote sensingdata, and images.``(B) Geospatial technology.--The term`geospatial technology means any technologyutilized by analysts, specialists, surveyors,photogrammetrists, hydrographers, geodesists,cartographers, architects, or engineers for thecollection, storage, retrieval, ordissemination of geospatial information,including--``(i) global satellite surveillancesystems;``(ii) global position systems;``(iii) geographic informationsystems;``(iv) mapping equipment;``(v) geocoding technology; and``(vi) remote sensing devices.``(2) Office of geospatial management.--``(A) Establishment.--The Office ofGeospatial Management is established within theOffice of the Chief Information Officer.
    • ``(B) Geospatial information officer.--``(i) Appointment.--The Office ofGeospatial Management shall beadministered by the GeospatialInformation Officer, who shall beappointed by the Secretary and serveunder the direction of the ChiefInformation Officer.``(ii) Functions.--The GeospatialInformation Officer shall assist theChief Information Officer in carryingout all functions under this sectionand in coordinating the geospatialinformation needs of the Department.``(C) Coordination of geospatialinformation.--The Chief Information Officershall establish and carry out a program toprovide for the efficient use of geospatialinformation, which shall include--``(i) providing such geospatialinformation as may be necessary toimplement the critical infrastructureprotection programs;``(ii) providing leadership andcoordination in meeting the geospatialinformation requirements of thoseresponsible for planning, prevention,mitigation, assessment and response toemergencies, critical infrastructureprotection, and other functions of theDepartment; and``(iii) coordinating with users ofgeospatial information within theDepartment to assure interoperabilityand prevent unnecessary duplication.``(D) Responsibilities.--In carrying outthis subsection, the responsibilities of theChief Information Officer shall include--``(i) coordinating the geospatialinformation needs and activities of theDepartment;``(ii) implementing standards, asadopted by the Director of the Officeof Management and Budget under theprocesses established under section 216of the E-Government Act of 2002 (44U.S.C. 3501 note), to facilitate theinteroperability of geospatialinformation pertaining to homelandsecurity among all users of suchinformation within--``(I) the Department;``(II) State and localgovernment; and``(III) the private sector;``(iii) coordinating with theFederal Geographic Data Committee andcarrying out the responsibilities ofthe Department pursuant to Office ofManagement and Budget Circular A-16 andExecutive Order 12906; and``(iv) making recommendations tothe Secretary and the ExecutiveDirector of the Office for State andLocal Government Coordination andPreparedness on awarding grants to--``(I) fund the creation ofgeospatial data; and``(II) execute informationsharing agreements regardinggeospatial data with State,local, and tribal governments.``(3) Authorization of appropriations.--There are
    • authorized to be appropriated such sums as may benecessary to carry out this subsection for each fiscalyear.._________________________________________________________________________________________________SEC. 8301. SHORT TITLE._________________________________________________________________________________________________Subtitle C--Homeland Security Civil Rights and Civil Liberties ProtectionSEC. 8301. SHORT TITLE.This subtitle may be cited as the ``Homeland Security CivilRights and Civil Liberties Protection Act of 2004._________________________________________________________________________________________________SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY._________________________________________________________________________________________________Section 101(b)(1) of the Homeland Security Act of 2002 (6U.S.C. 111(b)(1)) is amended--(1) in subparagraph (F), by striking ``and afterthe semicolon;(2) by redesignating subparagraph (G) assubparagraph (H); and(3) by inserting after subparagraph (F) thefollowing:``(G) ensure that the civil rights andcivil liberties of persons are not diminishedby efforts, activities, and programs aimed atsecuring the homeland; and._________________________________________________________________________________________________SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES._________________________________________________________________________________________________Section 705(a) of the Homeland Security Act of 2002 (6U.S.C. 345(a)) is amended--(1) by amending the matter preceding paragraph (1)to read as follows:``(a) In General.--The Officer for Civil Rights and CivilLiberties, who shall report directly to the Secretary, shall--;(2) by amending paragraph (1) to read as follows:``(1) review and assess information concerningabuses of civil rights, civil liberties, and profilingon the basis of race, ethnicity, or religion, byemployees and officials of the Department;;(3) in paragraph (2), by striking the period at theend and inserting a semicolon; and(4) by adding at the end the following:``(3) assist the Secretary, directorates, andoffices of the Department to develop, implement, andperiodically review Department policies and proceduresto ensure that the protection of civil rights and civilliberties is appropriately incorporated into Departmentprograms and activities;``(4) oversee compliance with constitutional,statutory, regulatory, policy, and other requirementsrelating to the civil rights and civil liberties ofindividuals affected by the programs and activities ofthe Department;``(5) coordinate with the Privacy Officer to ensurethat--``(A) programs, policies, and proceduresinvolving civil rights, civil liberties, andprivacy considerations are addressed in anintegrated and comprehensive manner; and``(B) Congress receives appropriate reportsregarding such programs, policies, andprocedures; and``(6) investigate complaints and informationindicating possible abuses of civil rights or civilliberties, unless the Inspector General of the
    • Department determines that any such complaint orinformation should be investigated by the InspectorGeneral.._________________________________________________________________________________________________SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL._________________________________________________________________________________________________Section 8I of the Inspector General Act of 1978 (5 U.S.C.App.) is amended by adding at the end the following:``(f)(1) The Inspector General of the Department ofHomeland Security shall designate a senior official within theOffice of Inspector General, who shall be a career member ofthe civil service at the equivalent to the GS-15 level or acareer member of the Senior Executive Service, to perform thefunctions described in paragraph (2).``(2) The senior official designated under paragraph (1)shall--``(A) coordinate the activities of the Office ofInspector General with respect to investigations ofabuses of civil rights or civil liberties;``(B) receive and review complaints and informationfrom any source alleging abuses of civil rights andcivil liberties by employees or officials of theDepartment and employees or officials of independentcontractors or grantees of the Department;``(C) initiate investigations of alleged abuses ofcivil rights or civil liberties by employees orofficials of the Department and employees or officialsof independent contractors or grantees of theDepartment;``(D) ensure that personnel within the Office ofInspector General receive sufficient training toconduct effective civil rights and civil libertiesinvestigations;``(E) consult with the Officer for Civil Rights andCivil Liberties regarding--``(i) alleged abuses of civil rights orcivil liberties; and``(ii) any policy recommendations regardingcivil rights and civil liberties that may befounded upon an investigation by the Office ofInspector General;``(F) provide the Officer for Civil Rights andCivil Liberties with information regarding the outcomeof investigations of alleged abuses of civil rights andcivil liberties;``(G) refer civil rights and civil libertiesmatters that the Inspector General decides not toinvestigate to the Officer for Civil Rights and CivilLiberties;``(H) ensure that the Office of the InspectorGeneral publicizes and provides convenient publicaccess to information regarding--``(i) the procedure to file complaints orcomments concerning civil rights and civilliberties matters; and``(ii) the status of corrective actionstaken by the Department in response to Officeof the Inspector General reports; and``(I) inform the Officer for Civil Rights and CivilLiberties of any weaknesses, problems, and deficiencieswithin the Department relating to civil rights or civilliberties.._________________________________________________________________________________________________SEC. 8305. PRIVACY OFFICER._________________________________________________________________________________________________Section 222 of the Homeland Security Act of 2002 (6 U.S.C.142) is amended--(1) in the matter preceding paragraph (1), by
    • inserting ``, who shall report directly to theSecretary, after ``in the Department;(2) in paragraph (4), by striking ``and at theend;(3) by redesignating paragraph (5) as paragraph(6); and(4) by inserting after paragraph (4) the following:``(5) coordinating with the Officer for CivilRights and Civil Liberties to ensure that--``(A) programs, policies, and proceduresinvolving civil rights, civil liberties, andprivacy considerations are addressed in anintegrated and comprehensive manner; and``(B) Congress receives appropriate reportson such programs, policies, and procedures;and._________________________________________________________________________________________________SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELANDSECURITY._________________________________________________________________________________________________The Secretary of Homeland Security shall ensure that theDepartment of Homeland Security complies with the protectionsfor human research subjects, as described in part 46 of title45, Code of Federal Regulations, or in equivalent regulationsas promulgated by such Secretary, with respect to research thatis conducted or supported by the Department._________________________________________________________________________________________________SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY PLANNING FORINFORMATION SECURITY NEEDS._________________________________________________________________________________________________Subtitle D--Other MattersSEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO ENHANCE AGENCY PLANNING FOR INFORMATIONSECURITY NEEDS.Chapter 113 of title 40, United States Code, is amended--(1) in section 11302(b), by inserting ``security,after ``use,;(2) in section 11302(c), by inserting ``, includinginformation security risks, after ``risks bothplaces it appears;(3) in section 11312(b)(1), by striking``information technology investments and inserting``investments in information technology (includinginformation security needs); and(4) in section 11315(b)(2), by inserting ``,secure, after ``sound._________________________________________________________________________________________________SEC. 8402. ENTERPRISE ARCHITECTURE._________________________________________________________________________________________________(a) Enterprise Architecture Defined.--In this section, theterm ``enterprise architecture means a detailed outline orblueprint of the information technology of the Federal Bureauof Investigation that will satisfy the ongoing mission andgoals of the Federal Bureau of Investigation and that setsforth specific and identifiable benchmarks.(b) Enterprise Architecture.--The Federal Bureau ofInvestigation shall--(1) continually maintain and update an enterprisearchitecture; and(2) maintain a state of the art and up to dateinformation technology infrastructure that is incompliance with the enterprise architecture of theFederal Bureau of Investigation.(c) Report.--Subject to subsection (d), the Director of theFederal Bureau of Investigation shall, on an annual basis,submit to the Committees on the Judiciary of the Senate andHouse of Representatives a report on whether the major
    • information technology investments of the Federal Bureau ofInvestigation are in compliance with the enterprisearchitecture of the Federal Bureau of Investigation andidentify any inability or expectation of inability to meet theterms set forth in the enterprise architecture.(d) Failure To Meet Terms.--If the Director of the FederalBureau of Investigation identifies any inability or expectationof inability to meet the terms set forth in the enterprisearchitecture in a report under subsection (c), the report undersubsection (c) shall--(1) be twice a year until the inability iscorrected;(2) include a statement as to whether the inabilityor expectation of inability to meet the terms set forthin the enterprise architecture is substantially relatedto resources; and(3) if the inability or expectation of inability issubstantially related to resources, include a requestfor additional funding that would resolve the problemor a request to reprogram funds that would resolve theproblem.(e) Enterprise Architecture, Agency Plans and Reports.--This section shall be carried out in compliance with therequirements set forth in section 1016 (e) and (h)._________________________________________________________________________________________________SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS._________________________________________________________________________________________________(a) Study.--Not later than 90 days after the date ofenactment of this Act, the Office of Government Ethics shallsubmit to Congress a report--(1) evaluating the financial disclosure process foremployees of the executive branch of Government; and(2) making recommendations for improving thatprocess.(b) Transmittal of Record Relating to PresidentiallyAppointed Positions to Presidential Candidates.--(1) Definition.--In this section, the term ``majorparty has the meaning given that term under section9002(6) of the Internal Revenue Code of 1986.(2) Transmittal.--(A) In general.--Not later than 15 daysafter the date on which a major party nominatesa candidate for President, the Office ofPersonnel Management shall transmit anelectronic record to that candidate onPresidentially appointed positions.(B) Other candidates.--After makingtransmittals under subparagraph (A), the Officeof Personnel Management may transmit anelectronic record on Presidentially appointedpositions to any other candidate for President.(3) Content.--The record transmitted under thissubsection shall provide--(A) all positions which are appointed bythe President, including the title anddescription of the duties of each position;(B) the name of each person holding aposition described under subparagraph (A);(C) any vacancy in the positions describedunder subparagraph (A), and the period of timeany such position has been vacant;(D) the date on which an appointment madeafter the applicable Presidential election forany position described under subparagraph (A)is necessary to ensure effective operation ofthe Government; and(E) any other information that the Officeof Personnel Management determines is useful inmaking appointments.(c) Reduction of Positions Requiring Appointment WithSenate Confirmation.--
    • (1) Definition.--In this subsection, the term``agency means an Executive agency as defined undersection 105 of title 5, United States Code.(2) Reduction plan.--(A) In general.--Not later than 180 daysafter the date of enactment of this Act, thehead of each agency shall submit a Presidentialappointment reduction plan to--(i) the President;(ii) the Committee on HomelandSecurity and Governmental Affairs ofthe Senate; and(iii) the Committee on GovernmentReform of the House of Representatives.(B) Content.--The plan under this paragraphshall provide for the reduction of--(i) the number of positions withinthat agency that require an appointmentby the President, by and with theadvice and consent of the Senate; and(ii) the number of levels of suchpositions within that agency.(d) Office of Government Ethics Review of Conflict ofInterest Law.--(1) In general.--Not later than 1 year after thedate of enactment of this Act, the Director of theOffice of Government Ethics, in consultation with theAttorney General of the United States, shall conduct acomprehensive review of conflict of interest lawsrelating to executive branch employment and submit areport to--(A) the President;(B) the Committees on Homeland Security andGovernmental Affairs and the Judiciary of theSenate;(C) the Committees on Government Reform andthe Judiciary of the House of Representatives.(2) --The report under this subsectionshall examine sections 203, 205, 207, and 208 of title18, United States Code._________________________________________________________________________________________________SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS FOR SUSPENDEDAIR PASSENGER SERVICE._________________________________________________________________________________________________Section 145(c) of the Aviation and Transportation SecurityAct (49 U.S.C. 40101 note) is amended by striking ``more thanand all that follows and inserting ``after November 19,2005..And the House agree to the same.Peter Hoekstra,David Dreier,Henry Hyde,Duncan Hunter,Jane Harman,Robert Menendez,Ike Skelton,Managers on the Part of the House.Susan M. Collins,Joe Lieberman,Trent Lott,Richard J. Durbin,Mike DeWine,Pat Roberts,John D. Rockefeller, IV,George V. Voinovich,John E. Sununu,Bob Graham,Frank R. Lautenberg,Norm Coleman,Managers on the Part of the Senate.JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCE
    • The managers on the part of the House and the Senate atthe conference on the disagreeing votes of the two Houses onthe amendment of the House to the bill (S. 2845), to reform theintelligence community and the intelligence and intelligencerelatedactivities of the United States Government, and forother purposes, submit the following joint statement to theHouse and the Senate in explanation of the effect of the actionagreed upon by the managers and recommended in the accompanyingconference report.The House amendment struck all of the Senate bill afterthe enacting clause and inserted a substitute text. The Senaterecedes from its disagreement to the amendment of the Housewith an amendment that is a substitute for the Senate bill andthe House amendment.A summary of the substitute agreed to in conference isset forth below:This legislation in part implements the recommendationsof the National Commission on Terrorist Attacks Upon the UnitedStates (the ``9/11 Commission) but also responds to otherstudies and related commissions which focused on intelligencereform for protecting the United State against acts ofterrorism. In July 2004, the 9/11 Commission released acomprehensive report chronicling the circumstances leading upto the terrorist attacks of September 11, 2001. The Commissionmade over forty recommendations to strengthen the UnitedStatess ability to prevent future terrorist attacks. Theserecommendations included reorganization of the U.S.Intelligence Community by creating an empowered Director ofNational Intelligence (DNI) and a National CounterterrorismCenter (NCTC). The recommendations also spanned a variety ofother areas such as foreign policy and transportation security.This conference report makes a number of necessary changes ingovernment structure, law enforcement, and securityarrangements to protect the American people better.IntelligenceDNI. A number of past studies have found that the currentDirector of Central Intelligence lacks sufficient authority tosteward the Intelligence Community and transform it into anagile network to fight terrorist networks. In response, and asenvisioned by the Senate bill and the House amendment, theconference report creates a DNI appointed by the President,confirmed by the Senate, and without the responsibility ofdirecting the Central Intelligence Agency. Also as envisionedby the Senate bill and the House amendment, the DNI would headthe Intelligence Community; serve as the principal intelligenceadviser to the President; and oversee and direct theimplementation of the National Intelligence Program.The conference reports formulation of the DNIsauthorities is a composite of the authorities in the Senatebill and the House amendment. For example, relying on variousHouse and Senate provisions, the conference report gives theDNI strong authority concerning the National IntelligenceProgram, such as unambiguous authority to task collection andanalysis. The conference report does not expand authority underwhich information is classified, which is pursuant to ExecutiveOrder or other Presidential directive, but rather directs theDNI to establish and implement guidelines for the intelligencecommunity for the purpose of such classification ofinformation. In addition, the Conferees recognize the need toprovide the DNI with enhanced personnel transfer flexibility inorder to maximize the Intelligence Communitys functionality.The Conferees encourage the DNI to consult with the Committeesof the Congress enumerated by this provision to establishmutually agreeable procedures to fulfill the noticerequirements in this provision.NCTC. The NCTC is an innovation designed to achievehorizontal integration or ``matrix management for theExecutive Branch--meaning seamless coordination acrossdepartmental lines against interdisciplinary problemsepitomized by terrorism. Once again fusing perspectives fromthe Senate bill and the House amendment, the NCTC would be theprimary Executive Branch organization for counterterrorismintelligence and strategic operational planning.
    • Security Clearances and FBI Restructuring. The conferencereport rationalizes the Executive Branchs security clearanceprocess, which currently cannot satisfy the demand forclearances in government and the private sector. Mergingvisions articulated in the Senate bill and the House amendment,the conference report seeks to bring greater efficiency, speed,and interagency reciprocity to the security clearance processwhile maintaining the highest standards. Finally, theconference report contains a series of provisions, taken fromthe Senate bill and the House amendment, to restructure andbuttress the FBIs intelligence capability.Information Sharing. In order to help the governmentbetter ``connect the dots, the conference report requiresthat the President establish an Information Sharing Environmentto facilitate the sharing of terrorism information, through theuse of policy guidelines and technologies.Other issuesIntelligence reorganization, while critical, is only onepart of the larger task of protecting the United States againstterrorism and combating the root causes of terrorism. Indeed,the transnational threat of terrorism cuts across a disparatearray of issues: e.g., diplomacy, economic development,immigration, and transportation. Thus the conference reportfocuses not only on intelligence reform but also on a spectrumof other reforms designed to protect Americans.Foreign Relations. The conference report has a number ofprovisions concerning relations between the United States andkey Middle Eastern and South Asian countries as well as toimprove the manner in which the United States conducts itsforeign relations. For example, the conference report attemptsto improve U.S. public diplomacy, educational and culturalexchange programs, and foreign media outreach in order to buildgood will and promote democracy and prosperity in the MiddleEast. The conference report also includes provisions designedto strengthen United States policy to develop and implement astrategy to eliminate terrorist sanctuaries.Transportation Security. The conference report blendsHouse and Senate language on similar concerns. The conferencereport requires a national transportation security strategy,improves the use of passenger watchlists, and otherwiseenhances the safety of aviation and other forms of travel.Additionally, the conference report includes House provisionsrelating to the use of biometric technology to regulate accessto secure areas of airports and Senate provisions relating toair cargo and general aviation security.Terrorist Travel and Effective Screening. These sectionsinclude an array of measures to disrupt terrorist travel andintercept terrorists. For instance, the conference report wouldimprove intelligence collection and analysis on terroristtravel. Also, it would tighten security standards for keyidentification documents including drivers licenses, birthcertificates, and social security numbers.Border Protection, Immigration, and Visa Matters. Theseprovisions are designed to enhance security of U.S. borders andthe enforcement of border and immigration laws. For example,the conference report blends House and Senate provisions thatcall for an increase in the number of full-time border patrolagents. The conference report also includes Senate provisionsthat permit the Secretary of Homeland Security to carry out apilot program to test advanced technologies that will improveborder security between ports of entry along the northernborder of the United States. And it includes a House provisionthat increases detention bed space available for immigrationdetention and removal.Terrorism Prevention. These sections include measures toprovide additional enforcement tools against terroristactivity, e.g. money laundering and terrorist financing laws.The conference report adopts a House provision to amend theForeign Intelligence Surveillance Act concerning ``lone wolfterrorists; a similar provision had previously passed theSenate.Diplomacy, Foreign Aid, and the Military in the War onTerrorism. In these provisions, the conference report guides
    • the Executive Branch concerning the use of all elements ofnational power--including diplomacy, military action,intelligence, law enforcement, economic policy, foreign aid,public diplomacy, and homeland defense--to win the war onterrorism. The conference report adopts Senate language onU.S.-Saudi relations and efforts to combat Islamist terrorism.In addition, it includes House language on terroristsanctuaries and U.S. assistance to Afghanistan and Pakistan.National Preparedness. The conference report consolidatesseveral sections on the Incident Command System andinteroperable communications from the Senate bill and the Houseamendment. It includes a Senate provision authorizing mutualaid for first responders in the National Capital Region.Civil liberties and privacyThe conference report creates a Privacy and CivilLiberties Oversight Board that is charged with ensuring thatprivacy and civil liberties concerns are appropriatelyconsidered in the implementation of laws, regulations, andpolicies of the government related to efforts to protect theNation against terrorism. The conference report also expressesa sense of the Congress that a civil liberties and privacyofficer should be designated for each department and agencythat carries out law enforcement or anti-terrorism functions.The task of protecting the United States againstterrorism poses a daunting challenge. This conference report isa significant step in the right direction for America.Peter Hoekstra,David Dreier,Henry Hyde,Duncan Hunter,Jane Harman,Robert Menendez,Ike Skelton,Managers on the Part of the House.Susan M. Collins,Joe Lieberman,Trent Lott,Richard J. Durbin,Mike DeWine,Pat Roberts,John D. Rockefeller, IV,George V. Voinovich,John E. Sununu,Bob Graham,Frank R. Lautenberg,Norm Coleman,Managers on the Part of the Senate.<all>_________________________________________________________________________________________________JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCE_________________________________________________________________________________________________And the House agree to the same.Peter Hoekstra,David Dreier,Henry Hyde,Duncan Hunter,Jane Harman,Robert Menendez,Ike Skelton,Managers on the Part of the House.Susan M. Collins,Joe Lieberman,Trent Lott,Richard J. Durbin,Mike DeWine,Pat Roberts,John D. Rockefeller, IV,George V. Voinovich,John E. Sununu,Bob Graham,Frank R. Lautenberg,
    • Norm Coleman,Managers on the Part of the Senate.JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF THE CONFERENCEThe managers on the part of the House and the Senate atthe conference on the disagreeing votes of the two Houses onthe amendment of the House to the bill (S. 2845), to reform theintelligence community and the intelligence and intelligencerelatedactivities of the United States Government, and forother purposes, submit the following joint statement to theHouse and the Senate in explanation of the effect of the actionagreed upon by the managers and recommended in the accompanyingconference report.The House amendment struck all of the Senate bill afterthe enacting clause and inserted a substitute text. The Senaterecedes from its disagreement to the amendment of the Housewith an amendment that is a substitute for the Senate bill andthe House amendment.A summary of the substitute agreed to in conference isset forth below:This legislation in part implements the recommendationsof the National Commission on Terrorist Attacks Upon the UnitedStates (the ``9/11 Commission) but also responds to otherstudies and related commissions which focused on intelligencereform for protecting the United State against acts ofterrorism. In July 2004, the 9/11 Commission released acomprehensive report chronicling the circumstances leading upto the terrorist attacks of September 11, 2001. The Commissionmade over forty recommendations to strengthen the UnitedStatess ability to prevent future terrorist attacks. Theserecommendations included reorganization of the U.S.Intelligence Community by creating an empowered Director ofNational Intelligence (DNI) and a National CounterterrorismCenter (NCTC). The recommendations also spanned a variety ofother areas such as foreign policy and transportation security.This conference report makes a number of necessary changes ingovernment structure, law enforcement, and securityarrangements to protect the American people better.IntelligenceDNI. A number of past studies have found that the currentDirector of Central Intelligence lacks sufficient authority tosteward the Intelligence Community and transform it into anagile network to fight terrorist networks. In response, and asenvisioned by the Senate bill and the House amendment, theconference report creates a DNI appointed by the President,confirmed by the Senate, and without the responsibility ofdirecting the Central Intelligence Agency. Also as envisionedby the Senate bill and the House amendment, the DNI would headthe Intelligence Community; serve as the principal intelligenceadviser to the President; and oversee and direct theimplementation of the National Intelligence Program.The conference reports formulation of the DNIsauthorities is a composite of the authorities in the Senatebill and the House amendment. For example, relying on variousHouse and Senate provisions, the conference report gives theDNI strong authority concerning the National IntelligenceProgram, such as unambiguous authority to task collection andanalysis. The conference report does not expand authority underwhich information is classified, which is pursuant to ExecutiveOrder or other Presidential directive, but rather directs theDNI to establish and implement guidelines for the intelligencecommunity for the purpose of such classification ofinformation. In addition, the Conferees recognize the need toprovide the DNI with enhanced personnel transfer flexibility inorder to maximize the Intelligence Communitys functionality.The Conferees encourage the DNI to consult with the Committeesof the Congress enumerated by this provision to establishmutually agreeable procedures to fulfill the noticerequirements in this provision.NCTC. The NCTC is an innovation designed to achievehorizontal integration or ``matrix management for theExecutive Branch--meaning seamless coordination acrossdepartmental lines against interdisciplinary problemsepitomized by terrorism. Once again fusing perspectives from
    • the Senate bill and the House amendment, the NCTC would be theprimary Executive Branch organization for counterterrorismintelligence and strategic operational planning.Security Clearances and FBI Restructuring. The conferencereport rationalizes the Executive Branchs security clearanceprocess, which currently cannot satisfy the demand forclearances in government and the private sector. Mergingvisions articulated in the Senate bill and the House amendment,the conference report seeks to bring greater efficiency, speed,and interagency reciprocity to the security clearance processwhile maintaining the highest standards. Finally, theconference report contains a series of provisions, taken fromthe Senate bill and the House amendment, to restructure andbuttress the FBIs intelligence capability.Information Sharing. In order to help the governmentbetter ``connect the dots, the conference report requiresthat the President establish an Information Sharing Environmentto facilitate the sharing of terrorism information, through theuse of policy guidelines and technologies.Other issuesIntelligence reorganization, while critical, is only onepart of the larger task of protecting the United States againstterrorism and combating the root causes of terrorism. Indeed,the transnational threat of terrorism cuts across a disparatearray of issues: e.g., diplomacy, economic development,immigration, and transportation. Thus the conference reportfocuses not only on intelligence reform but also on a spectrumof other reforms designed to protect Americans.Foreign Relations. The conference report has a number ofprovisions concerning relations between the United States andkey Middle Eastern and South Asian countries as well as toimprove the manner in which the United States conducts itsforeign relations. For example, the conference report attemptsto improve U.S. public diplomacy, educational and culturalexchange programs, and foreign media outreach in order to buildgood will and promote democracy and prosperity in the MiddleEast. The conference report also includes provisions designedto strengthen United States policy to develop and implement astrategy to eliminate terrorist sanctuaries.Transportation Security. The conference report blendsHouse and Senate language on similar concerns. The conferencereport requires a national transportation security strategy,improves the use of passenger watchlists, and otherwiseenhances the safety of aviation and other forms of travel.Additionally, the conference report includes House provisionsrelating to the use of biometric technology to regulate accessto secure areas of airports and Senate provisions relating toair cargo and general aviation security.Terrorist Travel and Effective Screening. These sectionsinclude an array of measures to disrupt terrorist travel andintercept terrorists. For instance, the conference report wouldimprove intelligence collection and analysis on terroristtravel. Also, it would tighten security standards for keyidentification documents including drivers licenses, birthcertificates, and social security numbers.Border Protection, Immigration, and Visa Matters. Theseprovisions are designed to enhance security of U.S. borders andthe enforcement of border and immigration laws. For example,the conference report blends House and Senate provisions thatcall for an increase in the number of full-time border patrolagents. The conference report also includes Senate provisionsthat permit the Secretary of Homeland Security to carry out apilot program to test advanced technologies that will improveborder security between ports of entry along the northernborder of the United States. And it includes a House provisionthat increases detention bed space available for immigrationdetention and removal.Terrorism Prevention. These sections include measures toprovide additional enforcement tools against terroristactivity, e.g. money laundering and terrorist financing laws.The conference report adopts a House provision to amend theForeign Intelligence Surveillance Act concerning ``lone wolfterrorists; a similar provision had previously passed the
    • Senate.Diplomacy, Foreign Aid, and the Military in the War onTerrorism. In these provisions, the conference report guidesthe Executive Branch concerning the use of all elements ofnational power--including diplomacy, military action,intelligence, law enforcement, economic policy, foreign aid,public diplomacy, and homeland defense--to win the war onterrorism. The conference report adopts Senate language onU.S.-Saudi relations and efforts to combat Islamist terrorism.In addition, it includes House language on terroristsanctuaries and U.S. assistance to Afghanistan and Pakistan.National Preparedness. The conference report consolidatesseveral sections on the Incident Command System andinteroperable communications from the Senate bill and the Houseamendment. It includes a Senate provision authorizing mutualaid for first responders in the National Capital Region.Civil liberties and privacyThe conference report creates a Privacy and CivilLiberties Oversight Board that is charged with ensuring thatprivacy and civil liberties concerns are appropriatelyconsidered in the implementation of laws, regulations, andpolicies of the government related to efforts to protect theNation against terrorism. The conference report also expressesa sense of the Congress that a civil liberties and privacyofficer should be designated for each department and agencythat carries out law enforcement or anti-terrorism functions.The task of protecting the United States againstterrorism poses a daunting challenge. This conference report isa significant step in the right direction for America.Peter Hoekstra,David Dreier,Henry Hyde,Duncan Hunter,Jane Harman,Robert Menendez,Ike Skelton,Managers on the Part of the House.Susan M. Collins,Joe Lieberman,Trent Lott,Richard J. Durbin,Mike DeWine,Pat Roberts,John D. Rockefeller, IV,George V. Voinovich,John E. Sununu,Bob Graham,Frank R. Lautenberg,Norm Coleman,Managers on the Part of the Senate.<all>_________________________________________________________________________________________________