9/11 Commission Report Implementation Act of 2004 - National Intelligence Authority Act of 2004 - Establishes as an independent executive entity the National Intelligence Authority (Authority), headed by a National Intelligence Director (Director), to, among other things: (1) unify and strengthen efforts of the intelligence community (IC); (2) operate the National Counterterrorism Center and national intelligence centers; and (3) establish clear responsibility and accountability for counterterrorism and other intelligence matters relating to U.S. national security. Requires the Director to: (1) serve as the head of the IC; (2) advise the President on intelligence related to national security; and (3) direct, manage, and oversee the execution of the National Intelligence Program (formerly the National Foreign Intelligence Program).
Establishes a National Intelligence Council (Council) to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC.
Establishes a National Counterterrorism Center (Center) to: (1) unify strategy for U.S. civilian and military counterterrorism efforts; and (2) integrate counterterrorism intelligence and operations across agency boundaries, both inside and outside the United States.
Requires the President to publicly disclose certain intelligence funding information for fiscal years after 2005.
Merges the Homeland Security Council into the Council.
Maintains within the Central Intelligence Agency (CIA) the direction and execution of clandestine and covert operations.
Makes the Secretary of Defense responsible for directing and executing paramilitary operations, whether clandestine or covert.
Requires the Director of the Federal Bureau of Investigation (FBI) to develop and maintain within the FBI a national security workforce of agents, analysts, linguists, and surveillance specialists.
Directs the President to: (1) establish an information sharing network to promote the sharing of terrorism information among all relevant Federal departments and agencies, State, tribal, and local authorities, and private sector entities in a manner consistent with national security and the protection of privacy and civil liberties; and (2) submit to Congress a network system design and implementation plan. Establishes an Advisory Council on Information Sharing.
Prohibits the 108th Congress from adjourning until jurisdiction over proposed legislation and other matters relating to: (1) the Department of Homeland Security (DHS) is consolidated into a single committee in each House with a nonpartisan staff; and (2) intelligence resides in a joint committee or a committee with combined authorization and appropriations authority, with a subcommittee devoted solely to oversight.
Requires the President-elect to be provided detailed, classified summaries by relevant outgoing executive officials of specific operational threats to national security, major military or covert operations, and pending decisions on possible use of military force. Outlines procedures for the President-elect to designate, the FBI to investigate, and the Senate to expeditiously consider nominees for high-level national security positions.
Requires specified reports from the President to Congress concerning, among other things: (1) terrorist sanctuaries; (2) efforts to support Pakistan; (3) aid to Afghanistan; (4) the U.S.-Saudi Arabia relationship; (5) a strategy to help win the struggle of ideas within the Islamic world; (6) proliferation of weapons of mass destruction; and (7) efforts to curtail the international financing of terrorism.
Provides, through specified activities of the Secretary of State, for the expansion of international educational and cultural exchange programs between the United States and countries with sizable Muslim populations.
Directs the President to establish an International Youth Opportunity Fund to provide financial assistance for the improvement of public education in the Middle East.
Authorizes the President to establish an international counterterrorism policy contact group with leaders of governments of other countries to develop a comprehensive coalition strategy to fight Islamist terrorism.
States U.S. policy concerning the humane treatment of prisoners.
Directs the Secretary of Homeland Security (Secretary) to submit to Congress a: (1) strategy for combining terrorist travel intelligence, operations, and law enforcement into a cohesive effort to intercept terrorists, find terrorist travel facilitators, and constrain terrorist mobility domestically and internationally; and (2) plan describing how DHS and the State Department can acquire and deploy, to all consulates, ports of entry, and immigration benefits offices, technologies that facilitate document authentication and the detection of potential terrorist indicators on travel documents.
Directs the Secretary to develop plans: (1) for a comprehensive integrated screening system; (2) to accelerate the full implementation of an automated biometric entry and exit data system for preventing the entry of terrorists; (3) to expedite the processing of registered travelers who enter and exit the United States through a single registered traveler program; and (4) to require biometric passports and other secure identification for all travel into the United States by U.S. citizens and individuals for whom immigration and nationality documentation requirements have previously been waived.
Directs the Secretary to develop, implement, and revise as necessary a National Strategy for Transportation Security for the protection from terrorist or other hostile acts of all transportation infrastructure assets.
Directs the Secretary to allocate homeland security assistance grants to communities based on threat levels, presence of critical infrastructure, population density, and other criteria.
Calls for adoption by all appropriate entities of the Incident Command System (a national, coordinated emergency response system developed by the National Incident Management System).
Authorizes specified officials of the National Capital Region to enter into, provide, or request from other Region entities mutual aid assistance for emergency services related to a terrorist or other hostile act.
Directs the Secretary to: (1) encourage and support the establishment of consistent and effective communications capabilities in high risk urban areas; (2) establish a program to promote private sector preparedness; (3) undertake certain critical infrastructure readiness assessments; and (4) regularly assess the adequacy of the United States Northern Command to respond to all military and paramilitary threats within the United States.
Establishes within the Executive Office of the President a Privacy and Civil Liberties Oversight Board.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2774 Placed on Calendar Senate (PCS)]
Calendar No. 692
108th CONGRESS
2d Session
S. 2774
To implement the recommendations of the National Commission on
Terrorist Attacks Upon the United States, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 7, 2004
Mr. McCain (for himself, Mr. Lieberman, Mr. Specter, Mr. Bayh, Mr.
Graham of South Carolina, Mr. Daschle, Mrs. Clinton, Mr. Nelson of
Florida, Mr. Corzine, Ms. Mikulski, and Mrs. Murray) introduced the
following bill; which was read the first time
September 8, 2004
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To implement the recommendations of the National Commission on
Terrorist Attacks Upon the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``9/11 Commission
Report Implementation Act of 2004''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REFORM OF INTELLIGENCE COMMUNITY
Sec. 101. Short title.
Sec. 102. Definitions.
Subtitle A--National Intelligence Authority
Sec. 111. National Intelligence Authority.
Sec. 112. National Intelligence Director.
Sec. 113. Office of the National Intelligence Director.
Sec. 114. Deputy National Intelligence Directors.
Sec. 115. National Intelligence Council.
Sec. 116. General Counsel of the National Intelligence Authority.
Sec. 117. Inspector General of the National Intelligence Authority.
Sec. 118. Intelligence Comptroller.
Sec. 119. Officer for Civil Rights and Civil Liberties of the National
Intelligence Authority.
Sec. 120. Privacy Officer of the National Intelligence Authority.
Sec. 121. Chief Information Officer of the National Intelligence
Authority.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
Sec. 131. Provision of national intelligence.
Sec. 132. Responsibilities of National Intelligence Director.
Sec. 133. Authorities of National Intelligence Director.
Sec. 134. Enhanced personnel management.
Sec. 135. Role of National Intelligence Director in appointment and
termination of certain officials
responsible for intelligence-related
activities.
Subtitle C--Elements of National Intelligence Authority
Sec. 141. National Counterterrorism Center.
Sec. 142. National intelligence centers.
Subtitle D--Additional Authorities of National Intelligence Authority
Sec. 151. Use of appropriated funds.
Sec. 152. Procurement authorities.
Sec. 153. Personnel matters.
Sec. 154. Ethics matters.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 161. Availability to public of certain intelligence funding
information.
Sec. 162. Merger of Homeland Security Council into National Security
Council.
Sec. 163. Reform of Central Intelligence Agency.
Sec. 164. Paramilitary operations.
Sec. 165. Improvement of intelligence capabilities of the Federal
Bureau of Investigation.
Sec. 166. Report on implementation of intelligence community reform.
Subtitle F--Conforming and Other Amendments
Sec. 171. Restatement and modification of basic authority of the
Central Intelligence Agency.
Sec. 172. Conforming amendments relating to roles of National
Intelligence Director and Director of the
Central Intelligence Agency.
Sec. 173. Other conforming amendments.
Sec. 174. Elements of intelligence community under National Security
Act of 1947.
Sec. 175. Redesignation of National Foreign Intelligence Program as
National Intelligence Program.
Sec. 176. Repeal of superseded authorities.
Sec. 177. Clerical amendments to National Security Act of 1947.
Sec. 178. Conforming amendments relating to dual service of certain
officials as Deputy National Intelligence
Directors.
Sec. 179. Conforming amendment to Inspector General Act of 1978.
Subtitle G--Other Matters
Sec. 181. Transfer of Community Management Staff.
Sec. 182. Transfer of Terrorist Threat Integration Center.
Sec. 183. Termination of positions of Assistant Directors of Central
Intelligence.
Sec. 184. Termination of Joint Military Intelligence Program.
Sec. 185. Executive schedule matters.
Sec. 186. Preservation of intelligence capabilities.
Sec. 187. General references.
TITLE II--INFORMATION SHARING
Sec. 201. Information sharing.
TITLE III--CONGRESSIONAL REFORM
Sec. 301. Findings.
Sec. 302. Reorganization of congressional jurisdiction.
TITLE IV--PRESIDENTIAL TRANSITION
Sec. 401. Presidential transition.
TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
Sec. 501. Report on terrorist sanctuaries.
Sec. 502. Role of Pakistan in countering terrorism.
Sec. 503. Aid to Afghanistan.
Sec. 504. The United States-Saudi Arabia relationship.
Sec. 505. Efforts to combat Islamic terrorism by engaging in the
struggle of ideas in the Islamic world.
Sec. 506. United States policy toward dictatorships.
Sec. 507. Promotion of United States values through broadcast media.
Sec. 508. Use of United States scholarship and exchange programs in the
Islamic world.
Sec. 509. International Youth Opportunity Fund.
Sec. 510. Report on the use of economic policies to combat terrorism.
Sec. 511. Middle East Partnership Initiative.
Sec. 512. Comprehensive coalition strategy for fighting terrorism.
Sec. 513. Detention and humane treatment of captured terrorists.
Sec. 514. Proliferation of weapons of mass destruction.
Sec. 515. Financing of terrorism.
TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING
Sec. 601. Counterterrorist travel intelligence.
Sec. 602. Integrated screening system.
Sec. 603. Biometric entry and exit data system.
Sec. 604. Travel documents.
Sec. 605. Exchange of terrorist information.
Sec. 606. Minimum standards for identification-related documents.
TITLE VII--TRANSPORTATION SECURITY
Sec. 701. Definitions.
Sec. 702. National Strategy for Transportation Security.
Sec. 703. Use of watchlists for passenger air transportation screening.
Sec. 704. Enhanced passenger and cargo screening.
TITLE VIII--NATIONAL PREPAREDNESS
Sec. 801. Homeland security assistance.
Sec. 802. The incident command system.
Sec. 803. National Capital Region Mutual Aid.
Sec. 804. Assignment of spectrum for public safety.
Sec. 805. Urban area communications capabilities.
Sec. 806. Private sector preparedness.
Sec. 807. Critical infrastructure and readiness assessments.
Sec. 808. Report on Northern Command and defense of the United States
homeland.
TITLE IX--PROTECTION OF CIVIL LIBERTIES
Sec. 901. Privacy and Civil Liberties Oversight Board.
Sec. 902. Privacy and Civil Liberties Officers.
TITLE I--REFORM OF INTELLIGENCE COMMUNITY
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Intelligence Authority
Act of 2004''.
SEC. 102. DEFINITIONS.
In this title:
(1) The term ``intelligence'' includes foreign intelligence
and counterintelligence.
(2) The term ``foreign intelligence'' means information
relating to the capabilities, intentions, or activities of
foreign governments or elements thereof, foreign organizations,
or foreign persons, or international terrorist activities.
(3) The term ``counterintelligence'' means information
gathered, and activities conducted, to protect against
espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign governments
or elements thereof, foreign organizations, or foreign persons,
or international terrorist activities.
(4) The term ``intelligence community'' includes the
following:
(A) The National Intelligence Authority.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of Defense
for the collection of specialized national intelligence
through reconnaissance programs.
(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, and the Department of Energy.
(I) The Bureau of Intelligence and Research of the
Department of State.
(J) The Office of Intelligence and Analysis of the
Department of the Treasury.
(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence
information, including the Office of Intelligence of
the Coast Guard.
(L) Such other elements of any other department or
agency as may be designated by the President, or
designated jointly by the National Intelligence
Director and the head of the department or agency
concerned, as an element of the intelligence community.
(5) The terms ``national intelligence'' and ``intelligence
related to the national security''--
(A) each refer to intelligence which pertains to
the interests of more than one department or agency of
the Government; and
(B) do not refer to counterintelligence or law
enforcement activities conducted by the Federal Bureau
of Investigation except to the extent provided for in
procedures agreed to by the National Intelligence
Director and the Attorney General, or otherwise as
expressly provided for in this title.
(6) The term ``National Intelligence Program''--
(A)(i) refers to all national intelligence
programs, projects, and activities of the elements of
the intelligence community; and
(ii) includes all programs, projects, and
activities (whether or not pertaining to national
intelligence) of the National Intelligence Authority,
the Central Intelligence Agency, the National Security
Agency, the National Geospatial-Intelligence Agency,
the National Reconnaissance Office, the Office of
Intelligence of the Federal Bureau of Investigation,
and the Directorate of Information Analysis and
Infrastructure Protection of the Department of Homeland
Security; but
(B) does not refer--
(i) to any program, project, or activity
pertaining solely to the requirements of a
single department, agency, or element of the
United States Government; or
(ii) to any program, project, or activity
of the military departments to acquire
intelligence solely for the planning and
conduct of tactical military operations by the
United States Armed Forces.
(7) The term ``congressional intelligence committees''
means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
Subtitle A--National Intelligence Authority
SEC. 111. NATIONAL INTELLIGENCE AUTHORITY.
(a) Independent Establishment.--There is hereby established as an
independent establishment in the executive branch of government the
National Intelligence Authority.
(b) Composition.--The National Intelligence Authority is composed
of the following:
(1) The Office of the National Intelligence Director.
(2) The elements specified in subtitle C.
(3) Such other elements, offices, agencies, and activities
as may be designated by law or by the President as part of the
Authority.
(c) Primary Missions.--The primary missions of the National
Intelligence Authority are as follows:
(1) To unify and strengthen the efforts of the intelligence
community.
(2) To ensure the organization of the efforts of the
intelligence community in a collective manner relating to
intelligence responsibilities.
(3) To provide for the operation of the National
Counterterrorism Center and the national intelligence centers
under subtitle C.
(4) To eliminate barriers in the conduct of the
counterterrorism activities of the United States Government
between foreign intelligence activities conducted inside and
outside the United States while ensuring the protection of
civil liberties.
(5) To establish clear responsibility and accountability
for counterterrorism and other intelligence matters relating to
the national security of the United States.
(d) Seal.--The National Intelligence Director shall have a seal for
the National Intelligence Authority. The design of the seal is subject
to the approval of the President. Judicial notice shall be taken of the
seal.
SEC. 112. NATIONAL INTELLIGENCE DIRECTOR.
(a) National Intelligence Director.--There is a National
Intelligence Director who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) Individuals Eligible for Nomination.--Any individual nominated
for appointment as National Intelligence Director shall have extensive
national security expertise.
(c) Principal Duties and Responsibilities.--The National
Intelligence Director shall--
(1) serve as head of the intelligence community in
accordance with the provisions of this Act, the National
Security Act of 1947 (50 U.S.C. 401 et seq.), and other
applicable provisions of law;
(2) act as a principal adviser to the President for
intelligence related to the national security;
(3) serve as the head of the National Intelligence
Authority (but may not serve as the Director of the Central
Intelligence Agency); and
(4) direct, manage, and oversee the execution of the
National Intelligence Program.
(d) General Responsibilities and Authorities.--In carrying out the
duties and responsibilities set forth in subsection (c), the National
Intelligence Director shall have the responsibilities set forth in
section 132 and the authorities set forth in section 133 and other
applicable provisions of law.
SEC. 113. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) Office of National Intelligence Director.--There is within the
National Intelligence Authority an Office of the National Intelligence
Director.
(b) Function.--The function of the Office of the National
Intelligence Director is to assist the National Intelligence Director
in carrying out the duties and responsibilities of the Director under
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.),
and other applicable provisions of law, and to carry out such other
duties as may be prescribed by the President or by law.
(c) Composition.--The Office of the National Intelligence Director
is composed of the following:
(1) The Deputy National Intelligence Director.
(2) The Deputy National Intelligence Director for Foreign
Intelligence.
(3) The Deputy National Intelligence Director for Defense
Intelligence.
(4) The Deputy National Intelligence Director for Homeland
Intelligence.
(5) The National Intelligence Council.
(6) The General Counsel of the National Intelligence
Authority.
(7) The Inspector General of the National Intelligence
Authority.
(8) The Intelligence Comptroller.
(9) The Officer for Civil Rights and Civil Liberties of the
National Intelligence Authority.
(10) The Privacy Officer of the National Intelligence
Authority.
(11) The Chief Information Officer of the National
Intelligence Authority.
(12) Such other offices and officials as may be established
by law or the Director may establish or designate in the
Office.
(d) Staff.--(1) To assist the National Intelligence Director in
fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the National
Intelligence Director a professional staff having an expertise in
matters relating to such duties and responsibilities, and may establish
permanent positions and appropriate rates of pay with respect to that
staff.
(2) The staff of the Office under paragraph (1) shall include the
elements of the Community Management Staff that are transferred to the
Office under section 181.
SEC. 114. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.
(a) Deputy National Intelligence Director.--(1) There is a Deputy
National Intelligence Director who shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Any individual nominated for appointment as Deputy National
Intelligence Director shall have extensive national security experience
and management expertise.
(3) The individual serving as Deputy National Intelligence Director
may not serve in any capacity in any other element of the intelligence
community.
(4) The Deputy National Intelligence Director shall assist the
National Intelligence Director in carrying out the duties and
responsibilities of the Director.
(5) The Deputy National Intelligence Director shall act for, and
exercise the powers of, the National Intelligence Director during the
absence or disability of the National Intelligence Director or during a
vacancy in the position of National Director of Intelligence.
(b) Deputy National Intelligence Director for Foreign
Intelligence.--(1) There is a Deputy National Intelligence Director for
Foreign Intelligence.
(2) The Director of the Central Intelligence Agency under section
103 of the National Security Act of 1947 also serves as the Deputy
National Intelligence Director for Foreign Intelligence.
(3) In the capacity as Deputy National Intelligence Director for
Foreign Intelligence, the Deputy Director shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the intelligence
community (as determined by the National Intelligence Director)
that are responsible for foreign intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to foreign intelligence as the Director may
assign.
(c) Deputy National Intelligence Director for Defense
Intelligence.--(1) There is a Deputy National Intelligence Director for
Defense Intelligence.
(2) The Under Secretary of Defense for Intelligence under section
137 of title 10, United States Code, also serves as the Deputy National
Intelligence Director for Defense Intelligence.
(3) In the capacity as Deputy National Intelligence Director for
Defense Intelligence, the Deputy Director shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the intelligence
community (as determined by the National Intelligence Director)
that are responsible for defense intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to foreign intelligence as the Director may
assign.
(d) Deputy National Intelligence Director for Homeland
Intelligence.--(1) There is a Deputy National Intelligence Director for
Homeland Intelligence.
(2)(A) At the election of the National Intelligence Director, one
of the officials specified in subparagraph (B) also serves as the
Deputy National Intelligence Director for Homeland Intelligence.
(B) The officials specified in this subparagraph are as follows:
(i) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection under
section 201 of the Homeland Security Act of 2002 (6 U.S.C.
121).
(ii) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
(3) In the capacity as Deputy National Intelligence Director for
Homeland Intelligence, the Deputy Director shall--
(A) have the duties and responsibilities specified in
subsection (e) with respect to the elements of the intelligence
community (as determined by the National Intelligence Director)
that are responsible for homeland intelligence matters; and
(B) such other duties, responsibilities, and authorities
with respect to homeland intelligence as the Director may
assign.
(e) Duties and Responsibilities Regarding Specific Intelligence
Matters.--Each Deputy National Intelligence Director shall assist the
National Intelligence Director and the Deputy National Intelligence
Director under subsection (a) in--
(1) managing the collection, analysis, production, and
dissemination of intelligence in accordance with the standards,
requirements, and priorities established by the National
Intelligence Director;
(2) ensuring the acquisition of collection systems in
accordance with the standards, requirements, and priorities
established by the National Intelligence Director;
(3) setting standards, requirements, and priorities for the
hiring and training of personnel;
(4) assigning or detailing personnel as staff of the
national intelligence centers;
(5) overseeing the performance of the national intelligence
centers, subject to the direction of the National Intelligence
Director;
(6) ensuring that the intelligence community makes better
use of open source information and analysis; and
(7) coordinating among the agencies, elements, and
components of the intelligence community.
SEC. 115. NATIONAL INTELLIGENCE COUNCIL.
(a) National Intelligence Council.--There is a National
Intelligence Council.
(b) Composition.--(1) The National Intelligence Council shall be
composed of senior analysts within the intelligence community and
substantive experts from the public and private sector, who shall be
appointed by, report to, and serve at the pleasure of, the National
Intelligence Director.
(2) The Director shall prescribe appropriate security requirements
for personnel appointed from the private sector as a condition of
service on the Council, or as contractors of the Council or employees
of such contractors, to ensure the protection of intelligence sources
and methods while avoiding, wherever possible, unduly intrusive
requirements which the Director considers to be unnecessary for this
purpose.
(c) Duties and Responsibilities.--(1) The National Intelligence
Council shall--
(A) subject to paragraph (2), produce national intelligence
estimates for the United States Government, including, whenever
the Council considers appropriate, alternative views held by
elements of the intelligence community;
(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the requirements
and resources of such collection and production; and
(C) otherwise assist the National Intelligence Director in
carrying out the responsibilities of the Director under section
131.
(2) The National Intelligence Director shall ensure that the
Council satisfies the needs of policymakers and other consumers of
intelligence by ensuring that each national intelligence estimate under
paragraph (1)--
(A) states separately, and distinguishes between, the
intelligence underlying such estimate and the assumptions and
judgments of analysts with respect to such intelligence and
such estimate;
(B) describes the quality and reliability of the
intelligence underlying such estimate;
(C) presents and explains alternative conclusions, if any,
with respect to the intelligence underlying such estimate and
such estimate; and
(D) characterizes the uncertainties, if any, and confidence
in such estimate.
(d) Service as Senior Intelligence Advisers.--Within their
respective areas of expertise and under the direction of the National
Intelligence Director, the members of the National Intelligence Council
shall constitute the senior intelligence advisers of the intelligence
community for purposes of representing the views of the intelligence
community within the United States Government.
(e)Authority To Contract.--Subject to the direction and control of
the National Intelligence Director, the National Intelligence Council
may carry out its responsibilities under this section by contract,
including contracts for substantive experts necessary to assist the
Council with particular assessments under this section.
(f) Staff.--The National Intelligence Director shall make available
to the National Intelligence Council such staff as may be necessary to
permit the Council to carry out its responsibilities under this
section.
(g) Availability of Council and Staff.--(1) The National
Intelligence Director shall take appropriate measures to ensure that
the National Intelligence Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
(h) Support.--The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the National Intelligence Director.
SEC. 116. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) General Counsel of National Intelligence Authority.--There is a
General Counsel of the National Intelligence Authority who shall be
appointed from civilian life by the President, by and with the advice
and consent of the Senate.
(b) Prohibition on Dual Service as General Counsel of Another
Agency.--The individual serving in the position of General Counsel of
the National Intelligence Authority may not, while so serving, also
serve as the General Counsel of any other department, agency, or
element of the United States Government.
(c) Scope of Position.--The General Counsel of the National
Intelligence Authority is the chief legal officer of the National
Intelligence Authority.
(d) Functions.--The General Counsel of the National Intelligence
Authority shall perform such functions as the National Intelligence
Director may prescribe.
SEC. 117. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Office of Inspector General of National Intelligence
Authority.--There is an Office of the Inspector General of the National
Intelligence Authority.
(b) Purpose.--The purpose of the Office of the Inspector General of
the National Intelligence Authority is to--
(1) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct independently
investigations, inspections, and audits relating to--
(A) the programs and operations of the National
Intelligence Authority;
(B) the relationships among the elements of the
intelligence community within the National Intelligence
Program; and
(C) the relationship of the Authority with the
other elements of the intelligence community;
(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and in the
relationships described in paragraph (1), and to detect fraud
and abuse in such programs, operations, and relationships;
(3) provide a means for keeping the National Intelligence
Director fully and currently informed about problems and
deficiencies relating to the administration of such programs
and operations, and in such relationships, and the necessity
for, and the progress of, corrective actions; and
(4) in the manner prescribed by this section, ensure that
the congressional intelligence committees are kept similarly
informed of significant problems and deficiencies relating to
the administration of such programs and operations, and in such
relationships, as well as the necessity for, and the progress
of, corrective actions.
(c) Inspector General of National Intelligence Authority.--(1)
There is an Inspector General of the National Intelligence Authority,
who shall be the head of the Office of the Inspector General of the
National Intelligence Authority, who shall be appointed from civilian
life by the President, by and with the advice and consent of the
Senate.
(2) The nomination of an individual for appointment as Inspector
General shall be made--
(A) without regard to political affiliation;
(B) solely on the basis of integrity, compliance with the
security standards of the National Intelligence Authority, and
prior experience in the field of intelligence or national
security; and
(C) on the basis of demonstrated ability in accounting,
financial analysis, law, management analysis, public
administration, or auditing.
(3) The Inspector General shall report directly to and be under the
general supervision of the National Intelligence Director.
(4) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing to
the congressional intelligence committees the reasons for the removal
of any individual from the position of Inspector General.
(d) Duties and Responsibilities.--It shall be the duty and
responsibility of the Inspector General of the National Intelligence
Authority--
(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the investigations,
inspections, and audits relating to the programs and operations
of the National Intelligence Authority, and in the
relationships among the elements of the intelligence community
within the National Intelligence Program, to ensure they are
conducted efficiently and in accordance with applicable law and
regulations;
(2) to keep the National Intelligence Director fully and
currently informed concerning violations of law and
regulations, violations of civil liberties and privacy, and
fraud and other serious problems, abuses, and deficiencies that
may occur in such programs and operations, and in the
relationships described in paragraph (1), and to report the
progress made in implementing corrective action;
(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Inspector General, and, to the extent consistent with the
purpose and objective of such reports, take such measures as
may be appropriate to minimize the disclosure of intelligence
sources and methods described in such reports; and
(4) in the execution of the duties and responsibilities
under this section, to comply with generally accepted
government auditing standards.
(e) Limitations on Activities.--(1) The National Intelligence
Director may prohibit the Inspector General of the National
Intelligence Authority from initiating, carrying out, or completing any
investigation, inspection, or audit if the Director determines that
such prohibition is necessary to protect vital national security
interests of the United States.
(2) If the Director exercises the authority under paragraph (1),
the Director shall submit an appropriately classified statement of the
reasons for the exercise of such authority within seven days to the
congressional intelligence committees.
(3) The Director shall advise the Inspector General at the time a
report under paragraph (1) is submitted, and, to the extent consistent
with the protection of intelligence sources and methods, provide the
Inspector General with a copy of such report.
(4) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (3) that the Inspector General
considers appropriate.
(f) Authorities.--(1) The Inspector General of the National
Intelligence Authority shall have direct and prompt access to the
National Intelligence Director when necessary for any purpose
pertaining to the performance of the duties of the Inspector General.
(2)(A) The Inspector General shall have access to any employee, or
any employee of a contractor, of the National Intelligence Authority
whose testimony is needed for the performance of the duties of the
Inspector General.
(B) The Inspector General shall have direct access to all records,
reports, audits, reviews, documents, papers, recommendations, or other
material which relate to the programs and operations with respect to
which the Inspector General has responsibilities under this section.
(C) The level of classification or compartmentation of information
shall not, in and of itself, provide a sufficient rationale for denying
the Inspector General access to any materials under subparagraph (B).
(D) Failure on the part of any employee or contractor to cooperate
with the Inspector General shall be grounds for appropriate
administrative actions by the Director, including loss of employment or
the termination of an existing contractual relationship.
(3) The Inspector General is authorized to receive and investigate
complaints or information from any person concerning the existence of
an activity constituting a violation of laws, rules, or regulations, or
mismanagement, gross waste of funds, abuse of authority, or a
substantial and specific danger to the public health and safety. Once
such complaint or information has been received from an employee of the
Authority--
(A) the Inspector General shall not disclose the identity
of the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is
unavoidable during the course of the investigation or the
disclosure is made to an official of the Department of Justice
responsible for determining whether a prosecution should be
undertaken; and
(B) no action constituting a reprisal, or threat of
reprisal, for making such complaint or disclosing such
information may be taken by any employee of the Authority in a
position to take such actions, unless such complaint was made
or such information was disclosed with the knowledge that it
was false or with willful disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer to or
take from any person an oath, affirmation, or affidavit, whenever
necessary in the performance of the duties of the Inspector General,
which oath, affirmation, or affidavit when administered or taken by or
before an employee of the Office of the Inspector General of the
National Intelligence Authority designated by the Inspector General
shall have the same force and effect as if administered or taken by or
before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts, papers,
and other data and documentary evidence necessary in the performance of
the duties and responsibilities of the Inspector General.
(B) In the case of departments, agencies, and other elements of the
United States Government, the Inspector General shall obtain
information, documents, reports, answers, records, accounts, papers,
and other data and evidence for the purpose specified in subparagraph
(A) using procedures other than by subpoenas.
(C) The Inspector General may not issue a subpoena for or on behalf
of any other element or component of the Authority.
(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of any
appropriate district court of the United States.
(g) Staff and Other Support.--(1) The Inspector General of the
National Intelligence Authority shall be provided with appropriate and
adequate office space at central and field office locations, together
with such equipment, office supplies, maintenance services, and
communications facilities and services as may be necessary for the
operation of such offices.
(2)(A) Subject to applicable law and the policies of the National
Intelligence Director, the Inspector General shall select, appoint and
employ such officers and employees as may be necessary to carry out the
functions of the Inspector General.
(B) In making selections under subparagraph (A), the Inspector
General shall ensure that such officers and employees have the
requisite training and experience to enable the Inspector General to
carry out the duties of the Inspector General effectively.
(C) In meeting the requirements of this paragraph, the Inspector
General shall create within the Office of the Inspector General of the
National Intelligence Authority a career cadre of sufficient size to
provide appropriate continuity and objectivity needed for the effective
performance of the duties of the Inspector General.
(3)(A) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be necessary
for carrying out the duties and responsibilities of the Inspector
General from any department, agency, or other element of the United
States Government.
(B) Upon request of the Inspector General for information or
assistance under subparagraph (A), the head of the department, agency,
or element concerned shall, insofar as is practicable and not in
contravention of any existing statutory restriction or regulation of
the department, agency, or element, furnish to the Inspector General,
or to an authorized designee, such information or assistance.
(h) Reports.--(1)(A) The Inspector General of the National
Intelligence Authority shall, not later than January 31 and July 31 of
each year, prepare and submit to the National Intelligence Director a
classified semiannual report summarizing the activities of the Office
of the Inspector General of the National Intelligence Authority during
the immediately preceding six-month periods ending December 31 (of the
preceding year) and June 30, respectively.
(B) Each report under this paragraph shall include, at a minimum,
the following:
(i) A list of the title or subject of each investigation,
inspection, or audit conducted during the period covered by
such report.
(ii) A description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the National Intelligence Authority identified by
the Inspector General during the period covered by such report.
(iii) A description of the recommendations for corrective
action made by the Inspector General during the period covered
by such report with respect to significant problems, abuses, or
deficiencies identified in clause (ii).
(iv) A statement whether or not corrective action has been
completed on each significant recommendation described in
previous semiannual reports, and, in a case where corrective
action has been completed, a description of such corrective
action.
(v) An assessment of the effectiveness of all measures in
place in the Authority for the protection of civil liberties
and privacy of United States persons.
(vi) A certification whether or not the Inspector General
has had full and direct access to all information relevant to
the performance of the functions of the Inspector General.
(vii) A description of the exercise of the subpoena
authority under subsection (f)(5) by the Inspector General
during the period covered by such report.
(viii) Such recommendations as the Inspector General
considers appropriate for legislation to promote economy and
efficiency in the administration of programs and operations
undertaken by the Authority, and to detect and eliminate fraud
and abuse in such programs and operations.
(C) Not later than 30 days after the date of the submittal of a
report under subparagraph (A), the Director shall transmit the report
to the congressional intelligence committees together with any comments
the Director considers appropriate.
(2)(A) The Inspector General shall report immediately to the
Director whenever the Inspector General becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations of the Authority or regarding
relationships among the elements of the intelligence community within
the National Intelligence Program.
(B) The Director shall transmit to the congressional intelligence
committees each report under subparagraph (A) within seven calendar
days of receipt of such report, together with such comments as the
Director considers appropriate.
(3) In the event that--
(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the
duties or responsibilities of the Inspector General;
(B) an investigation, inspection, or audit carried out by
the Inspector General should focus on any current or former
Authority official who holds or held a position in the
Authority that is subject to appointment by the President, by
and with the advice and consent of the Senate, including such a
position held on an acting basis;
(C) a matter requires a report by the Inspector General to
the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of
possible criminal conduct of any current or former official
described in subparagraph (B); or
(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report on
such matter to the congressional intelligence committees.
(4) Pursuant to title V of the National Security Act of 1947 (50
U.S.C. 413 et seq.), the Director shall submit to the congressional
intelligence committees any report or findings and recommendations of
an investigation, inspection, or audit conducted by the office which
has been requested by the Chairman or Ranking Minority Member of either
committee.
(5)(A) An employee of the Authority, or of a contractor to the
Authority, who intends to report to Congress a complaint or information
with respect to an urgent concern may report such complaint or
information to the Inspector General.
(B) Not later than the end of the 14-calendar day period beginning
on the date of receipt from an employee of a complaint or information
under subparagraph (A), the Inspector General shall determine whether
the complaint or information appears credible. Upon making such a
determination, the Inspector General shall transmit to the Director a
notice of that determination, together with the complaint or
information.
(C) Upon receipt of a transmittal from the Inspector General under
subparagraph (B), the Director shall, within seven calendar days of
such receipt, forward such transmittal to the congressional
intelligence committees, together with any comments the Director
considers appropriate.
(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information to
the Director in accurate form under subparagraph (B), the employee
(subject to clause (ii)) may submit the complaint or information to
Congress by contacting either or both of the congressional intelligence
committees directly.
(ii) An employee may contact the intelligence committees directly
as described in clause (i) only if the employee--
(I) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact the congressional intelligence
committees directly; and
(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
(iii) A member or employee of one of the congressional intelligence
committees who receives a complaint or information under clause (i)
does so in that member or employee's official capacity as a member or
employee of such committee.
(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this paragraph
of each action taken under this paragraph with respect to the complaint
or information. Such notice shall be provided not later than three days
after any such action is taken.
(F) An action taken by the Director or the Inspector General under
this paragraph shall not be subject to judicial review.
(G) In this paragraph, the term ``urgent concern'' means any of the
following:
(i) A serious or flagrant problem, abuse, violation of law
or Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material fact
relating to the funding, administration, or operation of an
intelligence activity.
(iii) An action, including a personnel action described in
section 2302(a)(2)(A) of title 5, United States Code,
constituting reprisal or threat of reprisal prohibited under
subsection (f)(3)(B) of this section in response to an
employee's reporting an urgent concern in accordance with this
paragraph.
(6) In accordance with section 535 of title 28, United States Code,
the Inspector General shall report to the Attorney General any
information, allegation, or complaint received by the Inspector General
relating to violations of Federal criminal law that involve a program
or operation of the Authority, consistent with such guidelines as may
be issued by the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to the Director.
(i) Separate Budget Account.--The National Intelligence Director
shall, in accordance with procedures to be issued by the Director in
consultation with the congressional intelligence committees, include in
the National Intelligence Program budget a separate account for the
Office of Inspector General of the National Intelligence Authority.
SEC. 118. INTELLIGENCE COMPTROLLER.
(a) Intelligence Comptroller.--There is an Intelligence Comptroller
who shall be appointed from civilian life by the National Intelligence
Director.
(b) Supervision.--The Intelligence Comptroller shall report
directly to the National Intelligence Director.
(c) Duties.--The Intelligence Comptroller shall--
(1) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of the
intelligence community within the National Intelligence
Program;
(2) assist the Director in participating in the development
by the Secretary of Defense of the annual budget for military
intelligence programs and activities outside the National
Intelligence Program;
(3) provide unfettered access to the Director to financial
information under the National Intelligence Program;
(4) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 119. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL
INTELLIGENCE AUTHORITY.
(a) Officer for Civil Rights and Civil Liberties of National
Intelligence Authority.--There is an Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority who shall be appointed
by the National Intelligence Director.
(b) Supervision.--The Officer for Civil Rights and Civil Liberties
of the National Intelligence Authority shall report directly to the
National Intelligence Director.
(c) Duties.--The Officer for Civil Rights and Civil Liberties of
the National Intelligence Authority shall--
(1) assist the National Intelligence Director in ensuring
that the protection of civil rights and civil liberties is
appropriately incorporated in the policies and procedures
developed for and implemented by the National Intelligence
Authority and in the relationships among the elements of the
intelligence community within the National Intelligence
Program;
(2) oversee compliance by the Authority, and in the
relationships described in paragraph (1), with requirements
under the Constitution and all laws, regulations, Executive
orders, and implementing guidelines relating to civil rights
and civil liberties;
(3) review, investigate, and assess complaints and other
information indicating possible abuses of civil rights or civil
liberties in the administration of the programs and operations
of the Authority, and in the relationships described in
paragraph (1), unless, in the determination of the Inspector
General of the National Intelligence Authority, the review,
investigation, or assessment of a particular complaint or
information can better be conducted by the Inspector General;
and
(4) perform such other duties as may be prescribed by the
Director or specified by law.
SEC. 120. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) Privacy Officer of National Intelligence Authority.--There is a
Privacy Officer of the National Intelligence Authority who shall be
appointed by the National Intelligence Director.
(b) Duties.--The Privacy Officer of the National Intelligence
Authority shall have primary responsibility for the privacy policy of
the National Intelligence Authority, including--
(1) assuring that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,
and disclosure of personal information;
(2) assuring that personal information contained in Privacy
Act systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974;
(3) conducting privacy impact assessments when appropriate
or as required by law; and
(4) performing such other duties as may be prescribed by
the Director or specified by law.
SEC. 121. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE
AUTHORITY.
(a) Chief Information Officer of National Intelligence Authority.--
There is a Chief Information Officer of the National Intelligence
Authority who shall be appointed by the National Intelligence Director.
(b) Duties.--The Chief Information Officer of the National
Intelligence Authority shall--
(1) assist the National Intelligence Director in developing
and implementing an integrated information technology network,
as required by section 132(a)(14);
(2) develop an enterprise architecture for the intelligence
community and assist the Director in ensuring that elements of
the intelligence community comply with such architecture;
(3) ensure that the elements of the intelligence community
have direct and continuous electronic access to all information
(including unevaluated intelligence) necessary for
appropriately cleared analysts to conduct comprehensive all-
source analysis and for appropriately cleared policymakers to
perform their duties;
(4) review and provide recommendations to the Director on
National Intelligence Program budget requests for information
technology and national security systems;
(5) assist the Director in promulgating and enforcing
standards on information technology and national security
systems that apply throughout the intelligence community;
(6) provide for the elimination of duplicate information
technology and national security systems within and between the
elements of the intelligence community; and
(7) perform such other duties with respect to the
information systems and information technology of the National
Intelligence Authority as may be prescribed by the Director or
specified by law.
Subtitle B--Responsibilities and Authorities of National Intelligence
Director
SEC. 131. PROVISION OF NATIONAL INTELLIGENCE.
(a) In General.--Under the direction of the National Security
Council, the National Intelligence Director shall be responsible for
providing national intelligence--
(1) to the President;
(2) to the heads of other departments and agencies of the
executive branch;
(3) to the Chairman of the Joint Chiefs of Staff and senior
military commanders; and
(4) where appropriate, to the Senate and House of
Representatives and the committees thereof.
(b) National Intelligence.--Such national intelligence should be
timely, objective, independent of political considerations, and based
upon all sources available to the intelligence community.
SEC. 132. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) In General.--The National Intelligence Director shall--
(1) develop and present to the President on an annual basis
a unified budget for the intelligence and intelligence-related
activities of the United States Government;
(2) ensure a unified budget for the intelligence and
intelligence-related activities of the United States Government
that reflects an appropriate balance among the varieties of
technical and human intelligence methods and analysis;
(3) direct and manage the tasking of collection, analysis,
and dissemination of national intelligence by elements of the
intelligence community, including the establishment of
requirements and priorities of such tasking;
(4) approve collection and analysis requirements, determine
collection and analysis priorities, and resolve conflicts in
collection and analysis priorities levied on national
intelligence collection and analysis assets;
(5) establish and oversee the National Counterterrorism
Center under section 141 and the national intelligence centers
under section 142;
(6) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
and provide assistance to the Attorney General to ensure that
information derived from electronic surveillance or physical
searches under that Act is disseminated so it may be used
efficiently and effectively for foreign intelligence purposes,
except that the Director shall have no authority to direct,
manage, or undertake electronic surveillance or physical search
operations pursuant to that Act unless otherwise authorized by
statute or Executive order;
(7) develop and implement, in consultation with the heads
of the other elements of the intelligence community, personnel
policies and programs applicable to the intelligence community
that--
(A) facilitate assignments and details of personnel
to the National Counterterrorism Center under section
141, to national intelligence centers under section
142, and across agency lines;
(B) set standards for education and training;
(C) ensure that the personnel of the intelligence
community is sufficiently diverse for purposes of the
collection and analysis of intelligence by ensuring the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and
linguistic backgrounds;
(D) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify;
(E) ensure the effective management and authority
of intelligence community personnel who are responsible
for intelligence community-wide matters; and
(F) include the enhancements required under section
134;
(8) promote and evaluate the utility of national
intelligence to consumers within the United States Government;
(9) ensure that appropriate officials of the United States
Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(10) protect intelligence sources and methods from
unauthorized disclosure;
(11) establish requirements and procedures for the
classification of information and for access to classified
information;
(12) establish requirements and procedures for the
dissemination of classified information by elements of the
intelligence community;
(13) establish information sharing and intelligence
reporting guidelines that maximize the dissemination of
information while protecting intelligence sources and methods;
(14) develop, in consultation with the heads of appropriate
departments and agencies of the United States Government, an
integrated information technology network that provides for the
efficient and secure exchange of intelligence information among
all elements of the intelligence community and such other
entities and persons as the Director considers appropriate;
(15) ensure compliance by the elements of the intelligence
community with the Constitution and all laws, regulations,
Executive orders, and implementing guidelines of the United
States, including all laws, regulations, Executive orders, and
implementing guidelines relating to the protection of civil
liberties and privacy of United States persons;
(16) eliminate waste and unnecessary duplication within the
intelligence community; and
(17) perform such other functions as the President may
direct.
(b) Uniform Procedures for Sensitive Compartmented Information.--
The President, acting through the National Intelligence Director,
shall--
(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any
officer or employee of any department, agency, or element of
the United States Government, and to employees of contractors
of such departments, agencies, and elements;
(2) ensure the consistent implementation of such standards
and procedures throughout the departments, agencies, and
elements of the United States Government; and
(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by such elements.
SEC. 133. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) Access to Intelligence.--To the extent approved by the
President, the National Intelligence Director shall have access to all
intelligence related to the national security which is collected by any
department, agency, or other element of the United States Government.
(b) Determination of Budgets for NIP and Other Intelligence
Activities.--The National Intelligence Director shall determine the
annual budget for intelligence and intelligence-related activities of
the United States Government by--
(1) developing and presenting to the President an annual
budget for the National Intelligence Program, including, in
furtherance of such budget, the review, modification, and
approval of budgets of the elements of the intelligence
community within the National Intelligence Program utilizing
the budget authorities in subsection (d)(1);
(2) providing guidance on the development of annual budgets
for such elements of the intelligence community as are not
within the National Intelligence Program utilizing the budget
authorities in subsection (d)(2);
(3) participating in the development by the Secretary of
Defense of the annual budget for military intelligence programs
and activities outside the National Intelligence Program;
(4) having direct jurisdiction of amounts appropriated or
otherwise made available for the National Intelligence Program
as specified in subsection (e); and
(5) managing and overseeing the execution, and, if
necessary, the modification of the annual budget for the
National Intelligence Program, including directing the
reprogramming and reallocation of funds, and the transfer of
personnel, among and between elements of the intelligence
community within the National Intelligence Program utilizing
the authorities in subsections (f) and (g).
(c) Scope of NIP and JMIP.--The National Intelligence Director and
the Secretary of Defense shall jointly review the programs, projects,
and activities under the Joint Military Intelligence Program in order
to identify the programs, projects, and activities within the Joint
Military Intelligence Program as of the date of the enactment of this
Act that pertain to national intelligence. Any programs, projects, and
activities so identified are to be carried out instead within the
National Intelligence Program.
(d) Budget Authorities.--(1)(A) The National Intelligence Director
shall direct, coordinate, prepare, modify, and present to the President
the annual budgets of the elements of the intelligence community within
the National Intelligence Program, in consultation with the heads of
those elements.
(B) The budget of an element of the intelligence community within
the National Intelligence Program may not be provided to the President
for transmission to Congress unless the Director has approved such
budget.
(2)(A) The Director shall provide guidance for the development of
the annual budgets for such elements of the intelligence community as
are not within the National Intelligence Program;
(B) The heads of the elements of the intelligence community
referred to in subparagraph (A) shall coordinate closely with the
Director in the development of the budgets of such elements, before the
submission of their recommendations on such budgets to the President.
(e) Jurisdiction of Funds Under NIP.--Notwithstanding any other
provision of law and consistent with section 504 of the National
Security Act of 1947 (50 U.S.C. 414), any amounts appropriated or
otherwise made available for the National Intelligence Program shall be
appropriated to, and under the direct jurisdiction of, the National
Intelligence Director.
(f) Role in Reprogramming.--(1) No funds made available under the
National Intelligence Program may be reprogrammed by any element of the
intelligence community within the National Intelligence Program without
the prior approval of the National Intelligence Director except in
accordance with procedures issued by the Director.
(2) The Director shall consult with the appropriate committees of
Congress regarding modifications of existing procedures to expedite the
reprogramming of funds within the National Intelligence Program.
(g) Transfer of Funds or Personnel Within National Intelligence
Program.--(1)(A) In addition to any other authorities available under
law for such purposes, the National Intelligence Director, with the
approval of the Director of the Office of Management and Budget, may
transfer funds appropriated for a program within the National
Intelligence Program to another such program and, in accordance with
procedures to be developed by the National Intelligence Director and
the heads of the departments and agencies concerned, may transfer
personnel authorized for an element of the intelligence community to
another such element.
(B) The National Intelligence Director may delegate a duty of the
Director under this subsection only to the Deputy National Intelligence
Director.
(2) A transfer of funds or personnel may be made under this
subsection only if--
(A) the funds or personnel are being transferred to an
activity that is a higher priority intelligence activity;
(B) the need for funds or personnel for such activity is
based on unforeseen requirements; and
(C) the transfer does not involve a transfer of funds to
the Reserve for Contingencies of the Central Intelligence
Agency.
(3) Funds transferred under this subsection shall remain available
for the same period as the appropriations account to which transferred.
(4) Any transfer of funds under this subsection shall be carried
out in accordance with existing procedures applicable to reprogramming
notifications for the appropriate congressional committees. Any
proposed transfer for which notice is given to the appropriate
congressional committees shall be accompanied by a report explaining
the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the congressional
intelligence committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification
under procedures in effect as of October 24, 1992.
(5) The National Intelligence Director shall promptly submit to the
congressional intelligence committees and, in the case of the transfer
of personnel to or from the Department of Defense, the Committee on
Armed Services of the Senate and the Committee on Armed Services of the
House of Representatives, a report on any transfer of personnel made
pursuant to this subsection. The Director shall include in any such
report an explanation of the nature of the transfer and how it
satisfies the requirements of this subsection.
SEC. 134. ENHANCED PERSONNEL MANAGEMENT.
(a) Rewards for Service in Certain Positions.--(1) The National
Intelligence Director shall, under regulations prescribed by the
Director, provide incentives for service on the staff of the national
intelligence centers, on the staff of the National Counterterrorism
Center, and in other positions in support of the intelligence community
management functions of the Director.
(2) Incentives under paragraph (1) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
(b) Enhanced Promotion for Service Under NID.--(1) Notwithstanding
any other provision of law, the personnel of an element of the
intelligence community who are assigned or detailed to service under
the National Intelligence Director shall be promoted at rates
equivalent to or better than personnel of such element who are not so
assigned or detailed.
(2) The Director may prescribe regulations to carry out this
section.
(c) Joint Career Matters.--(1) In carrying out section 132(a)(7),
the National Intelligence Director shall prescribe mechanisms to
facilitate the rotation of personnel of the intelligence community
through various elements of the intelligence community in the course of
their careers in order to facilitate the widest possible understanding
by such personnel of the variety of intelligence requirements, methods,
and disciplines.
(2) The mechanisms prescribed under paragraph (1) may include the
following:
(A) The establishment of special occupational categories
involving service, over the course of a career, in more than
one element of the intelligence community.
(B) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two
or more elements of the intelligence community.
(C) The establishment of requirements for education,
training, service, and evaluation that involve service in more
than one element of the intelligence community.
(3) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to
duplicate within the intelligence community the joint officer
management policies established by the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (Public Law 99-433) and the
amendments on joint officer management made by that Act.
SEC. 135. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN APPOINTMENT AND
TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE FOR
INTELLIGENCE-RELATED ACTIVITIES.
(a) Recommendation of NID in Certain Appointments.--(1) In the
event of a vacancy in a position referred to in paragraph (3), the
National Intelligence Director shall recommend to the President an
individual for nomination to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Deputy National Intelligence Director.
(B) The Deputy National Intelligence Director for Foreign
Intelligence.
(b) Concurrence of Secretary of Defense in Certain Appointments
Recommended by NID.--(1) In the event of a vacancy in a position
referred to in paragraph (2), the National Intelligence Director shall
obtain the concurrence of the Secretary of Defense before recommending
to the President an individual for nomination to fill such vacancy. If
the Secretary does not concur in the recommendation, the Director may
make the recommendation to the President without the concurrence of the
Secretary, but shall include in the recommendation a statement that the
Secretary does not concur in the recommendation.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance Office.
(C) The Director of the National Geospatial-Intelligence
Agency.
(c) Concurrence of NID in Certain Appointments.--(1) In the event
of a vacancy in a position referred to in paragraph (2), the head of
the department or agency having jurisdiction over the position shall
obtain the concurrence of the National Intelligence Director before
appointing an individual to fill the vacancy or recommending to the
President an individual to be nominated to fill the vacancy. If the
Director does not concur in the recommendation, the head of the
department or agency concerned may fill the vacancy or make the
recommendation to the President (as the case may be) without the
concurrence of the Director, but shall notify the President that the
Director does not concur in appointment or recommendation (as the case
may be).
(2) Paragraph (1) applies to the following positions:
(A) The Under Secretary of Defense for Intelligence.
(B) The Under Secretary of Homeland Security for
Information Analysis and Infrastructure Protection.
(C) The Director of the Defense Intelligence Agency.
(D) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation.
(d) Recommendation of NID in Termination of Service.--The National
Intelligence Director may recommend to the President or the head of the
department or agency concerned the termination of service of any
individual serving in any position covered by this section.
Subtitle C--Elements of National Intelligence Authority
SEC. 141. NATIONAL COUNTERTERRORISM CENTER.
(a) National Counterterrorism Center.--There is within the National
Intelligence Authority a National Counterterrorism Center.
(b) Director of National Counterterrorism Center.--(1) There is a
Director of the National Counterterrorism Center, who shall be the head
of the National Counterterrorism Center, who shall be appointed from
civilian life by the President, by and with the advice and consent of
the Senate.
(2) Any individual nominated for appointment as the Director of the
National Counterterrorism Center shall have significant expertise in
matters relating to the national security of the United States and
matters relating to terrorism that threatens the national security of
the United States.
(c) Supervision.--(1) The Director of the National Counterterrorism
Center shall report to the National Intelligence Director on--
(A) the budget and programs of the National
Counterterrorism Center;
(B) the activities of the Directorate of Intelligence of
the National Counterterrorism Center under subsection (f); and
(C) the conduct of intelligence operations implemented by
other elements of the intelligence community.
(2) The Director of the National Counterterrorism Center shall
report directly to the President and the National Security Council on
the planning and progress of joint counterterrorism operations (other
than intelligence operations).
(d) Primary Missions.--The primary missions of the National
Counterterrorism Center shall be as follows:
(1) To unify strategy for the civilian and military
counterterrorism efforts of the United States Government.
(2) To effectively integrate counterterrorism intelligence
and operations across agency boundaries, both inside and
outside the United States.
(e) Duties and Responsibilities of Director.--Notwithstanding any
other provision of law, at the direction of the President and the
National Security Council, the Director of the National
Counterterrorism Center shall--
(1) serve, through the National Intelligence Director, as
the principal adviser to the President on intelligence
operations relating to counterterrorism;
(2) provide unified strategic direction for the civilian
and military counterterrorism efforts of the United States
Government and for the effective integration of
counterterrorism intelligence and operations across agency
boundaries, both inside and outside the United States;
(3) advise the President and the National Intelligence
Director on the extent to which the counterterrorism program
recommendations and budget proposals of the departments,
agencies, and elements of the United States Government conform
to the priorities established by the President and the National
Security Council;
(4) concur in, or advise the President on, the selections
of personnel to head the operating entities of the United
States Government with principal missions relating to
counterterrorism, including the head of the Central
Intelligence Agency's Counterterrorist Center, the head of the
Counterterrorism Division of the Federal Bureau of
Investigation, the coordinator for counterterrorism of the
Department of State, and the commanders of the Special
Operations Command and the Northern Command within the
Department of Defense; and
(5) perform such other duties as the National Intelligence
Director may prescribe or are prescribed by law.
(f) Directorate of Intelligence.--(1) The Director of the National
Counterterrorism Center shall establish and maintain within the
National Counterterrorism Center a Directorate of Intelligence.
(2) The Directorate shall utilize the capabilities of the Terrorist
Threat Integration Center (TTIC) transferred to the Directorate by
section 182 and such other capabilities as the Director of the National
Counterterrorism Center considers appropriate.
(3) The Directorate shall have primary responsibility within the
United States Government for analysis of terrorism and terrorist
organizations from all sources of intelligence, whether collected
inside or outside the United States.
(4) The Directorate shall--
(A) be the principal repository within the United States
Government for all-source information on suspected terrorists,
their organizations, and their capabilities;
(B) propose intelligence collection requirements for action
by elements of the intelligence community inside and outside
the United States;
(C) have primary responsibility within the United States
Government for net assessments and warnings about terrorist
threats, which assessments and warnings shall be based on a
comparison of terrorist capabilities with assessed national
vulnerabilities; and
(D) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(g) Directorate of Operations.--(1) The Director of the National
Counterterrorism Center shall establish and maintain within the
National Counterterrorism Center a Directorate of Operations.
(2)(A) The Directorate shall have primary responsibility within the
United States Government for providing guidance and plans, including
strategic plans, for joint counterterrorism operations conducted by the
United States Government.
(B) For purposes of subparagraph (A), joint counterterrorism
operations are counterterrorism operations that--
(i) involve, or are likely to involve, more than one
executive agency of the United States Government (including the
Armed Forces of the United States); or
(ii) are designated as joint operations by the Director of
the National Counterterrorism Center.
(3) The Directorate shall--
(A) provide guidance, and develop strategy and plans for
operations, to counter terrorist activities based on policy
objectives and priorities established by the National Security
Council;
(B) develop plans under subparagraph (A) utilizing input
from personnel in other departments, agencies, and elements of
the United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and
operations of such departments, agencies, and elements with
respect to counterterrorism;
(C) assign responsibilities for counterterrorism operations
to the departments, agencies, and elements of the United States
Government (including the Department of Defense and the Armed
Forces, the Central Intelligence Agency, the Federal Bureau of
Investigation, the Department of Homeland Security, and other
departments, agencies, and elements of the United States
Government), consistent with the authorities of such
departments, agencies, and elements, which operations shall be
conducted by the department, agency, or element to which
assigned and, in the case of operations assigned to units of
the Armed Forces, shall require the concurrence of the
Secretary of Defense;
(D) monitor the implementation of operations assigned under
subparagraph (C) and update plans for such operations as
necessary;
(E) report to the President and the National Intelligence
Director on the compliance of the departments, agencies, and
elements of the United States with the plans developed under
subparagraph (A); and
(F) perform such other duties and functions as the Director
of the National Counterterrorism Center may prescribe.
(4) The Directorate may not direct the execution of operations
assigned under paragraph (3).
(h) Staff.--(1) The Director of the National Counterterrorism
Center may, in the discretion of the Director, appoint deputy directors
of the National Counterterrorism Center to oversee such portions of the
operations of the National Counterterrorism Center as the Director
considers appropriate.
(2) To assist the Director of the National Counterterrorism Center
in fulfilling the duties and responsibilities of the Director under
this section, the Director shall employ and utilize in the National
Counterterrorism Center a professional staff having an expertise in
matters relating to such duties and responsibilities.
(3) In providing for a professional staff for the National
Counterterrorism Center under paragraph (2), the Director of the
National Counterterrorism Center may establish as positions in the
excepted service such positions in the Center as the Director considers
appropriate.
(4) The Director of the National Counterterrorism Center shall
ensure, with the approval of the National Intelligence Director, that
the analytical staff of the National Counterterrorism Center is
comprised primarily of experts from elements in the intelligence
community and from such other personnel in the United States Government
as the Director of the National Counterterrorism Center considers
appropriate.
(5)(A) In order to meet the requirement in paragraph (4), the
National Intelligence Director shall--
(i) transfer to the staff of the National Counterterrorism
Center any personnel of another element of the intelligence
community that the National Intelligence Director considers
appropriate; and
(ii) in the case of personnel from a department, agency, or
element of the United States Government outside the
intelligence community, request the transfer of such personnel
from the department, agency, or element concerned.
(B) The head of a department, agency, or element of the United
States Government receiving a request for the transfer of personnel
under subparagraph (A)(ii) shall, to the extent practicable, approve
the request.
(6) The National Intelligence Director shall ensure that the staff
of the National Counterterrorism Center has access to all databases
maintained by the elements of the intelligence community that are
relevant to the duties of the Center.
(7) The Director of the National Counterterrorism Center shall
evaluate the staff of the National Counterterrorism Center in the
performance of their duties.
(i) Support and Cooperation of Other Agencies.--(1) The elements of
the intelligence community and the other departments, agencies, and
elements of the United States Government shall support, assist, and
cooperate with the National Counterterrorism Center in carrying out its
missions under this section.
(2) The support, assistance, and cooperation of a department,
agency, or element of the United States Government under this
subsection shall include, but not be limited to--
(A) the implementation of plans for operations, whether
foreign or domestic, that are developed by the National
Counterterrorism Center in a manner consistent with the laws
and regulations of the United States;
(B) cooperative work with the Director of the National
Counterterrorism Center to ensure that ongoing operations of
such department, agency, or element do not conflict with joint
operations planned by the Center;
(C) reports, upon request, to the Director of the National
Counterterrorism Center on the progress of such department,
agency, or element in implementing responsibilities assigned to
such department, agency, or element through joint operations
plans; and
(D) the provision to the analysts of the National
Counterterrorism Center electronic access in real time to
information and intelligence collected by such department,
agency, or element that is relevant to the mission of the
Center.
(3)(A) In the event of a disagreement between the National
Counterterrorism Center and the head of a department, agency, or
element of the United States Government on a plan developed or
responsibility assigned by the Center under this section, the Director
of the National Counterterrorism Center shall notify the National
Security Council of the disagreement.
(B) The National Security Council shall resolve each disagreement
of which the Council is notified under subparagraph (A).
SEC. 142. NATIONAL INTELLIGENCE CENTERS.
(a) National Intelligence Centers.--(1) The National Intelligence
Director shall establish within the National Intelligence Authority
centers (to be known as ``national intelligence centers'') to address
intelligence priorities established by the National Security Council.
(2) Each national intelligence center shall be assigned an area of
intelligence responsibility, whether expressed in terms of a geographic
region, in terms of function, or in other terms.
(3) National intelligence centers shall be established at the
direction of the President, as prescribed by law, or upon the
initiative of the National Intelligence Director.
(b) Establishment of Centers.--(1) In establishing a national
intelligence center, the National Intelligence Director shall assign
lead responsibility for such center to an element of the intelligence
community selected by the Director for that purpose.
(2) The Director shall determine the structure and size of each
national intelligence center.
(3) The Director shall notify Congress of the establishment of a
national intelligence center at least 30 days before the date of the
establishment of the center.
(c) Directors of Centers.--(1) Each national intelligence center
shall have as its head a Director who shall be appointed by the
National Intelligence Director for that purpose.
(2) The Director of a national intelligence center shall serve as
the principal adviser to the National Intelligence Director on
intelligence matters with respect to the area of intelligence
responsibility assigned to the center.
(3) In carrying out duties under paragraph (3), the Director of a
national intelligence center shall--
(A) manage the operations of the center;
(B) coordinate the provision of administration and support
by the element of the intelligence community with lead
responsibility for the center under subsection (b)(1);
(C) submit budget and personnel requests for the center to
the National Intelligence Director;
(D) seek such assistance from other departments, agencies,
and elements of the United States Government as are needed to
fulfill the mission of the center; and
(E) advise the National Intelligence Director of the
information technology, personnel, and other requirements of
the center for the performance of its mission.
(4) The National Intelligence Director shall ensure that the
Director of a national intelligence center has sufficient authority,
direction, and control over the center to effectively accomplish the
mission of the center.
(d) Mission of Centers.--(1) Each national intelligence center
shall provide all-source analysis of intelligence and propose
intelligence collection requirements in the area of intelligence
responsibility assigned to the center by the National Intelligence
Director pursuant to intelligence priorities established by the
National Security Council.
(2) Within its area of intelligence responsibility, a national
intelligence center shall--
(A) have primary responsibility for strategic analysis of
intelligence, fusing all-source intelligence from foreign and
domestic sources;
(B) be the principal repository within the United States
Government for all-source information;
(C) identify and propose requirements and priorities for
intelligence collection;
(D) have primary responsibility within the United States
Government for net assessments, where applicable, and warnings;
(E) ensure that appropriate officials of the United States
Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(F) provide advice and guidance to the President, the
National Security Council, the National Intelligence Director,
and the heads of other appropriate departments, agencies, and
elements of the United States Government; and
(G) perform such other duties and responsibilities as the
National Intelligence Director may prescribe.
(e) Information Sharing.--(1) The National Intelligence Director
shall ensure that the Directors of the national intelligence centers
and the other elements of the intelligence community undertake
appropriate sharing of intelligence analysis and plans for operations
in order to facilitate the activities of the centers.
(2) In order to facilitate information sharing under paragraph (1),
the Directors of the national intelligence centers shall--
(A) report directly to the National Intelligence Director
regarding their activities under this section; and
(B) coordinate with the Deputy National Intelligence
Director regarding such activities.
(f) Termination of Centers.--(1) The National Intelligence Director
may terminate a national intelligence center if the National
Intelligence Director determines that the center is no longer required
to meet an intelligence priority established by the National Security
Council.
(2) The National Intelligence Director shall notify Congress of the
termination of a national intelligence center at least 30 days before
the date of the termination of the center.
(g) Staff of Centers.--(1) The head of an element of the
intelligence community shall assign or detail to a national
intelligence center such personnel as the National Intelligence
Director considers appropriate to carry out the mission of the center.
(2) Personnel assigned or detailed to a national intelligence
center under paragraph (1) shall be under the authority, direction, and
control of the Director of the center on all matters for which the
center has been assigned responsibility and for all matters related to
the accomplishment of the mission of the center.
(3) Performance evaluations of personnel assigned or detailed to a
national intelligence center under this subsection shall be undertaken
by the supervisors of such personnel at the center.
(4) The supervisors of the staff of a national center may, with the
approval of the National Intelligence Director, reward the staff of the
center for meritorious performance by the provision of such performance
awards as the National Intelligence Director shall prescribe.
(5) The Director of a national intelligence center may recommend to
the National Intelligence Director the reassignment to the home element
concerned of any personnel previously assigned or detailed to the
center from another element of the intelligence community.
(h) Support.--The element of the intelligence community assigned
lead responsibility for a national intelligence center under subsection
(b)(1) shall be responsible for the provision of administrative support
for the center, including the provision of funds to the center
necessary for the administration of the center.
Subtitle D--Additional Authorities of National Intelligence Authority
SEC. 151. USE OF APPROPRIATED FUNDS.
(a) Disposal of Property.--(1) If specifically authorized to
dispose of real property of the National Intelligence Authority under
any law enacted after the date of the enactment of this Act, the
National Intelligence Director shall, subject to paragraph (2),
exercise such authority in strict compliance with subchapter IV of
chapter 5 of title 40, United States Code.
(2) The Director shall deposit the proceeds of any disposal of
property of the National Intelligence Authority into the miscellaneous
receipts of the Treasury in accordance with section 3302(b) of title
31, United States Code.
(b) Gifts.--Gifts or donations of services or property of or for
the National Intelligence Authority may not be accepted, used, or
disposed of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the purposes
specified in such appropriations Act.
SEC. 152. PROCUREMENT AUTHORITIES.
(a) In General.--In the performance of its functions, the National
Intelligence Authority may exercise the authorities referred to in
section 3(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(a)).
(b) Treatment as Head of Agency.--For the purpose of the exercise
of any authority referred to in subsection (a) with respect to the
National Intelligence Authority, a reference to the head of an agency
shall be deemed to be a reference to the National Intelligence Director
or the Deputy National Intelligence Director.
(c) Determination and Decisions.--(1) Any determination or decision
to be made under an authority referred to in subsection (a) by the head
of an agency may be made with respect to individual purchases and
contracts or with respect to classes of purchases or contracts, and
shall be final.
(2) Except as provided in paragraph (3), the National Intelligence
Director or the Deputy National Intelligence Director may, in such
official's discretion, delegate to any officer or other official of the
National Intelligence Authority any authority to make a determination
or decision as the head of the agency under an authority referred to in
subsection (a).
(3) The limitations and conditions set forth in section 3(d) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d)) shall apply
to the exercise by the National Intelligence Agency of an authority
referred to in subsection (a).
(4) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the Central
Intelligence Agency Act of 1949 shall be based upon written findings
made by the official making such determination or decision, which
findings shall be final and shall be available within the National
Intelligence Authority for a period of at least six years following the
date of such determination or decision.
SEC. 153. PERSONNEL MATTERS.
(a) In General.--In addition to the authorities provided in section
134, the National Intelligence Director may exercise with respect to
the personnel of the National Intelligence Authority any authority of
the Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
Act to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
(b) Rights and Protections of Employees and Applicants.--Employees
and applicants for employment of the National Intelligence Authority
shall have the same rights and protections under the Authority as
employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of
law, as of the date of the enactment of this Act.
SEC. 154. ETHICS MATTERS.
(a) Political Service of Personnel.--Section 7323(b)(2)(B)(i) of
title 5, United States Code, is amended--
(1) in subclause (XII), by striking ``or'' at the end; and
(2) by inserting after subclause (XIII) the following new
subclause:
``(XIV) the National Intelligence Authority; or''.
(b) Deletion of Information About Foreign Gifts.--Section
7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting ``(A)'' after ``(4)'';
(2) in subparagraph (A), as so designated, by striking
``the Director of Central Intelligence'' and inserting ``the
Director of the Central Intelligence Agency''; and
(3) by adding at the end the following new subparagraph:
``(B) In transmitting such listings for the National Intelligence
Authority, the National Intelligence Director may delete the
information described in subparagraphs (A) and (C) of paragraphs (2)
and (3) if the Director certifies in writing to the Secretary of State
that the publication of such information could adversely affect United
States intelligence sources.''.
(c) Exemption from Financial Disclosures.--Section 105(a)(1) of the
Ethics in Government Act (5 U.S.C. App.) is amended by inserting ``the
National Intelligence Authority,'' before ``the Central Intelligence
Agency''.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 161. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2005--
(1) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for the
intelligence and intelligence-related activities of the United
States Government; and
(2) the aggregate amount of appropriations requested in the
budget of the President for the fiscal year concerned for each
element or component of the intelligence community.
(b) Amounts Appropriated Each Fiscal Year.--Congress shall disclose
to the public for each fiscal year after fiscal year 2005--
(1) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for the intelligence and
intelligence-related activities of the United States
Government; and
(2) the aggregate amount of funds appropriated by Congress
for the fiscal year concerned for each element or component of
the intelligence community.
SEC. 162. MERGER OF HOMELAND SECURITY COUNCIL INTO NATIONAL SECURITY
COUNCIL.
(a) Merger of Homeland Security Council Into National Security
Council.--Section 101 of the National Security Act of 1947 (50 U.S.C.
402) is amended--
(1) in the fourth undesignated paragraph of subsection (a),
by striking clauses (5) and (6) and inserting the following new
clauses:
``(5) the Attorney General;
``(6) the Secretary of Homeland Security;''; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following new
paragraphs:
``(3) assess the objectives, commitments, and risks of the
United States in the interests of homeland security and make
recommendations to the President based on such assessments;
``(4) oversee and review the homeland security policies of
the Federal Government and make recommendations to the
President based on such oversight and review; and
``(5) perform such other functions as the President may
direct.''.
(c) Repeal of Superseded Authority.--(1) Title IX of the Homeland
Security Act of 2002 (6 U.S.C. 491 et seq.) is repealed.
(2) The table of contents for that Act is amended by striking the
items relating to title IX.
SEC. 163. REFORM OF CENTRAL INTELLIGENCE AGENCY.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Covert operations tend to be highly tactical and
require close attention. The Central Intelligence Agency should
retain responsibility for the direction and execution of
clandestine and covert operations. The Central Intelligence
Agency should also concentrate on building capabilities to
carry out such operations and on providing personnel who will
be directing and executing such operations in the field.
(2) The reconstitution of the analytic and human
intelligence collection capabilities of the Central
Intelligence Agency requires the undiverted attention of the
head of the Central Intelligence Agency.
(b) Transformation of Central Intelligence Agency.--The Director of
the Central Intelligence Agency shall transform the intelligence and
intelligence-related capabilities of the Central Intelligence Agency
by--
(1) building the human intelligence capabilities of the
clandestine service;
(2) building the analytic capabilities of the Agency;
(3) developing a stronger language program;
(4) renewing emphasis on the recruitment of operations
officers of diverse background who can blend in more easily in
foreign cities;
(5) ensuring a seamless relationship between human source
collection and signals collection at the operational level; and
(6) providing for a better balance between unilateral
operations and liaison operations.
(c) Retention of Responsibility for Clandestine and Covert
Operations.--The Central Intelligence Agency shall retain
responsibility for the direction and execution of clandestine and
covert operations as authorized by the President or the National
Intelligence Director and assigned by a national intelligence center.
SEC. 164. PARAMILITARY OPERATIONS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Prior to September 11, 2001, the Central Intelligence
Agency relied on proxies to conduct paramilitary operations,
with unsatisfactory results.
(2) The United States cannot afford to build two separate
capabilities for carrying out paramilitary operations, and
therefore should concentrate responsibility and necessary legal
authority for such operations in one entity.
(3) In conducting future paramilitary operations, Central
Intelligence Agency experts should be integrated into military
training, exercises, and planning, and lead responsibility for
directing and executing paramilitary operations should rest
with the Department of Defense.
(b) Sense of Congress on Lead Responsibility for Paramilitary
Operations.--The Secretary of Defense should have lead responsibility
for directing and executing paramilitary operations, whether
clandestine or covert.
(c) Sense of Congress on Discharge Through Special Operations
Command.--In carrying out the responsibility under subsection (b) the
Secretary of Defense should--
(1) assign the Special Operations Command lead
responsibility within the Department of Defense for
paramilitary operations; and
(2) consolidate responsibility for such operations with the
capabilities for training, direction, and execution of such
operations.
(d) Sense of Congress on Joint Planning.--The Secretary of Defense
and the Director of the Central Intelligence Agency should work jointly
to plan paramilitary operations.
(e) Paramilitary Operations Defined.--In this section, the term
``paramilitary operations'' means operations that, by their tactics and
requirements in military-type personnel, equipment, and training,
approximate conventional military operations, but that are
distinguished from conventional military operations through reliance on
light infantry, less capability to carry out sustained combat
operations involving heavy weapons and less capability of sustaining
long-term logistical support.
SEC. 165. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Federal Bureau of Investigation has made
significant progress in improving its intelligence
capabilities.
(2) The Federal Bureau of Investigation must fully
institutionalize the shift of the Bureau to a preventive
counterterrorism posture.
(b) Improvement of Intelligence Capabilities.--The Director of the
Federal Bureau of Investigation shall continue efforts to improve the
intelligence capabilities of the Bureau and to develop and maintain
within the Bureau a national security workforce.
(c) National Security Workforce.--(1) In developing and maintaining
a national security workforce under subsection (b), the Director of the
Federal Bureau of Investigation shall, subject to the direction and
control of the President, develop and maintain a specialized and
integrated national security workforce consisting of agents, analysts,
linguists, and surveillance specialists who are recruited, trained, and
rewarded in a manner which ensures the existence within the Bureau of
an institutional culture with substantial expertise in, and commitment
to, the intelligence and national security missions of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminal
justice matters and national security matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable, be
given the opportunity to undergo, during such agent's early service
with the Bureau, meaningful assignments in criminal justice matters and
in national security matters.
(4) The Director shall--
(A) require agents and analysts of the Bureau to specialize
in either criminal justice matters or national security
matters; and
(B) in furtherance of the requirement under subparagraph
(A) and to the maximum extent practicable, afford agents and
analysts of the Bureau the opportunity to work in the specialty
selected by such agents and analysts over their entire career
with the Bureau.
(5) The Director shall carry out a program to enhance the capacity
of the Bureau to recruit and retain individuals with backgrounds in
intelligence, international relations, language, technology, and other
skills relevant to the intelligence and national security missions of
the Bureau.
(6) The Director shall, to the maximum extent practicable, afford
the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each senior manager of the Bureau shall be a
certified intelligence officer.
(8) The Director shall, to the maximum extent practicable, ensure
that the successful completion of advanced training courses, and of one
or more assignments to another element of the intelligence community,
is a precondition to advancement to higher level national security
assignments within the Bureau.
(d) Field Office Matters.--(1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under subsection
(b), the Director of the Federal Bureau of Investigation shall ensure
that each field office of the Bureau has an official at the deputy
level or higher with responsibility for national security matters.
(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to ensure
the discharge by the field offices of the intelligence and national
security missions of the Bureau.
(3) The Director shall take appropriate actions to ensure the
integration of analysts, agents, linguists, and surveillance personnel
in the field.
(e) Budget Matters.--The Director of the Federal Bureau of
Investigation shall, in consultation with the Director of the Office of
Management and Budget, modify the budget structure of the Federal
Bureau of Investigation in order to organize the budget according to
the four principal missions of the Bureau as follows:
(1) Intelligence.
(2) Counterterrorism and counterintelligence.
(3) Crime.
(4) Criminal justice services.
(f) Reports.--(1)(A) Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report on the progress made as
of the date of such report in carrying out the requirements of this
section.
(B) The report required by subparagraph (A) shall include an
estimate of the resources required to complete the expansion of secure
facilities to carry out the national security mission of the field
offices of the Federal Bureau of Investigation.
(2) The Director shall include in each semiannual program review of
the Bureau that is submitted to Congress a report on the progress made
by each field office of the Bureau during the period covered by such
review in addressing Bureau and national program priorities.
(3) Not later than 180 days after the date of the enactment of this
Act, and every six months thereafter, the Director shall submit to
Congress a report assessing the qualifications, status, and roles of
analysts at Bureau headquarters and in the field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment of this
Act, and every six months thereafter, the Director shall submit to
Congress a report on the progress of the Bureau in implementing
information-sharing principles.
(5) A report required by this subsection shall be submitted--
(A) to each committee of Congress that has jurisdiction
over the subject matter of such report; and
(B) in an unclassified form, but may include a classified
annex.
SEC. 166. REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
Not later than one year after the date of the enactment of this
Act, the National Intelligence Director shall submit to Congress a
report on the progress made in the implementation of this title,
including the amendments made by this title. The report shall include a
comprehensive description of the progress made, and may include such
recommendations for additional legislative or administrative action as
the Director considers appropriate.
Subtitle F--Conforming and Other Amendments
SEC. 171. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY OF THE
CENTRAL INTELLIGENCE AGENCY.
Title I of the National Security Act of 1947 (50 U.S.C. 402 et
seq.) is amended by striking sections 102 through 104 and inserting the
following new sections:
``central intelligence agency
``Sec. 102. (a) Central Intelligence Agency.--There is a Central
Intelligence Agency.
``(b) Function.--The function of the Central Intelligence Agency is
to assist the Director of the Central Intelligence Agency in carrying
out the responsibilities specified in section 103(c).
``director of the central intelligence agency
``Sec. 103. (a) Director of Central Intelligence Agency.--(1) There
is a Director of the Central Intelligence Agency who shall be appointed
by the President, by and with the advice and consent of the Senate.
``(2) The Director of the Central Intelligence Agency also serves
as the Deputy National Intelligence Director for Foreign Intelligence
under section 114(b) of the National Intelligence Authority Act of 2004
and, in that capacity, has the duties and responsibilities provided for
in paragraph (3) of that section.
``(b) Duties.--In the capacity as Director of the Central
Intelligence Agency, the Director of the Central Intelligence Agency
shall--
``(1) carry out the responsibilities specified in
subsection (c); and
``(2) serve as the head of the Central Intelligence Agency.
``(c) Responsibilities.--The Director of the Central Intelligence
Agency shall--
``(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the
Central Intelligence Agency shall have no police, subpoena, or
law enforcement powers or internal security functions;
``(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
``(3) perform such additional services as are of common
concern to the elements of the intelligence community, which
services the National Intelligence Director determines can be
more efficiently accomplished centrally; and
``(4) perform such other functions and duties related to
intelligence affecting the national security as the President,
the National Security Council, or the National Intelligence
Director may direct.
``(d) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
Intelligence Agency whenever the Director considers the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
``(2) Any termination of employment of an officer or employee under
paragraph (1) shall not affect the right of the officer or employee to
seek or accept employment in any other department, agency, or element
of the United States Government if declared eligible for such
employment by the Office of Personnel Management.''.
SEC. 172. CONFORMING AMENDMENTS RELATING TO ROLES OF NATIONAL
INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) National Security Act of 1947.--(1) The National Security Act
of 1947 (50 U.S.C. 401 et seq.) is amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place
it appears.
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it
appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(DD) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(EE) Section 603(a) (50 U.S.C. 423(a)).
(FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(GG) Section 702(a)(6)(B)(viii) (50 U.S.C.
432(a)(6)(B)(viii)).
(HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(JJ) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(MM) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(OO) Section 1001(a) (50 U.S.C. 441g(a)).
(PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(SS) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ``of Central
Intelligence'' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place
it appears.
(3) That Act is further amended by striking ``Director'' each place
it appears in the following provisions and inserting ``National
Intelligence Director'':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it
appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended by
striking ``Director of Central Intelligence'' and inserting ``National
Intelligence Director, the Director of the Central Intelligence
Agency''
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is amended
by striking ``Director of Central Intelligence'' and inserting
``Director of the Central Intelligence Agency''.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking ``Operational files of
the Central Intelligence Agency may be exempted by the Director
of Central Intelligence'' and inserting ``The Director of the
Central Intelligence Agency, with the coordination of the
National Intelligence Director, may exempt operational files of
the Central Intelligence Agency''; and
(B) in subsection (g)(1), by striking ``Director of Central
Intelligence'' and inserting ``Director of the Central
Intelligence Agency and the National Intelligence Director''.
(7) The heading for section 114 of that Act (50 U.S.C. 404i) is
amended to read as follows:
``additional annual reports from the national intelligence director''.
(b) Central Intelligence Agency Act of 1949.--(1) The Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by
striking ``Director of Central Intelligence'' each place it appears in
the following provisions and inserting ``National Intelligence
Director'':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it
appears.
(2) That Act is further amended by striking ``of Central
Intelligence'' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ``Director of Central
Intelligence'' each place it appears in the following provisions and
inserting ``Director of the Central Intelligence Agency'':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it
appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) Central Intelligence Agency Retirement Act.--Section 101 of the
Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is amended
by striking paragraph (2) and inserting the following new paragraph
(2):
``(2) Director.--The term `Director' means the Director of
the Central Intelligence Agency.''.
(d) CIA Voluntary Separation Pay Act.--Subsection (a)(1) of section
2 of the Central Intelligence Agency Voluntary Separation Pay Act (50
U.S.C. 2001 note) is amended to read as follows:
``(1) the term `Director' means the Director of the Central
Intelligence Agency;''.
(e) Foreign Intelligence Surveillance Act of 1978.--(1) The Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is
amended by striking ``Director of Central Intelligence'' each place it
appears and inserting ``National Intelligence Director''.
(f) Classified Information Procedures Act.--Section 9(a) of the
Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking ``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(g) Intelligence Authorization Acts.--
(1) Public law 103-359.--Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359) is amended by striking
``Director of Central Intelligence'' and inserting ``National
Intelligence Director''.
(2) Public law 107-306.--(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107-306) is amended by
striking ``Director of Central Intelligence, acting as the head
of the intelligence community,'' each place it appears in the
following provisions and inserting ``National Intelligence
Director'':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking ``Director of
Central Intelligence'' each place it appears in the following
provisions and inserting ``National Intelligence Director'':
(i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
(ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iv) Section 904(h) (50 U.S.C. 402c(h)), each place
it appears.
(v) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is amended
by striking ``Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the
Central Intelligence Agency'' and inserting ``National
Intelligence Director shall establish within the Central
Intelligence Agency''.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note) is
amended by striking ``Director'' and inserting ``National
Intelligence Director''.
(3) Public law 108-177.--(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177) is amended by
striking ``Director of Central Intelligence'' each place it
appears in the following provisions and inserting ``National
Intelligence Director'':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(ii) Section 317(h)(1).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places
it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note) is
amended by striking ``Director'' the first place it appears and
inserting ``National Intelligence Director''.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking ``Director of Central Intelligence'' and
inserting ``Director of the Central Intelligence Agency''.
SEC. 173. OTHER CONFORMING AMENDMENTS
(a) National Security Act of 1947.--(1) Section 101(j) of the
National Security Act of 1947 (50 U.S.C. 402(j)) is amended by striking
``Deputy Director of Central Intelligence'' and inserting ``Deputy
National Intelligence Director''.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is amended
by striking ``section 103(c)(6) of this Act'' and inserting ``section
132(a)(9) of the National Intelligence Authority Act of 2004''.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended by
striking ``to the Deputy Director of Central Intelligence, or with
respect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations'' and
inserting ``to the Deputy National Intelligence Director, or with
respect to employees of the Central Intelligence Agency, to the
Director of the Central Intelligence Agency''.
(4) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1)) is
amended by striking ``Office of the Deputy Director of Central
Intelligence'' and inserting ``Office of the National Intelligence
Director''.
(5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is amended
by striking ``Office of the Director of Central Intelligence'' and
inserting ``Office of the National Intelligence Director''.
(6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended by
striking ``Assistant Director of Central Intelligence for
Administration'' and inserting ``Office of the National Intelligence
Director''.
(b) Central Intelligence Act of 1949.--Section 6 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by striking
``section 103(c)(7) of the National Security Act of 1947 (50 U.S.C.
403-3(c)(7))'' and inserting ``section 132(a)(9) of the National
Intelligence Authority Act of 2004''.
(c) Central Intelligence Agency Retirement Act.--Section 201(c) of
the Central Intelligence Agency Retirement Act (50 U.S.C. 2011(c)) is
amended by striking ``paragraph (6) of section 103(c) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of Central
Intelligence'' and inserting ``section 132(a)(9) of the National
Intelligence Authority Act of 2004 that the National Intelligence
Director''.
(d) Intelligence Authorization Acts.--
(1) Public law 107-306.--(A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 404n-2(c)) is amended by striking ``section
103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403-
3((c)(6))'' and inserting ``section 132(a)(9) of the National
Intelligence Authority Act of 2004''.
(B) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking ``Office of the
Director of Central Intelligence'' and inserting
``Office of the National Intelligence Director''; and
(ii) in subsection (l), by striking ``Office of the
Director of Central Intelligence'' and inserting
``Office of the National Intelligence Director''.
(2) Public law 108-177.--Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50
U.S.C. 403-3 note) is amended--
(A) in subsection (g), by striking ``Assistant
Director of Central Intelligence for Analysis and
Production'' and inserting ``Deputy National
Intelligence Director''; and
(B) in subsection (h)(2)(C), by striking
``Assistant Director'' and inserting ``Deputy National
Intelligence Director''.
SEC. 174. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY
ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50
U.S.C. 401a) is amended to read as follows:
``(4) The term `intelligence community' includes the
following:
``(A) The National Intelligence Authority.
``(B) The Central Intelligence Agency.
``(C) The National Security Agency.
``(D) The Defense Intelligence Agency.
``(E) The National Geospatial-Intelligence Agency.
``(F) The National Reconnaissance Office.
``(G) Other offices within the Department of
Defense for the collection of specialized national
intelligence through reconnaissance programs.
``(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal
Bureau of Investigation, and the Department of Energy.
``(I) The Bureau of Intelligence and Research of
the Department of State.
``(J) The Office of Intelligence and Analysis of
the Department of the Treasury.
``(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence
information, including the Office of Intelligence of
the Coast Guard.
``(L) Such other elements of any other department
or agency as may be designated by the President, or
designated jointly by the National Intelligence
Director and the head of the department or agency
concerned, as an element of the intelligence
community.''.
SEC. 175. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS
NATIONAL INTELLIGENCE PROGRAM.
(a) Redesignation.--Paragraph (6) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
``(6) The term `National Intelligence Program'--
``(A)(i) refers to all national intelligence
programs, projects, and activities of the elements of
the intelligence community; and
``(ii) includes all programs, projects, and
activities (whether or not pertaining to national
intelligence) of the National Intelligence Authority,
the Central Intelligence Agency, the National Security
Agency, the National Geospatial-Intelligence Agency,
the National Reconnaissance Office, the Office of
Intelligence of the Federal Bureau of Investigation,
and the Directorate of Information Analysis and
Infrastructure Protection of the Department of Homeland
Security; but
``(B) does not refer--
``(i) to any program, project, or activity
pertaining solely to the requirements of a
single department, agency, or element of the
United States Government; or
``(ii) to any program, project, or activity
of the military departments to acquire
intelligence solely for the planning and
conduct of tactical military operations by the
United States Armed Forces.''.
(b) Conforming Amendments.--(1) The National Security Act of 1947,
as amended by this Act, is further amended by striking ``National
Foreign Intelligence Program'' each place it appears in the following
provisions and inserting ``National Intelligence Program'':
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
(C) Section 506(a) (50 U.S.C. 415a(a)).
(2) Section 17(f) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(f)) is amended by striking ``National Foreign
Intelligence Program'' and inserting ``National Intelligence Program''.
(c) Heading Amendments.--(1) The heading of section 105 of that Act
is amended by striking ``foreign''.
(2) The heading of section 506 of that Act is amended by striking
``foreign''.
SEC. 176. REPEAL OF SUPERSEDED AUTHORITIES.
(a) Appointment of Certain Intelligence Officials.--Section 106 of
the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
(b) Collection Tasking Authority.--Section 111 of the National
Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 177. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents for the National Security Act of 1947 is
amended--
(1) by striking the items relating to sections 102 through
104 and inserting the following new items:
``Sec. 102. Central Intelligence Agency.
``Sec. 103. Director of the Central Intelligence Agency.'';
(2) by striking the item relating to section 105 and
inserting the following new item:
``Sec 105. Responsibilities of the Secretary of Defense pertaining to
the National Intelligence Program.'';
(3) by striking the item relating to section 114 and
inserting the following new item:
``Sec. 114. Additional annual reports from the National Intelligence
Director.'';
and
(4) by striking the item relating to section 506 and
inserting the following new item:
``Sec. 506. Specificity of National Intelligence Program budget amounts
for counterterrorism, counterproliferation,
counternarcotics, and
counterintelligence''.
SEC. 178. CONFORMING AMENDMENTS RELATING TO DUAL SERVICE OF CERTAIN
OFFICIALS AS DEPUTY NATIONAL INTELLIGENCE DIRECTORS.
(a) Director of Central Intelligence Agency.--Section 1 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as
paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and
inserting the following new paragraph (2):
``(2) `Director' means the Director of the Central Intelligence
Agency; and''.
(b) Under Secretary of Defense for Intelligence.--Section 137 of
title 10, United States Code, is amended--
(1) in subsection (a), by adding at the end the following
new sentence: ``The appointment of an individual as Under
Secretary is subject to the provisions of section 135(c) of the
National Intelligence Authority Act of 2004.''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(a)''; and
(B) by adding at the end the following new
paragraph:
``(2) In addition to the duties and powers provided for under
paragraph (1), the Under Secretary of Defense for Intelligence also
serves as Deputy National Intelligence Director for Defense
Intelligence under section 114(c) of the National Intelligence
Authority Act of 2004, and, in that capacity, has the duties and
responsibilities set forth in paragraph (3) of such section.''.
(c) Under Secretary of Homeland Security for Information Analysis
and Infrastructure Protection.--Section 201(a) of the Homeland Security
Act of 2002 (6 U.S.C. 201(a)) is amended--
(1) in paragraph (1), by adding at the end the following
new sentence:``The appointment of an individual as Under
Secretary is subject to the provisions of section 135(c) of the
National Intelligence Authority Act of 2004.''; and
(2) by adding at the end the following new paragraph:
``(3) Concurrent service as deputy national intelligence
director for homeland intelligence.--Upon the election of the
National Intelligence Director, the Under Secretary also serves
as the Deputy National Intelligence Director for Homeland
Intelligence under section 114(d) of the National Intelligence
Authority Act of 2004, and, in that capacity, has the duties
and responsibilities set forth in paragraph (3) of such
section.''.
(d) Executive Assistant Director for Intelligence of FBI.--Upon the
election of the National Intelligence Director, the Executive Assistant
Director for Intelligence of the Federal Bureau of Investigation also
serves as the Deputy National Intelligence Director for Homeland
Intelligence under section 114(d), and, in that capacity, has the
duties and responsibilities set forth in paragraph (3) of such section.
SEC. 179. CONFORMING AMENDMENT TO INSPECTOR GENERAL ACT OF 1978.
Section 8H(a)(1) of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following new subparagraph:
``(D) An employee of the National Intelligence Authority, or of a
contractor of the Authority, who intends to report to Congress a
complaint or information with respect to an urgent concern may report
the complaint or information to the Inspector General of the National
Intelligence Authority in accordance with section 131(h)(5) of the
National Intelligence Authority Act of 2004.''.
Subtitle G--Other Matters
SEC. 181. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) Transfer.--There shall be transferred to the Office of the
National Intelligence Director the staff of the Community Management
Staff as of the date of the enactment of this Act, including all
functions and activities discharged by the Community Management Staff
as of that date.
(b) Administration.--The National Intelligence Director shall
administer the Community Management Staff after the date of the
enactment of this Act as a component of the Office of the National
Intelligence Director under section 113(d)(2).
SEC. 182. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) Transfer.--There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC),
including all functions and activities discharged by the Terrorist
Threat Integration Center as of the date of the enactment of this Act.
(b) Administration.--The Director of the National Counterterrorism
Center shall administer the Terrorist Threat Integration Center after
the date of the enactment of this Act as a component of the Directorate
of Intelligence of the National Counterterrorism Center under section
141(f)(2).
SEC. 183. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL
INTELLIGENCE.
(a) Termination.--The positions within the Central Intelligence
Agency referred to in subsection (b) are hereby abolished.
(b) Covered Positions.--The positions within the Central
Intelligence Agency referred to in this subsection are as follows:
(1) The Assistant Director of Central Intelligence for
Collection.
(2) The Assistant Director of Central Intelligence for
Analysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 184. TERMINATION OF JOINT MILITARY INTELLIGENCE PROGRAM.
Effective as of October 1, 2005, the Joint Military Intelligence
Program is abolished.
SEC. 185. EXECUTIVE SCHEDULE MATTERS.
(a) Executive Schedule Level I.--Section 5312 of title 5, United
States Code, is amended by adding the end the following new item:
``National Intelligence Director.''.
(b) Executive Schedule Level II.--Section 5313 of title 5, United
States Code, is amended by adding at the end the following new items:
``Deputy National Intelligence Director.
``Director of the National Counterterrorism Center.''.
(c) Executive Schedule Level IV.--Section 5315 of title 5, United
States Code, is amended by striking the item relating to the Assistant
Directors of Central Intelligence.
SEC. 186. PRESERVATION OF INTELLIGENCE CAPABILITIES.
The National Intelligence Director, the Director of the Central
Intelligence Agency, and the Secretary of Defense shall jointly take
such actions as are appropriate to preserve the intelligence
capabilities of the United States during the establishment of the
National Intelligence Authority under this title.
SEC. 187. GENERAL REFERENCES.
(a) Director of Central Intelligence as Head of Intelligence
Community.--Any reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the Director's
capacity as the head of the intelligence community in any law,
regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the National Intelligence Director.
(b) Director of Central Intelligence as Head of CIA.--Any reference
to the Director of Central Intelligence or the Director of the Central
Intelligence Agency in the Director's capacity as the head of the
Central Intelligence Agency in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Director of the Central Intelligence Agency.
(c) Community Management Staff.--Any reference to the Community
Management Staff in any law, regulation, document, paper, or other
record of the United States shall be deemed to be a reference to the
staff of the Office of the National Intelligence Director.
TITLE II--INFORMATION SHARING
SEC. 201. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Network.--The term ``Network'' means the Information
Sharing Network described in subsection (c).
(2) Terrorism information.--The term ``terrorism
information'' means all information, whether collected,
produced, or distributed by intelligence, law enforcement,
military, homeland security, or other activities, relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or
international terrorist groups or individuals, or of
domestic groups or individuals involved in
transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United
States interests, or to those of other nations;
(C) communications of or by such groups or
individuals; or
(D) information relating to groups or individuals
reasonably believed to be assisting or associated with
such groups or individuals.
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The effective use of information, from all available
sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-
source analysis, and to a greater likelihood of ``connecting
the dots'', is resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional
intelligence but also other government databases, such as those
containing customs or immigration information. But the United
States Government has a weak system for processing and using
the information it has.
(3) In the period leading up to September 11, 2001, there
were instances of potentially helpful information that was
available but that no person knew to ask for; information that
was distributed only in compartmented channels; and information
that was requested but could not be shared.
(4) Current security requirements nurture
overclassification and excessive compartmentalization of
information among agencies. Each agency's incentive structure
opposes sharing, with risks, including criminal, civil, and
administrative sanctions, but few rewards for sharing
information.
(5) The current system, in which each intelligence agency
has its own security practices, requires a demonstrated ``need
to know'' before sharing. This approach assumes that it is
possible to know, in advance, who will need to use the
information. An outgrowth of the cold war, such a system
implicitly assumes that the risk of inadvertent disclosure
outweighs the benefits of wider sharing. Such assumptions are
no longer appropriate. Although counterintelligence concerns
are still real, the costs of not sharing information are also
substantial. The current ``need-to-know'' culture of
information protection needs to be replaced with a ``need-to-
share'' culture of integration.
(6) A new approach to the sharing of terrorism information
is urgently needed. An important conceptual model for a new
``trusted information network'' is the Systemwide Homeland
Analysis and Resource Exchange (SHARE) Network proposed by a
task force of leading professionals assembled by the Markle
Foundation and described in reports issued in October 2002 and
December 2003.
(7) No single agency can create a meaningful information
sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential leadership
is required to bring about governmentwide change.
(c) Information Sharing Network.--
(1) Establishment.--The President shall establish an
information sharing network to promote the sharing of terrorism
information, in a manner consistent with national security and
the protection of privacy and civil liberties.
(2) Attributes.--The Network shall promote coordination,
communication and collaboration of people and information among
all relevant Federal departments and agencies, State, tribal,
and local authorities, and relevant private sector entities,
including owners and operators of critical infrastructure, by
using policy guidelines and technologies that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where
appropriate and allows users to share information
horizontally across agencies, vertically between levels
of government, and, as appropriate, with the private
sector;
(B) building on existing systems capabilities at
relevant agencies;
(C) utilizing industry best practices, including
minimizing the centralization of data and seeking to
use common tools and capabilities whenever possible;
(D) employing an information rights management
approach that controls access to data rather than to
whole networks;
(E) facilitating the sharing of information at and
across all levels of security by using policy
guidelines and technologies that support writing
information that can be broadly shared;
(F) providing directory services for locating
people and information;
(G) incorporating protections for individuals'
privacy and civil liberties;
(H) incorporating mechanisms for information
security; and
(I) access controls, authentication and
authorization, audits, and other strong mechanisms for
information security and privacy guideline enforcement
across all levels of security, in order to enhance
accountability and facilitate oversight.
(d) Immediate Steps.--Not later than 90 days after the date of
enactment of this Act, the President, through the Director of
Management and Budget and in consultation with the National
Intelligence Director, the Attorney General, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of State, the
Director of the Federal Bureau of Investigation, the Director of the
Central Intelligence Agency, and such other Federal officials as the
President shall designate, shall--
(1) establish electronic directory services to assist in
locating in the Federal Government terrorism information and
people with relevant knowledge about terrorism information; and
(2) conduct a review of relevant current Federal agency
capabilities, including a baseline inventory of current Federal
systems that contain terrorism information, the money currently
spent to maintain those systems, and identification of other
information that should be included in the Network.
(e) Guidelines.--As soon as possible, but in no event later than
180 days after the date of enactment of this Act, the President shall--
(1) in consultation with the National Intelligence Director
and the Advisory Council on Information Sharing established in
subsection (g), issue guidelines for acquiring, accessing,
sharing, and using terrorism information, including guidelines
to ensure such information is provided in its most shareable
form, such as by separating out data from the sources and
methods by which they are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 901, issue guidelines
that--
(A) protect privacy and civil liberties in the
development and use of the Network; and
(B) shall be made public, unless, and only to the
extent that, nondisclosure is clearly necessary to
protect national security;
(3) establish objective, systemwide performance measures to
enable the assessment of progress toward achieving full
implementation of the Network; and
(4) require Federal departments and agencies to promote a
culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and
unnecessary requirements for originator approval; and
(B) providing affirmative incentives for
information sharing, such as the incorporation of
information sharing performance measures into agency
and managerial evaluations, and employee awards for
promoting innovative information sharing practices.
(f) System Design and Implementation Plan.--Not later than 270 days
after the date of enactment of this Act, the President shall submit to
Congress a system design and implementation plan for the Network. The
plan shall be prepared by the President through the Director of
Management and Budget and in consultation with the National
Intelligence Director, the Attorney General, the Secretary of Homeland
Security, the Secretary of Defense, the Secretary of State, the
Director of the Federal Bureau of Investigation, the Director of the
Central Intelligence Agency, and such other Federal officials as the
President shall designate, and shall include--
(1) a description of the parameters of the proposed
Network, including functions, capabilities, and resources;
(2) a description of the technological, legal, and policy
issues presented by the creation of the Network described in
subsection (c), and the ways in which these issues will be
addressed;
(3)(A) a delineation of the roles of the Federal
departments and agencies that will participate in the
development of the Network, including--
(i) identification of any agency that will build
the infrastructure needed to operate and manage the
Network (as distinct from the individual agency
components that are to be part of the Network); and
(ii) identification of any agency that will operate
and manage the Network (as distinct from the individual
agency components that are to be part of the Network);
(B) a provision that the delineation of roles under
subparagraph (A) shall--
(i) be consistent with the authority of the
National Intelligence Director, under this Act, to set
standards for information sharing and information
technology throughout the intelligence community; and
(ii) recognize the role of the Department of
Homeland Security in coordinating with State, tribal,
and local officials and the private sector;
(4) a description of the technological requirements to
appropriately link and enhance existing networks and a
description of the system design that will meet these
requirements;
(5) a plan, including a time line, for the development and
phased implementation of the Network;
(6) total budget requirements to develop and implement the
Network, including the estimated annual cost for each of the 5
years following the date of enactment of this Act; and
(7) proposals for any legislation that the President
believes necessary to implement the Network.
(g) Advisory Council on Information Sharing.--
(1) Establishment.--There is established an Advisory
Council on Information Sharing (in this subsection referred to
as the ``Council'').
(2) Membership.--No more than 25 individuals may serve as
members of the Council, which shall include--
(A) the National Intelligence Director, who shall
serve as Chairman of the Council;
(B) the Secretary of Homeland Security;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of State;
(F) the Director of the Central Intelligence
Agency;
(G) the Director of the Federal Bureau of
Investigation;
(H) the Director of Management and Budget;
(I) such other Federal officials as the President
shall designate;
(J) representatives of State, tribal, and local
governments, to be appointed by the President;
(K) individuals from outside government with
expertise in relevant technology, security and privacy
concepts, to be appointed by the President; and
(L) individuals who are employed in private
businesses or nonprofit organizations that own or
operate critical infrastructure, to be appointed by the
President.
(3) Responsibilities.--The Council shall--
(A) advise the President and the heads of relevant
Federal departments and agencies on the implementation
of the Network;
(B) ensure that there is coordination among
participants in the Network in the development and
implementation of the Network;
(C) review, on an ongoing basis, policy, legal and
technology issues related to the implementation of the
Network; and
(D) establish a dispute resolution process to
resolve disagreements among departments and agencies
about whether particular terrorism information should
be shared and in what manner.
(4) Inapplicability of Federal Advisory Committee Act.--The
Council shall not be subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.).
(5) Informing the public.--The Council shall hold public
hearings and otherwise inform the public of its activities, as
appropriate and in a manner consistent with the protection of
classified information and applicable law.
(6) Council reports.--Not later than 1 year after the date
of enactment of this Act and annually thereafter, the National
Intelligence Director, in the capacity of Chairman of the
Council, shall submit a report to Congress that shall include--
(A) a description of the activities and
accomplishments of the Council in the preceding year;
and
(B) the number and dates of the meetings held by
the Council and a list of attendees at each meeting.
(h) Presidential Reports.--Not later than 1 year after the date of
enactment of this Act, and semiannually thereafter, the President shall
submit a report to Congress on the state of the Network. The report
shall include--
(1) a progress report on the extent to which the Network
has been implemented, including how the Network has fared on
the governmentwide and agency-specific performance measures and
whether the performance goals set in the preceding year have
been met;
(2) objective systemwide performance goals for the
following year;
(3) an accounting of how much was spent on the Network in
the preceding year;
(4) actions taken to ensure that agencies procure new
technology that is consistent with the Network and information
on whether new systems and technology are consistent with the
Network;
(5) the extent to which, in appropriate circumstances, all
terrorism watch lists are available for combined searching in
real time through the Network and whether there are consistent
standards for placing individuals on, and removing individuals
from, the watch lists, including the availability of processes
for correcting errors;
(6) the extent to which unnecessary roadblocks or
disincentives to information sharing, including the
inappropriate use of paper-only intelligence products and
requirements for originator approval, have been eliminated;
(7) the extent to which positive incentives for information
sharing have been implemented;
(8) the extent to which classified information is also made
available through the Network, in whole or in part, in
unclassified form;
(9) the extent to which State, tribal, and local
officials--
(A) are participating in the Network;
(B) have systems which have become integrated into
the Network;
(C) are providing as well as receiving information;
and
(D) are using the Network to communicate with each
other;
(10) the extent to which--
(A) private sector data, including information from
owners and operators of critical infrastructure, is
incorporated in the Network; and
(B) the private sector is both providing and
receiving information;
(11) where private sector data has been used by the
Government or has been incorporated into the Network--
(A) the measures taken to protect sensitive
business information; and
(B) where the data involves information about
individuals, the measures taken to ensure the accuracy
of such data;
(12) the measures taken by the Federal Government to ensure
the accuracy of other information on the Network and, in
particular, the accuracy of information about individuals;
(13) an assessment of the Network's privacy protections,
including actions taken in the preceding year to implement or
enforce privacy protections and a report of complaints received
about interference with an individual's privacy or civil
liberties; and
(14) an assessment of the security protections of the
Network.
(i) Agency Plans and Reports.--Each Federal department or agency
that possesses or uses terrorism information or that otherwise
participates, or expects to participate, in the Network, shall submit
to the Director of Management and Budget and to Congress--
(1) not later than 1 year after the enactment of this Act,
a report including--
(A) a strategic plan for implementation of the
Network's requirements within the department or agency;
(B) objective performance measures to assess the
progress and adequacy of the department's or agency's
information sharing efforts; and
(C) budgetary requirements to integrate the
department or agency into the Network, including
projected annual expenditures for each of the following
5 years following the submission of the reports; and
(2) annually thereafter, reports including--
(A) an assessment of the department's or agency's
progress in complying with the Network's requirements,
including how well the department or agency has
performed on the objective measures developed under
paragraph (1);
(B) the department's or agency's expenditures to
implement and comply with the Network's requirements in
the preceding year;
(C) the department's or agency's plans for further
implementation of the Network in the year following the
submission of the report.
(j) Periodic Assessments.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, and periodically thereafter, the
Government Accountability Office shall review and evaluate the
implementation of the Network, both generally and, at its
discretion, within specific departments and agencies, to
determine the extent of compliance with the Network's
requirements and to assess the effectiveness of the Network in
improving information sharing and collaboration and in
protecting privacy and civil liberties, and shall report to
Congress on its findings.
(2) Inspectors general.--The Inspector General in any
Federal department or agency that possesses or uses terrorism
information or that otherwise participates in the Network
shall, at the discretion of the Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that
department or agency with the Network's
requirements; and
(ii) assess the effectiveness of that
department or agency in improving information
sharing and collaboration and in protecting
privacy and civil liberties; and
(B) issue reports on such audits and
investigations.
(k) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) $50,000,000 to the Director of Management and Budget to
carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this section in
each fiscal year thereafter, to be disbursed and allocated in
accordance with the Network system design and implementation
plan required by subsection (f).
TITLE III--CONGRESSIONAL REFORM
SEC. 301. FINDINGS.
Consistent with the report of the National Commission on Terrorist
Attacks Upon the United States, Congress makes the following findings:
(1) The American people are not served well by current
congressional rules and resolutions governing intelligence and
homeland security oversight.
(2) A unified Executive Branch effort on fighting terrorism
will not be effective unless it is matched by a unified effort
in Congress, specifically a strong, stable, and capable
congressional committee structure to give the intelligence
agencies and Department of Homeland Security sound oversight,
support, and leadership.
(3) The intelligence committees of the Senate and the House
of Representatives are not organized to provide strong
leadership and oversight for intelligence and counterterrorism.
(4) Jurisdiction over the Department of Homeland Security,
which is scattered among many committees in each chamber, does
not allow for the clear authority and responsibility needed for
effective congressional oversight.
(5) Congress should either create a new, joint Senate-House
intelligence authorizing committee modeled on the former Joint
Committee on Atomic Energy, or establish new intelligence
committees in each chamber with combined authorization and
appropriations authority.
(6) Congress should establish a single, principal point of
oversight and review in each chamber for the Department of
Homeland Security and the report of the National Commission on
Terrorist Attacks Upon the United States stated that
``Congressional leaders are best able to judge what committee
should have jurisdiction over this department and its
duties.''.
(7) In August 2004, the joint Senate leadership created a
bipartisan working group to examine how best to implement the
Commission's recommendations with respect to reform of the
Senate's oversight of intelligence and homeland security, and
directed the working group to begin its work immediately and to
present its findings and recommendations to Senate leadership
as expeditiously as possible.
SEC. 302. REORGANIZATION OF CONGRESSIONAL JURISDICTION.
The 108th Congress shall not adjourn until each House of Congress
has adopted the necessary changes to its rules such that, effective the
start of the 109th Congress--
(1) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters relating to the
Department of Homeland Security shall be consolidated in a
single committee in each House and such committee shall have a
nonpartisan staff; and
(2) jurisdiction over proposed legislation, messages,
petitions, memorials, and other matters related to intelligence
shall reside in--
(A) either a joint Senate-House authorizing
committee modeled on the former Joint Committee on
Atomic Energy, or a committee in each chamber with
combined authorization and appropriations authority;
and
(B) regardless of which committee structure is
selected, the intelligence committee or committees
shall have--
(i) not more than 9 members in each House,
who shall serve without term limits and of
which at least 1 each shall also serve on a
committee on Armed Services, Judiciary, and
Foreign Affairs and at least 1 on a Defense
Appropriations subcommittee;
(ii) authority to issue subpoenas;
(iii) majority party representation that
does not exceed minority party representation
by more than 1 member in each House, and a
nonpartisan staff; and
(iv) a subcommittee devoted solely to
oversight.
TITLE IV--PRESIDENTIAL TRANSITION
SEC. 401. PRESIDENTIAL TRANSITION.
(a) Services Provided President-Elect.--Section 3 of the
Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
``(v) Activities under this paragraph shall
include the preparation of a detailed
classified, compartmented summary by the
relevant outgoing executive branch officials of
specific operational threats to national
security; major military or covert operations;
and pending decisions on possible uses of
military force. This summary shall be provided
to the President-elect as soon as possible
after the date of the general elections held to
determine the electors of President and Vice
President under section 1 or 2 of title 3,
United States Code.'';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
``(f)(1) The President-elect should submit to the agency designated
by the President under section 401(d) of the 9/11 Commission Report
Implementation Act of 2004 the names of candidates for high level
national security positions through the level of undersecretary of
cabinet departments as soon as possible after the date of the general
elections held to determine the electors of President and Vice
President under section 1 or 2 of title 3, United States Code.
``(2) The Federal Bureau of Investigation, and any other
appropriate agency, shall undertake and complete as expeditiously as
possible the background investigations necessary to provide appropriate
security clearances to the individuals who are candidates described
under paragraph (1) before the date of the inauguration of the
President-elect as President and the inauguration of the Vice-
President-elect as Vice President.''.
(b) Sense of the Senate Regarding Expedited Consideration of
National Security Nominees.--It is the sense of the Senate that--
(1) the President-elect should submit the nominations of
candidates for high-level national security positions, through
the level of undersecretary of cabinet departments, to the
Senate by the date of the inauguration of the President-elect
as President; and
(2) for all national security nominees received by the date
of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent
possible, complete their consideration of these nominations,
and, if such nominations are reported by the committees, the
full Senate should vote to confirm or reject these nominations,
within 30 days of their submission.
(c) Security Clearances for Transition Team Members.--
(1) Definition.--In this section, the term ``major party''
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) In general.--Each major party candidate for President,
except a candidate who is the incumbent President, may submit,
before the date of the general election, requests for security
clearances for prospective transition team members who will
have a need for access to classified information to carry out
their responsibilities as members of the President-elect's
transition team.
(3) Completion date.--Necessary background investigations
and eligibility determinations to permit appropriate
prospective transition team members to have access to
classified information shall be completed, to the fullest
extent practicable, by the day after the date of the general
election.
(d) Consolidation of Responsibility for Personnel Security
Investigations.--
(1) Consolidation.--
(A) In general.--Not later than 45 days after the
date of enactment of this Act, the President shall
select a single Federal agency to provide and maintain
all security clearances for Federal employees and
Federal contractor personnel who require access to
classified information, including conducting all
investigation functions.
(B) Considerations.--In selecting an agency under
this paragraph, the President shall fully consider
requiring the transfer of investigation functions to
the Office of Personnel Management as described under
section 906 of the National Defense Authorization Act
for Fiscal Year 2004 (5 U.S.C. 1101 note).
(C) Coordination and consolidation of
responsibilities.--The Federal agency selected under
this paragraph shall--
(i) take all necessary actions to carry out
the responsibilities under this subsection,
including entering into a memorandum of
understanding with any agency carrying out such
responsibilities before the date of enactment
of this Act; and
(ii) identify any legislative actions
necessary to further implement this subsection.
(D) Database.--The agency selected shall, as soon
as practicable, establish and maintain a single
database for tracking security clearance applications,
investigations and eligibility determinations and
ensure that security clearance investigations are
conducted according to uniform standards, including
uniform security questionnaires and financial
disclosure requirements.
(E) Polygraphs.--The President shall direct the
agency selected under this paragraph to administer any
polygraph examinations on behalf of agencies that
require them.
(2) Access.--The President, acting through the National
Intelligence Director, shall--
(A) establish uniform standards and procedures for
the grant of access to classified information to any
officer or employee of any agency or department of the
United States and to employees of contractors of those
agencies and departments;
(B) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments; and
(C) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by such
elements.
TITLE V--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE
WAR ON TERRORISM
SEC. 501. REPORT ON TERRORIST SANCTUARIES.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by
government or law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before
September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided direct
and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11,
2001 and in other terrorist operations.
(4) Terrorist organizations have fled to some of the least
governed and most lawless places in the world to find
sanctuary.
(5) During the twenty-first century, terrorists are
focusing on remote regions and failing states as locations to
seek sanctuary.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as
terrorist sanctuaries;
(2) the United States Government should have a realistic
strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a
sanctuary; and
(3) the United States Government should reach out, listen
to, and work with countries in bilateral and multilateral fora
to prevent locations from becoming sanctuaries and to prevent
terrorists from using locations as sanctuaries.
(c) Strategy on Terrorist Sanctuaries.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that describes a strategy for addressing
and, where possible, eliminating terrorist sanctuaries.
(2) Content.--The report required under this section shall
include the following:
(A) A description of actual and potential terrorist
sanctuaries, together with an assessment of the
priorities of addressing and eliminating such
sanctuaries.
(B) An outline of strategies for disrupting or
eliminating the security provided to terrorists by such
sanctuaries.
(C) A description of efforts by the United States
Government to work with other countries in bilateral
and multilateral fora to address or eliminate actual or
potential terrorist sanctuaries and disrupt or
eliminate the security provided to terrorists by such
sanctuaries.
(D) A description of long-term goals and actions
designed to reduce the conditions that allow the
formation of terrorist sanctuaries, such as supporting
and strengthening host governments, reducing poverty,
increasing economic development, strengthening civil
society, securing borders, strengthening internal
security forces, and disrupting logistics and
communications networks of terrorist groups.
SEC. 502. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Government of Pakistan has a critical role to
perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create
opportunities for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their
children to madrassahs, some of which have been used as
incubators for violent extremism.
(4) The vast unpoliced regions in Pakistan make the country
attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in
Afghanistan.
(5) A stable Pakistan, with a government advocating
``enlightened moderation'' in the Muslim world, is critical to
stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as allies
of convenience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should make a long-term commitment to
assisting in ensuring a promising, stable, and secure future in
Pakistan, as long as its leaders remain committed to combatting
extremists and implementing a strategy of ``enlightened
moderation'';
(2) the United States aid to Pakistan should be fulsome
and, at a minimum, sustained at the fiscal year 2004 levels;
(3) the United States should support the Government of
Pakistan with a comprehensive effort that extends from military
aid to support for better education; and
(4) the United States Government should devote particular
attention and resources to assisting in the improvement of the
quality of education in Pakistan.
(c) Report on Support for Pakistan.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the efforts of the United States
Government to support Pakistan and encourage moderation in that
country.
(2) Content.--The report required under this section shall
include the following:
(A) An examination of the desirability of
establishing a Pakistan Education Fund to direct
resources toward improving the quality of secondary
schools in Pakistan.
(B) Recommendations on the funding necessary to
provide various levels of educational support.
(C) An examination of the current composition and
levels of United States military aid to Pakistan,
together with any recommendations for changes in such
levels and composition that the President considers
appropriate.
(D) An examination of other major types of United
States financial support to Pakistan, together with any
recommendations for changes in the levels and
composition of such support that the President
considers appropriate.
SEC. 503. AID TO AFGHANISTAN.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The United States and its allies in the international
community have made progress in promoting economic and
political reform within Afghanistan, including the
establishment of a central government with a democratic
constitution, a new currency, and a new army, the increase of
personal freedom, and the elevation of the standard of living
of many Afghans.
(2) A number of significant obstacles must be overcome if
Afghanistan is to become a secure and prosperous democracy, and
such a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of
Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of
narcotics.
(3) The United States and the international community must
make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning narcotics
trade, endemic poverty, and other serious problems in
Afghanistan in order to prevent that country from relapsing
into a sanctuary for international terrorism.
(b) Policy.--It shall be the policy of the United States to take
the following actions with respect to Afghanistan:
(1) Working with other nations to obtain long-term
security, political, and financial commitments and fulfillment
of pledges to the Government of Afghanistan to accomplish the
objectives of the Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7501 et seq.), especially to ensure a secure,
democratic, and prosperous Afghanistan that respects the rights
of its citizens and is free of international terrorist
organizations.
(2) Using the voice and vote of the United States in
relevant international organizations, including the North
Atlantic Treaty Organization and the United Nations Security
Council, to strengthen international commitments to assist the
Government of Afghanistan in enhancing security, building
national police and military forces, increasing counter-
narcotics efforts, and expanding infrastructure and public
services throughout the country.
(3) Taking appropriate steps to increase the assistance
provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those
agencies in Afghanistan as necessary to support the increased
assistance.
(c) Authorization of Appropriations.--
(1) Fiscal year 2005.--There are authorized to be
appropriated to the President for fiscal year 2005 for
assistance for Afghanistan, in addition to any amounts
otherwise available for the following purposes, the following
amounts:
(A) For Development Assistance to carry out the
provisions of sections 103, 105, and 106 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and
2151d), $400,000,000.
(B) For the Child Survival and Health Program Fund
to carry out the provisions of section 104 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b),
$100,000,000.
(C) For the Economic Support Fund to carry out the
provisions of chapter 4 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346 et seq.),
$550,000,000.
(D) For International Narcotics and Law Enforcement
to carry out the provisions of section 481 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291),
$360,000,000.
(E) For Nonproliferation, Anti-Terrorism, Demining,
and Related Programs, $50,000,000.
(F) For International Military Education and
Training to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347),
$2,000,000.
(G) For Foreign Military Financing Program grants
to carry of the provision of section 23 of the Arms
Export Control Act (22 U.S.C. 2763), $880,000,000.
(H) For Peacekeeping Operations to carry out the
provisions of section 551 of the Foreign Assistance Act
of 1961 (22 U.S.C. 2348), $60,000,000.
(2) Fiscal years 2006 through 2009.--There are authorized
to be appropriated to the President for each of fiscal years
2006 through 2009 such sums as may be necessary for financial
and other assistance to Afghanistan.
(3) Conditions for assistance.--Assistance provided by the
President under this subsection--
(A) shall be consistent with the Afghanistan
Freedom Support Act of 2002; and
(B) shall be provided with reference to the
``Securing Afghanistan's Future'' document published by
the Government of Afghanistan.
(d) Sense of Congress.--It is the sense of Congress that Congress
should, in consultation with the President, update and revise, as
appropriate, the Afghanistan Freedom Support Act of 2002.
(e) Strategy and Support Regarding United States Aid to
Afghanistan.--
(1) Requirement for strategy.--Not later than 180 days
after the date of the enactment of this Act, the President
shall submit to Congress a 5-year strategy for providing aid to
Afghanistan.
(2) Content.--The strategy required under paragraph (1)
shall describe the resources that will be needed during the
next 5 years to achieve specific objectives in Afghanistan,
including in the following areas:
(A) Fostering economic development.
(B) Curtailing the cultivation of opium.
(C) Achieving internal security and stability.
(D) Eliminating terrorist sanctuaries.
(E) Increasing governmental capabilities.
(F) Improving essential infrastructure and public
services.
(G) Improving public health services.
(H) Establishing a broad-based educational system.
(I) Promoting democracy and the rule of law.
(J) Building national police and military forces.
(3) Updates.--Beginning not later than 1 year after the
strategy is submitted to Congress under paragraph (1), the
President shall submit to Congress an annual report--
(A) updating the progress made toward achieving the
goals outlined in the strategy under this subsection;
and
(B) identifying shortfalls in meeting those goals
and the resources needed to fully achieve them.
SEC. 504. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Despite a long history of friendly relations with the
United States, Saudi Arabia has been a problematic ally in
combating Islamic extremism.
(2) Cooperation between the Governments of the United
States and Saudi Arabia has traditionally been carried out in
private.
(3) The Government of Saudi Arabia has not always responded
promptly and fully to United States requests for assistance in
the global war on Islamist terrorism.
(4) Counterterrorism cooperation between the Governments of
the United States and Saudi Arabia has improved significantly
since the terrorist bombing attacks in Riyadh, Saudi Arabia, on
May 12, 2003.
(5) The Government of Saudi Arabia is now aggressively
pursuing al Qaeda and appears to be acting to build a domestic
consensus for some internal reforms.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be
pursued openly by those governments;
(2) both governments must build a relationship that they
can publicly defend and that is based on other national
interests in addition to their national interests in oil;
(3) this relationship should include a shared commitment to
political and economic reform in Saudi Arabia; and
(4) this relationship should also include a shared interest
in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who
foment hatred in the Middle East.
(c) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a strategy for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and
of importance to the United States.
(2) Scope.--As part of this strategy, the President shall
consider the utility of undertaking a periodic, formal, and
visible high-level dialogue between senior United States
Government officials of cabinet level or higher rank and their
counterparts in the Government of Saudi Arabia to address
challenges in the relationship between the 2 governments and to
identify areas and mechanisms for cooperation.
(3) Content.--The strategy under this subsection shall
encompass--
(A) intelligence and security cooperation in the
fight against Islamist terrorism;
(B) ways to advance the Middle East peace process;
(C) political and economic reform in Saudi Arabia
and throughout the Middle East; and
(D) the promotion of greater tolerance and respect
for cultural and religious diversity in Saudi Arabia
and throughout the Middle East.
SEC. 505. EFFORTS TO COMBAT ISLAMIC TERRORISM BY ENGAGING IN THE
STRUGGLE OF IDEAS IN THE ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While support for the United States has plummeted in
the Islamic world, many negative views are uninformed, at best,
and, at worst, are informed by coarse stereotypes and
caricatures.
(2) Local newspapers in Islamic countries and influential
broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and
Government of the United States are anti-Muslim.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a
commitment to treat all people humanely, abide by the rule of
law, and be generous and caring to the people and governments
of other countries;
(2) the United States should cooperate with governments of
Islamic countries to foster agreement on respect for human
dignity and opportunity, and to offer a vision of a better
future that includes stressing life over death, individual
educational and economic opportunity, widespread political
participation, contempt for indiscriminate violence, respect
for the rule of law, openness in discussing differences, and
tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote
moderation in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to
moderate Arabs and Muslims to combat extremist ideas.
(c) Report on the Struggle of Ideas in the Islamic World.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report that contains a cohesive long-term
strategy for the United States Government to help win the
struggle of ideas in the Islamic world.
(2) Content.--The report required under this section shall
include the following:
(A) A description of specific goals related to
winning this struggle of ideas.
(B) A description of the range of tools available
to the United States Government to accomplish these
goals and the manner in which such tools will be
employed.
(C) A list of benchmarks for measuring success and
a plan for linking resources to the accomplishment of
these goals.
(D) A description of any additional resources that
may be necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and
United States participation in, international
institutions for the promotion of democracy and
economic diversification in the Islamic world, and
intra-regional trade in the Middle East.
(F) An estimate of the level of United States
financial assistance that would be sufficient to
convince United States allies and people in the Islamic
world that engaging in the struggle of ideas in the
Islamic world is a top priority of the United States
and that the United States intends to make a
substantial and sustained commitment toward winning
this struggle.
SEC. 506. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) Finding.--Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, Congress finds that short-
term gains enjoyed by the United States through cooperation with the
world's most repressive and brutal governments are too often outweighed
by long-term setbacks for the stature and interests of the United
States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States foreign policy should promote the value
of life and the importance of individual educational and
economic opportunity, encourage widespread political
participation, condemn indiscriminate violence, and promote
respect for the rule of law, openness in discussing differences
among people, and tolerance for opposing points of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including
those that are friends and allies of the United States, to
condemn indiscriminate violence, promote the value of life,
respect and promote the principles of individual education and
economic opportunity, encourage widespread political
participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for opposing
points of view.
SEC. 507. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and
criminals in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq,
this message is not always clearly presented in the Islamic
world.
(2) If the United States does not act to vigorously define
its message in the Islamic world, the image of the United
States will be defined by Islamic extremists who seek to
demonize the United States.
(3) Recognizing that many Arab and Muslim audiences rely on
satellite television and radio, the United States Government
has launched promising initiatives in television and radio
broadcasting to the Arab world, Iran, and Afghanistan.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States must do more to defend and promote
its values and ideals to the broadest possible audience in the
Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate
expressions of these values reach large audiences in the
Islamic world and should be robustly supported;
(3) the United States Government could and should do more
to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more intensively
employ existing broadcast media in the Islamic world as part of
this engagement.
(c) Report on Outreach Strategy.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit
to Congress a report on the strategy of the United States
Government for expanding its outreach to foreign Muslim
audiences through broadcast media.
(2) Content.--The report shall include the following:
(A) The initiatives of the Broadcasting Board of
Governors and the public diplomacy activities of the
Department of State with respect to outreach to foreign
Muslim audiences.
(B) An outline of recommended actions that the
United States Government should take to more regularly
and comprehensively present a United States point of
view through indigenous broadcast media in countries
with sizable Muslim populations, including increasing
appearances by United States Government officials,
experts, and citizens.
(C) An assessment of potential incentives for, and
costs associated with, encouraging United States
broadcasters to dub or subtitle into Arabic and other
relevant languages their news and public affairs
programs broadcast in the Muslim world in order to
present those programs to a much broader Muslim
audience than is currently reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve
the objectives of the strategy.
(d) Authorizations of Appropriations.--There are authorized to be
appropriated to the President to carry out United States Government
broadcasting activities under the United States Information and
Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the United
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.),
and the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C.
6501 et seq.), and to carry out other activities under this section
consistent with the purposes of such Acts, the following amounts:
(1) International broadcasting operations.--For
International Broadcasting Operations--
(A) $717,160,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the
fiscal years 2006 through 2009.
(2) Broadcasting capital improvements.--For Broadcasting
Capital Improvements--
(A) $11,040,000 for fiscal year 2005; and
(B) such sums as may be necessary for each of the
fiscal years 2006 through 2009.
SEC. 508. USE OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE
ISLAMIC WORLD.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States values and
offer them knowledge and hope.
(b) Sense of Congress.--It is the sense of Congress that the United
States should expand its exchange, scholarship, and library programs,
especially those that benefit people in the Arab and Muslim worlds.
(c) Definitions.--In this section:
(1) Eligible country.--The term ``eligible country'' means
a country or entity in Africa, the Middle East, Central Asia,
South Asia, or Southeast Asia that--
(A) has a sizable Muslim population; and
(B) is designated by the Secretary of State as
eligible to participate in programs under this section.
(2) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of State.
(3) United states entity.--The term ``United States
entity'' means an entity that is organized under the laws of
the United States, any State, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, the United States Virgin
Islands, the Commonwealth of the Northern Mariana Islands,
American Samoa, or any other territory or possession of the
United States.
(4) United states sponsoring organization.--The term
``United States sponsoring organization'' means a
nongovernmental organization that is--
(A) based in the United States; and
(B) controlled by a citizen of the United States or
a United States entity that is designated by the
Secretary, pursuant to regulations, to carry out a
program authorized by subsection (e).
(d) Expansion of Educational and Cultural Exchanges.--
(1) Purpose.--The purpose of this subsection is to provide
for the expansion of international educational and cultural
exchange programs between the United States and eligible
countries.
(2) Specific programs.--In carrying out this subsection,
the Secretary is authorized to conduct or initiate programs in
eligible countries as follows:
(A) Fulbright exchange program.--
(i) Increased number of awards.--The
Secretary is authorized to substantially
increase the number of awards under the J.
William Fulbright Educational Exchange Program.
(ii) International support for fulbright
program.--The Secretary shall work to increase
support for the J. William Fulbright
Educational Exchange Program in eligible
countries in order to enhance academic and
scholarly exchanges with those countries.
(B) Hubert h. humphrey fellowships.--The Secretary
is authorized to substantially increase the number of
Hubert H. Humphrey Fellowships awarded to candidates
from eligible countries.
(C) Sister institutions programs.--The Secretary is
authorized to facilitate the establishment of sister
institution programs between cities and municipalities
and other institutions in the United States and in
eligible countries in order to enhance mutual
understanding at the community level.
(D) Library training exchanges.--The Secretary is
authorized to develop a demonstration program,
including training in the library sciences, to assist
governments in eligible countries to establish or
upgrade the public library systems of such countries
for the purpose of improving literacy.
(E) International visitors program.--The Secretary
is authorized to expand the number of participants from
eligible countries in the International Visitors
Program.
(F) Youth ambassadors.--
(i) In general.--The Secretary is
authorized to establish a youth ambassadors
program for visits by middle and secondary
school students from eligible countries to the
United States to participate in activities,
including cultural and educational activities,
that are designed to familiarize participating
students with United States society and values.
(ii) Visits.--The visits of students who
are participating in the youth ambassador
program under clause (i) shall be scheduled
during the school holidays in the home
countries of the students and may not exceed 4
weeks.
(iii) Criteria.--Students selected to
participate in the youth ambassador program
shall reflect the economic and geographic
diversity of eligible countries.
(G) Education reform.--The Secretary is
authorized--
(i) to expand programs that seek to improve
the quality of primary and secondary school
systems in eligible countries; and
(ii) in order to foster understanding of
the United States, to promote civic education
through teacher exchanges, teacher training,
textbook modernization, and other efforts.
(H) Promotion of religious freedom.--The Secretary
is authorized to establish a program to promote
dialogue and exchange among leaders and scholars of all
faiths from the United States and eligible countries.
(I) Bridging the digital divide.--The Secretary is
authorized to establish a program to help foster access
to information technology among underserved populations
and by civil society groups in eligible countries.
(J) People-to-people diplomacy.--The Secretary is
authorized to expand efforts to promote United States
public diplomacy interests in eligible countries
through cultural, arts, entertainment, sports and other
exchanges.
(K) College scholarships.--
(i) In general.--The Secretary is
authorized to establish a program to offer
scholarships to permit individuals to attend
eligible colleges and universities.
(ii) Eligibility for program.--To be
eligible for the scholarship program, an
individual shall be a citizen or resident of an
eligible country who has graduated from a
secondary school in an eligible country.
(iii) Eligible college or university
defined.--In this subparagraph, the term
``eligible college or university'' means a
college or university that is organized under
the laws of the United States, a State, or the
District of Columbia, accredited by an
accrediting agency recognized by the Secretary
of Education, and primarily located in, but not
controlled by, an eligible country.
(L) Language training program.--The Secretary is
authorized to provide travel and subsistence funding
for students who are United States citizens to travel
to eligible countries to participate in immersion
training programs in languages used in such countries
and to develop regulations governing the provision of
such funding.
(e) Secondary School Exchange Program.--
(1) In general.--The Secretary is authorized to establish
an international exchange visitor program, modeled on the
Future Leaders Exchange Program established under the FREEDOM
Support Act (22 U.S.C. 5801 et seq.), for eligible students
to--
(A) attend public secondary school in the United
States;
(B) live with a host family in the United States;
and
(C) participate in activities designed to promote a
greater understanding of United States and Islamic
values and culture.
(2) Eligible student defined.--In this subsection, the term
``eligible student'' means an individual who--
(A) is a national of an eligible country;
(B) is at least 15 years of age but not more than
18 years and 6 months of age at the time of enrollment
in the program;
(C) is enrolled in a secondary school in an
eligible country;
(D) has completed not more than 11 years of primary
and secondary education, exclusive of kindergarten;
(E) demonstrates maturity, good character, and
scholastic aptitude, and has the proficiency in the
English language necessary to participate in the
program;
(F) has not previously participated in an exchange
program in the United States sponsored by the
Government of the United States; and
(G) is not prohibited from entering the United
States under any provision of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) or any other
provision of law related to immigration and
nationality.
(3) Compliance with visa requirements.--An eligible student
may not participate in the exchange visitor program authorized
by paragraph (1) unless the eligible student has the status of
nonimmigrant under section 101(a)(15)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(J)).
(4) Broad participation.--Whenever appropriate, the
Secretary shall make special provisions to ensure the broadest
possible participation in the exchange visitor program
authorized by paragraph (1), particularly among females and
less advantaged citizens of eligible countries.
(5) Designated exchange visitor program.--The exchange
visitor program authorized by paragraph (1) shall be a
designated exchange visitor program for the purposes of section
641 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1372).
(6) Regular reporting to the secretary.--If the Secretary
utilizes a United States sponsoring organization to carry out
the exchange visitor program authorized by paragraph (1), such
United States sponsoring organization shall report regularly to
the Secretary on the progress it has made to implement such
program.
(f) Report on Expediting Visas for Participants in Exchange,
Scholarship, and Visitors Programs.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary and the Secretary of
Homeland Security shall submit to Congress a report on
expediting the issuance of visas to individuals who are
entering the United States for the purpose of participating in
a scholarship, exchange, or visitor program authorized in
subsection (d) or (e) without compromising the security of the
United States.
(2) Recommendations.--The report required by paragraph (1)
shall include--
(A) the recommendations of the Secretary and the
Secretary of Homeland Security, if any, for methods to
expedite the processing of requests for such visas; and
(B) a proposed schedule for implementing any
recommendations described in subparagraph (A).
(g) Authorization of Appropriations.--Of the amounts authorized to
be appropriated for educational and cultural exchange programs for
fiscal year 2005, there is authorized to be appropriated to the
Department of State $60,000,000 to carry out programs under this
section.
SEC. 509. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate Islamist terrorism.
(2) Education in the Middle East about the world outside
that region is weak.
(3) The United Nations has rightly equated literacy with
freedom.
(4) The international community is moving toward setting a
concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education
programs targeting women and girls and programs for adult
literacy, and by other means.
(5) To be effective, the effort to improve education in the
Middle East must also include--
(A) support for the provision of basic education
tools, such as textbooks that translate more of the
world's knowledge into local languages and local
libraries to house such materials; and
(B) more vocational education in trades and
business skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been
developed for other regions of the world.
(b) International Youth Opportunity Fund.--
(1) Establishment.--
(A) In general.--The President shall establish an
International Youth Opportunity Fund (hereafter in this
section referred to as the ``Fund'').
(B) International participation.--The President
shall seek the cooperation of the international
community in establishing and generously supporting the
Fund.
(2) Purpose.--The purpose of the Fund shall be to provide
financial assistance for the improvement of public education in
the Middle East, including assistance for the construction and
operation of primary and secondary schools in countries that
have a sizable Muslim population and that commit to sensibly
investing their own financial resources in public education.
(3) Eligibility for assistance.--
(A) Determination.--The Secretary of State, in
coordination with the Administrator of the United
States Agency for International Development, shall
determine which countries are eligible for assistance
through the Fund.
(B) Criteria.--In determining whether a country is
eligible for assistance, the Secretary shall consider
whether the government of that country is sensibly
investing financial resources in public education and
is committed to promoting a system of education that
teaches tolerance, the dignity and value of each
individual, and respect for different beliefs.
(4) Use of funds.--Financial assistance provided through
the Fund shall be used for expanding literacy programs,
providing textbooks, reducing the digital divide, expanding
vocational and business education, constructing and operating
public schools, establishing local libraries, training teachers
in modern education techniques, and promoting public education
that teaches tolerance, the dignity and value of each
individual, and respect for different beliefs.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, the
Secretary of State and the Administrator of the United States
Agency for International Development shall jointly prepare and
submit to Congress a report on the improvement of education in
the Middle East.
(2) Content.--Reports submitted under this subsection shall
include the following:
(A) A general strategy for working with eligible
host governments in the Middle East toward establishing
the International Youth Opportunity Fund and related
programs.
(B) A listing of countries that are eligible for
assistance under such programs.
(C) A description of the specific programs
initiated in each eligible country and the amount
expended in support of such programs.
(D) A description of activities undertaken to close
the digital divide and expand vocational and business
skills in eligible countries.
(E) A listing of activities that could be
undertaken if additional funding were provided and the
amount of funding that would be necessary to carry out
such activities.
(F) A strategy for garnering programmatic and
financial support from international organizations and
other countries in support of the Fund and activities
related to the improvement of public education in
eligible countries.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the President for the establishment of the
International Youth Opportunity Fund, in addition to any amounts
otherwise available for such purpose, $40,000,000 for fiscal year 2005
and such sums as may be necessary for fiscal years 2006 through 2009.
SEC. 510. REPORT ON THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies
and repressive political regimes.
(2) Policies that support economic development and reform
also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist between
the United States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between the
United States and Islamic countries are drawing interest from
other countries in the Middle East region, and Islamic
countries can become full participants in the rules-based
global trading system, as the United States considers lowering
its barriers to trade with the poorest Arab countries.
(b) Sense of Congress.--It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage
development, open societies, and opportunities for people to
improve the lives of their families and to enhance prospects
for their children's future;
(2) 1 element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have
a significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries
that have a significant population of Arab or Muslim
individuals, including efforts to integrate such countries into
the global trading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the United
States should devote an increased proportion of its assistance
to countries in the Middle East to the promotion of the rule of
law.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on the efforts of the United States
Government to encourage development and promote economic reform
in countries that have a significant population of Arab or
Muslim individuals.
(2) Content.--The report required under this subsection
shall describe--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the
global trading system; and
(B) actions that the United States Government,
acting alone and in partnership with other governments
in the Middle East, can take to promote intra-regional
trade and the rule of law in the region.
SEC. 511. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for fiscal year 2005 $200,000,000 for the Middle East
Partnership Initiative.
(b) Sense of Congress.--It is the sense of Congress that, given the
importance of the rule of law and economic reform to development in the
Middle East, a significant portion of the funds authorized to be
appropriated under subsection (a) should be made available to promote
the rule of law in the Middle East.
SEC. 512. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Almost every aspect of the counterterrorism strategy of
the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments
concerning counterterrorism have expanded significantly, but
such contacts have often been ad hoc and not integrated as a
comprehensive and unified approach.
(b) International Contact Group on Counterterrorism.--
(1) Sense of congress.--It is the sense of Congress that
the President--
(A) should seek to engage the leaders of the
governments of other countries in a process of
advancing beyond separate and uncoordinated national
counterterrorism strategies to develop with those other
governments a comprehensive coalition strategy to fight
Islamist terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact group
with the leaders of governments providing leadership in
global counterterrorism efforts and governments of
countries with sizable Muslim populations, to be used
as a ready and flexible international means for
discussing and coordinating the development of
important counterterrorism policies by the
participating governments.
(2) Authority.--The President is authorized to establish an
international counterterrorism policy contact group with the
leaders of governments referred to in paragraph (1) for
purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the
various components of international prosecution of the
war on terrorism, including policies and a strategy
that address military issues, law enforcement, the
collection, analysis, and dissemination of
intelligence, issues relating to interdiction of travel
by terrorists, counterterrorism-related customs issues,
financial issues, and issues relating to terrorist
sanctuaries.
(B) To address, to the extent (if any) that the
President and leaders of other participating
governments determine appropriate, such long-term
issues as economic and political reforms that can
contribute to strengthening stability and security in
the Middle East.
SEC. 513. DETENTION AND HUMANE TREATMENT OF CAPTURED TERRORISTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Carrying out the global war on terrorism requires the
development of policies with respect to the detention and
treatment of captured international terrorists that is adhered
to by all coalition forces.
(2) Article 3 of the Convention Relative to the Treatment
of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual
rules of war do not apply, and the minimum standards of
treatment pursuant to such Article are generally accepted
throughout the world as customary international law.
(b) Definitions.--In this section:
(1) Cruel, inhuman, or degrading treatment or punishment.--
The term ``cruel, inhuman, or degrading treatment or
punishment'' means the cruel, unusual, and inhumane treatment
or punishment prohibited by the 5th amendment, 8th amendment,
or 14th amendment to the Constitution.
(2) Geneva conventions.--The term ``Geneva Conventions''
means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in
the Field, done at Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members
of Armed Forces at Sea, done at Geneva August 12, 1949
(6 UST 3217);
(C) the Convention Relative to the Treatment of
Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316); and
(D) the Convention Relative to the Protection of
Civilian Persons in Time of War, done at Geneva August
12, 1949 (6 UST 3516).
(3) Prisoner.--The term ``prisoner'' means a foreign
individual captured, detained, interned, or otherwise held in
the custody of the United States.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Defense.
(5) Torture.--The term ``torture'' has the meaning given
that term in section 2340 of title 18, United States Code.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should engage countries that are
participating in the coalition to fight terrorism to develop a
common approach toward the detention and humane treatment of
captured international terrorists; and
(2) an approach toward the detention and humane treatment
of captured international terrorists developed by the countries
participating in the coalition to fight terrorism could draw
upon Article 3 of the Convention Relative to the Treatment of
Prisoners of War, the principles of which are commonly accepted
as minimum basic standards for humane treatment of captured
individuals.
(d) Policy.--It is the policy of the United States--
(1) to treat any prisoner humanely and in accordance with
standards that the Government of the United States would
determine to be consistent with international law if such
standards were applied to personnel of the United States
captured by an enemy in the war on terrorism;
(2) if there is any doubt as to whether a prisoner is
entitled to the protections afforded by the Geneva Conventions,
to provide the prisoner such protections until the status of
the prisoner is determined under the procedures authorized by
paragraph 1-6 of Army Regulation 190-8 (1997); and
(3) to expeditiously prosecute cases of terrorism or other
criminal acts alleged to have been committed by prisoners in
the custody of the United States Armed Forces at Guantanamo
Bay, Cuba, in order to avoid the indefinite detention of such
prisoners.
(e) Prohibition on Torture or Cruel, Inhuman, or Degrading
Treatment or Punishment.--
(1) In general.--No prisoner shall be subject to torture or
cruel, inhuman, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the United
States.
(2) Relationship to geneva conventions.--Nothing in this
section shall affect the status of any person under the Geneva
Conventions or whether any person is entitled to the
protections of the Geneva Conventions.
(f) Rules, Regulations, and Guidelines.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe the
rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (e)(1) by the
members of the Armed Forces of the United States and by any
person providing services to the Department of Defense on a
contract basis.
(2) Report to congress.--The Secretary shall submit to
Congress the rules, regulations, or guidelines prescribed under
paragraph (1), and any modifications to such rules,
regulations, or guidelines--
(A) not later than 30 days after the effective date
of such rules, regulations, guidelines, or
modifications; and
(B) in a manner and form that will protect the
national security interests of the United States.
(g) Report on Possible Violations.--
(1) Requirement.--The Secretary shall submit, on a timely
basis and not less than twice each year, a report to Congress
on the circumstances surrounding any investigation of a
possible violation of the prohibition in subsection (e)(1) by a
member of the Armed Forces of the United States or by a person
providing services to the Department of Defense on a contract
basis.
(2) Form of report.--A report required under paragraph (1)
shall be submitted in a manner and form that--
(A) will protect the national security interests of
the United States; and
(B) will not prejudice any prosecution of an
individual involved in, or responsible for, a violation
of the prohibition in subsection (e)(1).
(h) Report on a Coalition Approach Toward the Detention and Humane
Treatment of Captured Terrorists.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit to
Congress a report describing the efforts of the United States
Government to develop an approach toward the detention and humane
treatment of captured international terrorists that will be adhered to
by all countries that are members of the coalition against terrorism.
SEC. 514. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Al Qaeda has tried to acquire or make weapons of mass
destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for
use of any such weapon by al Qaeda.
(3) Although the United States Government has redoubled its
international commitments to supporting the programs for
Cooperative Threat Reduction and other nonproliferation
assistance programs, nonproliferation experts continue to
express deep concern about the United States Government's
commitment and approach to securing the weapons of mass
destruction and related highly dangerous materials that are
still scattered among Russia and other countries of the former
Soviet Union.
(4) The cost of increased investment in the prevention of
proliferation of weapons of mass destruction and related
dangerous materials is greatly outweighed by the potentially
catastrophic cost to the United States of use of weapons of
mass destruction or related dangerous materials by the
terrorists who are so eager to acquire them.
(b) Sense of Congress.--It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of weapons
of mass destruction, wherever such proliferation may occur, is
warranted; and
(2) the programs of the United States Government to prevent
or counter the proliferation of weapons of mass destruction,
including the Proliferation Security Initiative, the programs
for Cooperative Threat Reduction, and other nonproliferation
assistance programs, should be expanded, improved, and better
funded to address the global dimensions of the proliferation
threat.
(c) Requirement for Strategy.--Not later than 180 days after the
date of the enactment of this Act, the President shall submit to
Congress--
(1) a strategy for expanding and strengthening the
Proliferation Security Initiative, the programs for Cooperative
Threat Reduction, and other nonproliferation assistance
programs; and
(2) an estimate of the funding necessary to execute that
strategy.
(d) Report on Reforming the Cooperative Threat Reduction Program
and Other Non-Proliferation Assistance Programs.--Not later than 180
days after the date of the enactment of this Act, the President shall
submit to Congress a report evaluating whether the United States could
more effectively address the global threat of nuclear proliferation
by--
(1) establishing a central coordinator for the programs for
Cooperative Threat Reduction;
(2) eliminating the requirement that the President spend no
more than $50,000,000 annually on programs for Cooperative
Threat Reduction and other non-proliferation assistance
programs carried out outside the former Soviet Union; or
(3) repealing the provisions of the Soviet Nuclear Threat
Reduction Act of 1991 (22 U.S.C. 2551 note) that place
conditions on assistance to the former Soviet Union unrelated
to bilateral cooperation on weapons dismantlement.
SEC. 515. FINANCING OF TERRORISM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful, efforts
to target the relatively small number of al Qaeda financial
facilitators have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to al
Qaeda, and has made it more difficult for al Qaeda to raise and
move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to
continue the cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding
terror networks, searching them out, and disrupting their
operations.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the primary weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial
facilitators by intelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount
in United States counter-terrorism efforts.
(c) Report on Terrorist Financing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to
Congress a report evaluating the effectiveness of United States
efforts to curtail the international financing of terrorism.
(2) Contents.--The report required by paragraph (1) shall
evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to
track terrorist financing;
(B) ways to improve international governmental
cooperation in this effort;
(C) ways to improve performance of financial
institutions in this effort;
(D) the adequacy of agency coordination in this
effort and ways to improve that coordination; and
(E) recommendations for changes in law and
additional resources required to improve this effort.
TITLE VI--TERRORIST TRAVEL AND EFFECTIVE SCREENING
SEC. 601. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet,
train, plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels,
present themselves to border security officials, or attempt to
circumvent inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas,
specific travel methods and routes, liaisons with corrupt
government officials, human smuggling networks, supportive
travel agencies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an
agency had done so, the agency could have discovered the ways
in which the terrorist predecessors to al Qaeda had been
systematically, but detectably, exploiting weaknesses in our
border security since the early 1990s.
(5) Many of the hijackers were potentially vulnerable to
interception by border authorities. Analyzing their
characteristic travel documents and travel patterns could have
allowed authorities to intercept some of the hijackers and a
more effective use of information available in Government
databases could have identified some of the hijackers.
(6) The routine operations of our immigration laws and the
aspects of those laws not specifically aimed at protecting
against terrorism inevitably shaped al Qaeda's planning and
opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into
the front lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has produced
useful results and should be expanded.
(b) Strategy.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to Congress unclassified and classified versions of a
strategy for combining terrorist travel intelligence,
operations, and law enforcement into a cohesive effort to
intercept terrorists, find terrorist travel facilitators, and
constrain terrorist mobility domestically and internationally.
The report to Congress should include a description of the
actions taken to implement the strategy.
(2) Accountability.--The strategy submitted under paragraph
(1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and
intelligence regarding terrorist travel tactics and
methods; and
(B) outline which Federal intelligence, diplomatic,
and law enforcement agencies will be held accountable
for implementing each element of the strategy.
(3) Coordination.--The strategy shall be developed in
coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence
community.
(4) Contents.--The strategy shall address--
(A) the intelligence and law enforcement
collection, analysis, operations, and reporting
required to identify and disrupt terrorist travel
practices and trends, and the terrorist travel
facilitators, document forgers, human smugglers, travel
agencies, and corrupt border and transportation
officials who assist terrorists;
(B) the initial and ongoing training and training
materials required by consular, border, and immigration
officials to effectively detect and disrupt terrorist
travel described under subsection (c)(3);
(C) the new procedures required and actions to be
taken to integrate existing counterterrorist travel and
mobility intelligence into border security processes,
including consular, port of entry, border patrol,
maritime, immigration benefits, and related law
enforcement activities;
(D) the actions required to integrate current
terrorist mobility intelligence into military force
protection measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for
purposes of combatting terrorist travel, including
further developing and expanding enforcement and
operational capabilities that address terrorist travel;
(F) the additional resources to be given to the
Directorate of Information and Analysis and
Infrastructure Protection to aid in the sharing of
information between the frontline border agencies of
the Department of Homeland Security and classified and
unclassified sources of counterterrorist travel
intelligence and information elsewhere in the Federal
Government, including the Human Smuggling and
Trafficking Center;
(G) the development and implementation of
procedures to enable the Human Smuggling and
Trafficking Center to timely receive terrorist travel
intelligence and documentation obtained at consulates
and ports of entry, and by law enforcement officers and
military personnel;
(H) the use of foreign and technical assistance to
advance border security measures and law enforcement
operations against terrorist travel facilitators;
(I) the development of a program to provide each
consular, port of entry, and immigration benefits
office with a counterterrorist travel expert trained
and authorized to use the relevant authentication
technologies and cleared to access all appropriate
immigration, law enforcement, and intelligence
databases;
(J) the feasibility of digitally transmitting
passport information to a central cadre of specialists
until such time as experts described under subparagraph
(I) are available at consular, port of entry, and
immigration benefits offices; and
(K) granting consular officers the security
clearances necessary to access law enforcement
sensitive databases.
(c) Frontline Counterterrorist Travel Technology and Training.--
(1) Technology acquisition and dissemination plan.--Not
later than 180 days after the date of enactment of this Act,
the Secretary of Homeland Security, in conjunction with the
Secretary of State, shall submit to Congress a plan describing
how the Department of Homeland Security and the Department of
State can acquire and deploy, to all consulates, ports of
entry, and immigration benefits offices, technologies that
facilitate document authentication and the detection of
potential terrorist indicators on travel documents.
(2) Contents of plan.--The plan submitted under paragraph
(1) shall--
(A) outline the timetable needed to acquire and
deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies;
and
(ii) train personnel on use of these
technologies; and
(C) address the feasibility of using these
technologies to screen every passport submitted for
identification purposes to a United States consular,
border, or immigration official.
(3) Training program.--
(A) In general.--The Secretary of Homeland Security
and the Secretary of State shall develop and implement
an initial and annual training program for consular,
border, and immigration officials to teach such
officials how to effectively detect and disrupt
terrorist travel. The Secretary may assist State,
local, and tribal governments, and private industry, in
establishing training programs related to terrorist
travel intelligence.
(B) Training topics.--The training developed under
this paragraph shall include training in--
(i) methods for identifying fraudulent
documents;
(ii) detecting terrorist indicators on
travel documents;
(iii) recognizing travel patterns, tactics,
and behaviors exhibited by terrorists;
(iv) the use of information contained in
available databases and data systems and
procedures to maintain the accuracy and
integrity of such systems; and
(v) other topics determined necessary by
the Secretary of Homeland Security and the
Secretary of State.
(C) Certification.--Not later than 1 year after the
date of enactment of this Act--
(i) the Secretary of Homeland Security
shall certify to Congress that all border and
immigration officials have received training
under this paragraph; and
(ii) the Secretary of State shall certify
to Congress that all consular officers have
received training under this paragraph.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry
out the provisions of this subsection.
(d) Enhancing Classified Counterterrorist Travel Efforts.--
(1) In general.--The National Intelligence Director shall
significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on
terrorist travel.
(2) Authorization of appropriations.--There are authorized
to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this
subsection.
SEC. 602. INTEGRATED SCREENING SYSTEM.
(a) In General.--The Secretary of Homeland Security shall develop a
plan for a comprehensive integrated screening system.
(b) Design.--The system planned under subsection (a) shall be
designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system,
transportation system, and critical infrastructure or
facilities that the Secretary determines need to be protected
against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector
security initiatives, in a manner that will enable the
utilization of a range of security check points in a continuous
and consistent manner throughout the Nation's screening system;
(3) allow access to government databases to detect
terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate and feasible.
(c) Standards for Screening Procedures.--
(1) Authorization.--The Secretary may promulgate standards
for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary
determines need to be protected against terrorist
attack;
(C) accessing critical infrastructure that the
Secretary determines need to be protected against
terrorist attack; and
(D) accessing modes of transportation that the
Secretary determines need to be protected against
terrorist attack.
(2) Scope.--Standards prescribed under this subsection may
address a range of factors, including technologies required to
be used in screening and requirements for secure
identification.
(3) Requirements.--In promulgating standards for screening
procedures, the Secretary shall--
(A) consider and incorporate appropriate civil
liberties and privacy protections;
(B) comply with the Administrative Procedure Act;
and
(C) consult with other Federal, State, local, and
tribal governments, and other interested parties, as
appropriate.
(4) Limitation.--This section does not confer to the
Secretary new statutory authority, or alter existing
authorities, over systems, critical infrastructure, and
facilities.
(5) Notification.--If the Secretary determines that
additional regulatory authority is needed to fully implement
the plan for an integrated screening system, the Secretary
shall immediately notify Congress.
(d) Compliance.--The Secretary may issue regulations to ensure
compliance with the standards promulgated under this section.
(e) Consultation.--For those systems, critical infrastructure, and
facilities that the Secretary determines need to be protected against
terrorist attack, the Secretary shall consult with other Federal
agencies, State, local, and tribal governments, and the private sector
to ensure the development of consistent standards and consistent
implementation of the integrated screening system.
(f) Biometric Identifiers.--In carrying out this section, the
Secretary shall continue to review biometric technologies and existing
Federal and State programs using biometric identifiers. Such review
shall consider the accuracy rate of available technologies.
(g) Implementation.--
(1) Phase i.--The Secretary shall--
(A) issue standards for driver's licenses, personal
identification cards, and birth certificates, as
required under section 606;
(B) develop plans for, and begin implementation of,
a single program for registered travelers to expedite
travel across the border, as required under section
603(e);
(C) continue the implementation of a biometric exit
and entry data system that links to relevant databases
and data systems, as required by subsections (b) and
(c) of section 603 and other existing authorities;
(D) centralize the ``no-fly'' and ``automatic-
selectee'' lists, making use of improved terrorists
watch lists, as required by section 703;
(E) develop plans, in consultation with other
relevant agencies, for the sharing of terrorist
information with trusted governments, as required by
section 605;
(F) initiate any other action determined
appropriate by the Secretary to facilitate the
implementation of this paragraph; and
(G) report to Congress on the implementation of
phase I, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) plans for the development and
implementation of phases II and III.
(2) Phase ii.--The Secretary shall--
(A) complete the implementation of a single program
for registered travelers to expedite travel across the
border, as required by section 603(e);
(B) complete the implementation of a biometric
entry and exit data system that links to relevant
databases and data systems, as required by subsections
(b) and (c) of section 603, and other existing
authorities;
(C) in cooperation with other relevant agencies,
engage in dialogue with foreign governments to develop
plans for the use of common screening standards;
(D) initiate any other action determined
appropriate by the Secretary to facilitate the
implementation of this paragraph; and
(E) report to Congress on the implementation of
phase II, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) the plans for the development and
implementation of phase III.
(3) Phase iii.--The Secretary shall--
(A) finalize and deploy the integrated screening
system required by subsection (a);
(B) in cooperation with other relevant agencies,
promote the implementation of common screening
standards by foreign governments; and
(C) report to Congress on the implementation of
Phase III, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with
statutory provisions, and safeguards for
privacy and civil liberties; and
(ii) the plans for the ongoing operation of
the integrated screening system.
(h) Report.--After phase III has been implemented, the Secretary
shall submit a report to Congress every 3 years that describes the
ongoing operation of the integrated screening system, including its
effectiveness, efficient use of resources, compliance with statutory
provisions, and safeguards for privacy and civil liberties.
(i) Authorizations.--There are authorized to be appropriated to the
Secretary for each of the fiscal years 2005 through 2009, such sums as
may be necessary to carry out the provisions of this section.
SEC. 603. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that completing a biometric entry and exit data system as expeditiously
as possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
(b) Plan and Report.--
(1) Development of plan.--The Secretary of Homeland
Security shall develop a plan to accelerate the full
implementation of an automated biometric entry and exit data
system required by applicable sections of--
(A) the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208);
(B) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106-
205);
(C) the Visa Waiver Permanent Program Act (Public
Law 106-396);
(D) the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Public Law 107-173); and
(E) the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT ACT) Act of 2001
(Public Law 107-56).
(2) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which shall
contain--
(A) a description of the current functionality of
the entry and exit data system, including--
(i) a listing of ports of entry with
biometric entry data systems in use and whether
such screening systems are located at primary
or secondary inspection areas;
(ii) a listing of ports of entry with
biometric exit data systems in use;
(iii) a listing of databases and data
systems with which the automated entry and exit
data system are interoperable;
(iv) a description of--
(I) identified deficiencies
concerning the accuracy or integrity of
the information contained in the entry
and exit data system;
(II) identified deficiencies
concerning technology associated with
processing individuals through the
system; and
(III) programs or policies planned
or implemented to correct problems
identified in subclause (I) or (II);
and
(v) an assessment of the effectiveness of
the entry and exit data system in fulfilling
its intended purposes, including preventing
terrorists from entering the United States;
(B) a description of factors relevant to the
accelerated implementation of the biometric entry and
exit system, including--
(i) the earliest date on which the
Secretary estimates that full implementation of
the biometric entry and exit data system can be
completed;
(ii) the actions the Secretary will take to
accelerate the full implementation of the
biometric entry and exit data system at all
ports of entry through which all aliens must
pass that are legally required to do so; and
(iii) the resources and authorities
required to enable the Secretary to meet the
implementation date described in clause (i);
(C) a description of any improvements needed in the
information technology employed for the entry and exit
data system; and
(D) a description of plans for improved or added
interoperability with any other databases or data
systems.
(c) Integration Requirement.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall integrate the biometric
entry and exit data system with all databases and data systems
maintained by the United States Citizenship and Immigration Services
that process or contain information on aliens.
(d) Maintaining Accuracy and Integrity of Entry and Exit Data
System.--
(1) In general.--The Secretary, in consultation with other
appropriate agencies, shall establish rules, guidelines,
policies, and operating and auditing procedures for collecting,
removing, and updating data maintained in, and adding
information to, the entry and exit data system, and databases
and data systems linked to the entry and exit data system, that
ensure the accuracy and integrity of the data.
(2) Requirements.--The rules, guidelines, policies, and
procedures established under paragraph (1) shall--
(A) incorporate a simple and timely method for--
(i) correcting errors; and
(ii) clarifying information known to cause
false hits or misidentification errors; and
(B) include procedures for individuals to seek
corrections of data contained in the data systems.
(e) Expediting Registered Travelers Across International Borders.--
(1) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened
and known travelers across the borders of the United
States should be a high priority; and
(B) the process of expediting known travelers
across the border can permit inspectors to better focus
on identifying terrorists attempting to enter the
United States.
(2) Definition.--The term ``registered traveler program''
means any program designed to expedite the travel of previously
screened and known travelers across the borders of the United
States.
(3) Registered travel plan.--
(A) In general.--As soon as is practicable, the
Secretary shall develop and implement a plan to
expedite the processing of registered travelers who
enter and exit the United States through a single
registered traveler program.
(B) Integration.--The registered traveler program
developed under this paragraph shall be integrated into
the automated biometric entry and exit data system
described in this section.
(C) Review and evaluation.--In developing the
program under this paragraph, the Secretary shall--
(i) review existing programs or pilot
projects designed to expedite the travel of
registered travelers across the borders of the
United States;
(ii) evaluate the effectiveness of the
programs described in clause (i), the costs
associated with such programs, and the costs to
travelers to join such programs; and
(iii) increase research and development
efforts to accelerate the development and
implementation of a single registered traveler
program.
(4) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the Department's progress on the development
and implementation of the plan required by this subsection.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary, for each of the fiscal years 2005
through 2009, such sums as may be necessary to carry out the provisions
of this section.
SEC. 604. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that--
(1) existing procedures allow many individuals to enter the
United States by showing minimal identification or without
showing any identification;
(2) the planning for the terrorist attacks of September 11,
2001, demonstrates that terrorists study and exploit United
States vulnerabilities; and
(3) additional safeguards are needed to ensure that
terrorists cannot enter the United States.
(b) Biometric Passports.--
(1) Development of plan.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
develop and implement a plan as expeditiously as possible to
require biometric passports or other identification deemed by
the Secretary to be at least as secure as a biometric passport,
for all travel into the United States by United States citizens
and by categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of the Immigration and Nationality Act (8 U.S.C.
1182(d)(4)(B)).
(2) Requirement to produce documentation.--The plan
developed under paragraph (1) shall require all United States
citizens, and categories of individuals for whom documentation
requirements have previously been waived under section
212(d)(4)(B) of such Act, to carry and produce the
documentation described in paragraph (1) when traveling from
foreign countries into the United States.
(c) Technical and Conforming Amendments.--After the complete
implementation of the plan described in subsection (b)--
(1) the Secretary of State and the Attorney General may no
longer exercise discretion under section 212(d)(4)(B) of such
Act to waive documentary requirements for travel into the
United States; and
(2) the President may no longer exercise discretion under
section 215(b) of such Act to waive documentary requirements
for United States citizens departing from or entering, or
attempting to depart from or enter, the United States, unless
the Secretary of State determines that the alternative
documentation that is the basis for the waiver of the
documentary requirement is at least as secure as a biometric
passport.
(d) Transit Without Visa Program.--The Secretary of State shall not
use any authorities granted under section 212(d)(4)(C) of such Act
until the Secretary, in conjunction with the Secretary of Homeland
Security, completely implements a security plan to fully ensure secure
transit passage areas to prevent aliens proceeding in immediate and
continuous transit through the United States from illegally entering
the United States.
SEC. 605. EXCHANGE OF TERRORIST INFORMATION.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with
listings of lost and stolen passports, will have immediate
security benefits; and
(2) the further away from the borders of the United States
that screening occurs, the more security benefits the United
States will gain.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should exchange terrorist
information with trusted allies;
(2) the United States Government should move toward real-
time verification of passports with issuing authorities;
(3) where practicable the United States Government should
conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other
countries to ensure effective inspection regimes at all
airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign
assistance to countries that need help making the transition to
the global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) Report Regarding the Exchange of Terrorist Information.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of State and the Secretary
of Homeland Security, working with other agencies, shall submit
to the appropriate committees of Congress a report on Federal
efforts to collaborate with allies of the United States in the
exchange of terrorist information.
(2) Contents.--The report shall outline--
(A) strategies for increasing such collaboration
and cooperation;
(B) progress made in screening passengers before
their departure to the United States; and
(C) efforts to work with other countries to
accomplish the goals described under this section.
SEC. 606. MINIMUM STANDARDS FOR IDENTIFICATION-RELATED DOCUMENTS.
(a) In General.--Subtitle H of title VIII of the Homeland Security
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the
following:
``SEC. 890A. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
``(a) Definition.--In this section, the term `birth certificate'
means a certificate of birth--
``(1) for an individual (regardless of where born)--
``(A) who is a citizen or national of the United
States at birth; and
``(B) whose birth is registered in the United
States; and
``(2) that--
``(A) is issued by a Federal, State, or local
government agency or authorized custodian of record and
produced from birth records maintained by such agency
or custodian of record; or
``(B) is an authenticated copy, issued by a
Federal, State, or local government agency or
authorized custodian of record, of an original
certificate of birth issued by such agency or custodian
of record.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--Beginning 2 years after the promulgation
of minimum standards under paragraph (2), no Federal agency may
accept a birth certificate for any official purpose unless the
certificate conforms to such standards.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for birth certificates for use by
Federal agencies for official purposes that--
``(A) at a minimum, shall require certification of
the birth certificate by the State or local government
custodian of record that issued the certificate, and
shall require the use of safety paper, the seal of the
issuing custodian of record, and other features
designed to prevent tampering, counterfeiting, or
otherwise duplicating the birth certificate for
fraudulent purposes;
``(B) shall establish requirements for proof and
verification of identity as a condition of issuance of
a birth certificate, with additional security measures
for the issuance of a birth certificate for a person
who is not the applicant;
``(C) may not require a single design to which
birth certificates issued by all States must conform;
and
``(D) shall accommodate the differences between the
States in the manner and form in which birth records
are stored and birth certificates are produced from
such records.
``(3) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with State vital statistics offices and
appropriate Federal agencies.
``(4) Extension of effective date.--The Secretary may
extend the 2-year date under paragraph (1) by up to 2
additional years for birth certificates issued before that 2-
year date if the Secretary determines that the States are
unable to comply with such date after making reasonable efforts
to do so.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--
``(A) In general.--Beginning on the date a final
regulation is promulgated under subsection (b)(2), the
Secretary shall make grants to States to assist them in
conforming to the minimum standards for birth
certificates set forth in the regulation.
``(B) Allocation of grants.--The Secretary shall
make grants to States under this paragraph based on the
proportion that the estimated average annual number of
birth certificates issued by a State applying for a
grant bears to the estimated average annual number of
birth certificates issued by all States.
``(2) Assistance in matching birth and death records.--
``(A) In general.--The Secretary, in coordination
with other appropriate Federal agencies, shall make
grants to States to assist them in--
``(i) computerizing their birth and death
records;
``(ii) developing the capability to match
birth and death records within each State and
among the States; and
``(iii) noting the fact of death on the
birth certificates of deceased persons.
``(B) Allocation of grants.--The Secretary shall
make grants to States under this paragraph based on the
proportion that the estimated annual average number of
birth and death records created by a State applying for
a grant bears to the estimated annual average number of
birth and death records originated by all States.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this section.
``SEC. 890B. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
``(a) Definitions.--In this section:
``(1) Driver's license.--The term `driver's license' means
a motor vehicle operator's license as defined in section
30301(5) of title 49, United States Code.
``(2) Personal identification card.--The term `personal
identification card' means an identification document (as
defined in section 1028(d)(3) of title 18, United States Code)
issued by a State.
``(b) Standards for Acceptance by Federal Agencies.--
``(1) In general.--
``(A) Limitation on acceptance.--No Federal agency
may accept, for any official purpose, a driver's
license or personal identification card issued by a
State more than 2 years after the promulgation of the
minimum standards under paragraph (2) unless the
driver's license or personal identification card
conforms to such minimum standards.
``(B) Date for conformance.--The Secretary shall
establish a date after which no driver's license or
personal identification card shall be accepted by a
Federal agency for any official purpose unless such
driver's license or personal identification card
conforms to the minimum standards established under
paragraph (2). The date shall be as early as the
Secretary determines it is practicable for the States
to comply with such date with reasonable efforts.
``(2) Minimum standards.--Within 1 year after the date of
enactment of this section, the Secretary shall by regulation
establish minimum standards for driver's licenses or personal
identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
``(A) standards for documentation required as proof
of identity of an applicant for a driver's license or
identification card;
``(B) standards for third-party verification of the
authenticity of documents used to obtain a driver's
license or identification card;
``(C) standards for the processing of applications
for driver's licenses and identification cards to
prevent fraud;
``(D) security standards to ensure that driver's
licenses and identification cards are--
``(i) resistant to tampering, alteration,
or counterfeiting; and
``(ii) capable of accommodating a digital
photograph or other unique identifier; and
``(E) a requirement that a State confiscate a
driver's license or identification card if any
component or security feature of the license or
identification card is compromised.
``(3) Content of regulations.--The regulations required by
paragraph (2)--
``(A) shall facilitate communication between the
chief driver licensing official of a State and an
appropriate official of a Federal agency to verify the
authenticity of documents issued by such Federal agency
and presented to prove the identity of an individual;
``(B) may not directly or indirectly infringe on a
State's power to set eligibility criteria for obtaining
a driver's license or identification card from that
State; and
``(C) may not require a State to comply with any
such regulation that conflicts with or otherwise
interferes with the full enforcement of such
eligibility criteria by the State.
``(4) Consultation with government agencies.--In
promulgating the standards required by paragraph (2), the
Secretary shall consult with the Department of Transportation,
the chief driver licensing official of each State, any other
State organization that issues personal identification cards,
and any organization, determined appropriate by the Secretary,
that represents the interests of the States.
``(c) Grants to States.--
``(1) Assistance in meeting federal standards.--Beginning
on the date a final regulation is promulgated under subsection
(b)(2), the Secretary shall make grants to States to assist
them in conforming to the minimum standards for driver's
licenses and personal identification cards set forth in the
regulation.
``(2) Allocation of grants.--The Secretary shall make
grants to States under this subsection based on the proportion
that the estimated average annual number of driver's licenses
and personal identification cards issued by a State applying
for a grant bears to the average annual number of such
documents issued by all States.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2005 through
2009, such sums as may be necessary to carry out this section.
``SEC. 890C. SOCIAL SECURITY CARDS.
``(a) Security Enhancements.--The Commissioner of Social Security
shall--
``(1) within 180 days after the date of enactment of this
section, issue regulations to restrict the issuance of multiple
replacement social security cards to any individual to minimize
fraud;
``(2) within 1 year after the date of enactment of this
section, require independent verification of all records
provided by an applicant for an original social security card,
other than for purposes of enumeration at birth; and
``(3) within 18 months after the date of enactment of this
section, add death, fraud, and work authorization indicators to
the social security number verification system.
``(b) Interagency Security Task Force.--The Secretary and the
Commissioner of Social Security shall form an interagency task force
for the purpose of further improving the security of social security
cards and numbers. Within 1 year after the date of enactment of this
section, the task force shall establish security requirements,
including--
``(1) standards for safeguarding social security cards from
counterfeiting, tampering, alteration, and theft;
``(2) requirements for verifying documents submitted for
the issuance of replacement cards; and
``(3) actions to increase enforcement against the
fraudulent use or issuance of social security numbers and
cards.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Commissioner of Social Security for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.''.
(b) Technical and Conforming Amendments.--
(1) Section 656 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (5 U.S.C. 301 note) is
repealed.
(2) Section 1(b) of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2135) is amended by inserting
after the item relating to section 890 the following:
``Sec. 890A. Minimum standards for birth certificates.
``Sec. 890B. Driver's licenses and personal identification cards.
``Sec. 890C. Social security cards.''.
TITLE VII--TRANSPORTATION SECURITY
SEC. 701. DEFINITIONS.
In this title, the terms ``air carrier'', ``air transportation'',
``aircraft'', ``airport'', ``cargo'', ``foreign air carrier'', and
``intrastate air transportation'' have the meanings given such terms in
section 40102 of title 49, United States Code.
SEC. 702. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) Requirement for Strategy.--
(1) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for
Transportation Security; and
(B) revise such strategy whenever necessary to
improve or to maintain the currency of the strategy or
whenever the Secretary otherwise considers it
appropriate to do so.
(2) Consultation with secretary of transportation.--The
Secretary of Homeland Security shall consult with the Secretary
of Transportation in developing and revising the National
Strategy for Transportation Security under this section.
(b) Content.--The National Strategy for Transportation Security
shall include the following matters:
(1) An identification and evaluation of the transportation
assets within the United States that, in the interests of
national security, must be protected from attack or disruption
by terrorist or other hostile forces, including aviation,
bridge and tunnel, commuter rail and ferry, highway, maritime,
pipeline, rail, urban mass transit, and other public
transportation infrastructure assets that could be at risk of
such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated
with those assets.
(3) The most practical and cost-effective means of
defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and
agencies of the Federal Government (including the Armed
Forces), State governments (including the Army National Guard
and Air National Guard), local governments, and public
utilities, and establishes mechanisms for encouraging private
sector cooperation and participation in the implementation of
such plan.
(5) A comprehensive delineation of response and recovery
responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development objectives
that support transportation security needs, giving a higher
priority to research and development directed toward protecting
vital assets.
(7) A budget and recommendations for appropriate levels and
sources of funding to meet the objectives set forth in the
strategy.
(c) Submissions to Congress.--
(1) The national strategy.--
(A) Initial strategy.--The Secretary of Homeland
Security shall submit the National Strategy for
Transportation Security developed under this section to
Congress not later than April 1, 2005.
(B) Subsequent versions.--After 2005, the Secretary
of Homeland Security shall submit the National Strategy
for Transportation Security, including any revisions,
to Congress not less frequently than April 1 of each
even-numbered year.
(2) Periodic progress report.--
(A) Requirement for report.--Each year, in
conjunction with the submission of the budget to
Congress under section 1105(a) of title 31, United
States Code, the Secretary of Homeland Security shall
submit to Congress an assessment of the progress made
on implementing the National Strategy for
Transportation Security.
(B) Content.--Each progress report under this
paragraph shall include, at a minimum, the following
matters:
(i) An assessment of the adequacy of the
resources committed to meeting the objectives
of the National Strategy for Transportation
Security.
(ii) Any recommendations for improving and
implementing that strategy that the Secretary,
in consultation with the Secretary of
Transportation, considers appropriate.
(3) Classified material.--Any part of the National Strategy
for Transportation Security that involves information that is
properly classified under criteria established by Executive
order shall be submitted to Congress separately in classified
form.
(d) Priority Status.--
(1) In general.--The National Strategy for Transportation
Security shall be the governing document for Federal
transportation security efforts.
(2) Other plans and reports.--The National Strategy for
Transportation Security shall include, as an integral part or
as an appendix--
(A) the current National Maritime Transportation
Security Plan under section 70103 of title 46, United
States Code;
(B) the report of the Secretary of Transportation
under section 44938 of title 49, United States Code;
and
(C) any other transportation security plan or
report that the Secretary of Homeland Security
determines appropriate for inclusion.
SEC. 703. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION SCREENING.
(a) In General.--The Secretary of Homeland Security, acting through
the Transportation Security Administration, as soon as practicable
after the date of the enactment of this Act but in no event later than
90 days after that date, shall--
(1) implement a procedure under which the Transportation
Security Administration compares information about passengers
who are to be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or
intrastate air transportation for flights and flight segments
originating in the United States with a comprehensive,
consolidated database containing information about known or
suspected terrorists and their associates; and
(2) use the information obtained by comparing the passenger
information with the information in the database to prevent
known or suspected terrorists and their associates from
boarding such flights or flight segments or to subject them to
specific additional security scrutiny, through the use of ``no
fly'' and ``automatic selectee'' lists or other means.
(b) Air Carrier Cooperation.--The Secretary of Homeland Security,
in coordination with the Secretary of Transportation, shall by order
require air carriers to provide the passenger information necessary to
implement the procedure required by subsection (a).
(c) Maintaining the Accuracy and Integrity of the ``No Fly'' and
``Automatic Selectee'' Lists.--
(1) Watchlist database.--The Secretary of Homeland
Security, in consultation with the Director of the Federal
Bureau of Investigation, shall design guidelines, policies, and
operating procedures for the collection, removal, and updating
of data maintained, or to be maintained, in the watchlist
database described in subsection (a)(1) that are designed to
ensure the accuracy and integrity of the database.
(2) Accuracy of entries.--In developing the ``no fly'' and
``automatic selectee'' lists under subsection (a)(2), the
Secretary of Homeland Security shall establish a simple and
timely method for correcting erroneous entries, for clarifying
information known to cause false hits or misidentification
errors, and for updating relevant information that is
dispositive in the passenger screening process. The Secretary
shall also establish a process to provide individuals whose
names are confused with, or similar to, names in the database
with a means of demonstrating that they are not a person named
in the database.
SEC. 704. ENHANCED PASSENGER AND CARGO SCREENING.
(a) Aircraft Passenger Screening at Checkpoints.--
(1) Detection of explosives.--
(A) Improvement of capabilities.--As soon as
practicable after the date of the enactment of this
Act, the Secretary of Homeland Security shall take such
action as is necessary to improve the capabilities at
passenger screening checkpoints, especially at
commercial airports, to detect explosives carried
aboard aircraft by passengers or placed aboard aircraft
by passengers.
(B) Interim action.--Until measures are implemented
that enable the screening of all passengers for
explosives, the Secretary shall take immediate measures
to require Transportation Security Administration or
other screeners to screen for explosives any individual
identified for additional screening before that
individual may board an aircraft.
(2) Implementation report.--
(A) Requirement for report.--Within 90 days after
the date of the enactment of this Act, the Secretary of
Homeland Security shall transmit to the Senate and the
House of Representatives a report on how the Secretary
intends to achieve the objectives of the actions
required under paragraph (1). The report shall include
an implementation schedule.
(B) Classified information.--The Secretary may
submit separately in classified form any information in
the report under subparagraph (A) that involves
information that is properly classified under criteria
established by Executive order.
(b) Acceleration of Research and Development on, and Deployment of,
Detection of Explosives.--
(1) Required action.--The Secretary of Homeland Security,
in consultation with the Secretary of Transportation, shall
take such action as may be necessary to accelerate research and
development and deployment of technology for screening aircraft
passengers for explosives during or before the aircraft
boarding process.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary such sums as are necessary
to carry out this subsection for each of fiscal years 2005
through 2009.
(c) Improvement of Screener Job Performance.--
(1) Required action.--The Secretary of Homeland Security
shall take such action as may be necessary to improve the job
performance of airport screening personnel.
(2) Human factors study.--In carrying out this subsection,
the Secretary shall, not later than 180 days after the date of
the enactment of this Act, conduct a human factors study in
order better to understand problems in screener performance and
to set attainable objectives for individual screeners and
screening checkpoints.
(d) Checked Baggage and Cargo.--
(1) In-line baggage screening.--The Secretary of Homeland
Security shall take such action as may be necessary to expedite
the installation and use of advanced in-line baggage-screening
equipment at commercial airports.
(2) Cargo security.--The Secretary shall take such action
as may be necessary to ensure that the Transportation Security
Administration increases and improves its efforts to screen
potentially dangerous cargo.
(3) Hardened containers.--The Secretary, in consultation
with the Secretary of Transportation, shall require air
carriers to deploy at least 1 hardened container for containing
baggage or cargo items in each passenger aircraft that also
carries cargo.
(e) Cost-Sharing.--Not later than 45 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with representatives of air carriers, airport operators,
and other interested parties, shall submit to the Senate and the House
of Representatives--
(1) a proposed formula for cost-sharing, for the advanced
in-line baggage screening equipment required by this title,
between and among the Federal Government, State and local
governments, and the private sector that reflects proportionate
national security benefits and private sector benefits for such
enhancement; and
(2) recommendations, including recommended legislation, for
an equitable, feasible, and expeditious system for defraying
the costs of the advanced in-line baggage screening equipment
required by this title, which may be based on the formula
proposed under paragraph (1).
TITLE VIII--NATIONAL PREPAREDNESS
SEC. 801. HOMELAND SECURITY ASSISTANCE.
(a) Definitions.--In this section:
(1) Community.--The term ``community'' means a State, local
government, or region.
(2) Homeland security assistance.--The term ``homeland
security assistance'' means grants or other financial
assistance provided by the Department of Homeland Security
under the State Homeland Security Grants Program, the Urban
Areas Security Initiative, or the Law Enforcement Terrorism
Prevention Program.
(3) Local government.--The term ``local government'' has
the meaning given that term in section 2(10) of the Homeland
Security Act of 2002 (6 U.S.C. 101(10)).
(4) Region.--The term ``region'' means any intrastate or
interstate consortium of local governments.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) State.--The term ``State'' has the meaning given that
term in section 2(14) of the Homeland Security Act of 2002 (6
U.S.C. 101(14)).
(7) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Homeland Security for Information
Analysis and Infrastructure Protection.
(b) In General.--The Secretary shall allocate homeland security
assistance to communities based on--
(1) the level of threat faced by a community, as determined
by the Secretary through the Under Secretary, in consultation
with the National Intelligence Director;
(2) the critical infrastructure in the community, and the
risks to and vulnerability of that infrastructure, as
identified and assessed by the Secretary through the Under
Secretary;
(3) the community's population and population density;
(4) such other indicia of a community's risk and
vulnerability as the Secretary determines is appropriate;
(5) the benchmarks developed under subsection (d)(4)(A);
and
(6) the goal of achieving and enhancing essential emergency
preparedness and response capabilities throughout the Nation.
(c) Reallocation of Assistance.--A State receiving homeland
security assistance may reallocate such assistance, in whole or in
part, among local governments or other entities, only if such
reallocation is made on the basis of an assessment of threats, risks,
and vulnerabilities of the local governments or other entities that is
consistent with the criteria set forth in subsection (b).
(d) Advisory Panel.--
(1) Establishment.--Not later than 60 days after the date
of enactment of this Act, the Secretary shall establish an
advisory panel to assist the Secretary in determining how to
allocate homeland security assistance funds most effectively
among communities, consistent with the criteria set out in
subsection (b).
(2) Selection of members.--The Secretary shall appoint no
fewer than 10 individuals to serve on the advisory panel. The
individuals shall--
(A) be chosen on the basis of their knowledge,
achievements, and experience;
(B) be from diverse geographic and professional
backgrounds; and
(C) have demonstrated expertise in homeland
security or emergency preparedness and response.
(3) Term.--Each member of the advisory panel appointed by
the Secretary shall serve a term the length of which is to be
determined by the Secretary, but which shall not exceed 5
years.
(4) Responsibilities.--The advisory panel shall--
(A) develop benchmarks by which the needs and
capabilities of diverse communities throughout the
Nation with respect to potential terrorist attacks may
be assessed, and review and revise those benchmarks as
appropriate; and
(B) advise the Secretary on means of establishing
appropriate priorities for the allocation of funding
among applicants for homeland security assistance.
(5) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the advisory
panel shall provide the Secretary and Congress with a report on
the benchmarks it has developed under paragraph (4)(A),
including any revisions or modifications to such benchmarks.
(6) Applicability of federal advisory committee act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall apply to
the advisory panel.
(7) Administrative support services.--The Secretary shall
provide administrative support services to the advisory panel.
(e) Technical and Conforming Amendment.--Section 1014(c) of the USA
PATRIOT ACT of 2001 (42 U.S.C. 3714(c)) is amended by striking
paragraph (3).
SEC. 802. THE INCIDENT COMMAND SYSTEM.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident
site are critical to a successful response to a terrorist
attack.
(3) Key decision makers who are represented at the incident
command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of
Homeland Security is requiring that entities adopt the Incident
Command System and other concepts of the National Incident
Management System in order to qualify for funds distributed by
the Office of State and Local Government Coordination and
Preparedness.
(b) Sense of Congress.--It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the
Incident Command System;
(2) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require, as a
further condition of receiving homeland security preparedness
funds from the Office of State and Local Government
Coordination and Preparedness, that grant applicants document
measures taken to fully and aggressively implement the Incident
Command System and unified command procedures.
SEC. 803. NATIONAL CAPITAL REGION MUTUAL AID.
(a) Definitions.--In this section:
(1) Authorized representative of the federal government.--
The term ``authorized representative of the Federal
Government'' means any individual or individuals designated by
the President with respect to the executive branch, the Chief
Justice with respect to the Federal judiciary, or the President
of the Senate and Speaker of the House of Representatives with
respect to Congress, or their designees, to request assistance
under a Mutual Aid Agreement for an emergency or public service
event.
(2) Chief operating officer.--The term ``chief operating
officer'' means the official designated by law to declare an
emergency in and for the locality of that chief operating
officer.
(3) Emergency.--The term ``emergency'' means a major
disaster or emergency declared by the President, or a state of
emergency declared by the Mayor of the District of Columbia,
the Governor of the State of Maryland or the Commonwealth of
Virginia, or the declaration of a local emergency by the chief
operating officer of a locality, or their designees, that
triggers mutual aid under the terms of a Mutual Aid Agreement.
(4) Employee.--The term ``employee'' means the employees of
the party, including its agents or authorized volunteers, who
are committed in a Mutual Aid Agreement to prepare for or who
respond to an emergency or public service event.
(5) Locality.--The term ``locality'' means a county, city,
or town within the State of Maryland or the Commonwealth of
Virginia and within the National Capital Region.
(6) Mutual aid agreement.--The term ``Mutual Aid
Agreement'' means an agreement, authorized under subsection (b)
for the provision of police, fire, rescue and other public
safety and health or medical services to any party to the
agreement during a public service event, an emergency, or pre-
planned training event.
(7) National capital region or region.--The term ``National
Capital Region'' or ``Region'' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those
counties with a border abutting that area and any
municipalities therein.
(8) Party.--The term ``party'' means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, and any
of the localities duly executing a Mutual Aid Agreement under
this section.
(9) Public service event.--The term ``public service
event''--
(A) means any undeclared emergency, incident or
situation in preparation for or response to which the
Mayor of the District of Columbia, an authorized
representative of the Federal Government, the Governor
of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating
officer of a locality in the National Capital Region,
or their designees, requests or provides assistance
under a Mutual Aid Agreement within the National
Capital Region; and
(B) includes Presidential inaugurations, public
gatherings, demonstrations and protests, and law
enforcement, fire, rescue, emergency health and medical
services, transportation, communications, public works
and engineering, mass care, and other support that
require human resources, equipment, facilities or
services supplemental to or greater than the requesting
jurisdiction can provide.
(10) State.--The term ``State'' means the State of
Maryland, the Commonwealth of Virginia, and the District of
Columbia.
(11) Training.--The term ``training'' means emergency and
public service event-related exercises, testing, or other
activities using equipment and personnel to simulate
performance of any aspect of the giving or receiving of aid by
National Capital Region jurisdictions during emergencies or
public service events, such actions occurring outside actual
emergency or public service event periods.
(b) Mutual Aid Authorized.--
(1) In general.--The Mayor of the District of Columbia, any
authorized representative of the Federal Government, the
Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a
locality, or their designees, acting within his or her
jurisdictional purview, may, subject to State law, enter into,
request or provide assistance under Mutual Aid Agreements with
localities, the Washington Metropolitan Area Transit Authority,
the Metropolitan Washington Airports Authority, and any other
governmental agency or authority for--
(A) law enforcement, fire, rescue, emergency health
and medical services, transportation, communications,
public works and engineering, mass care, and resource
support in an emergency or public service event;
(B) preparing for, mitigating, managing, responding
to or recovering from any emergency or public service
event; and
(C) training for any of the activities described
under subparagraphs (A) and (B).
(2) Facilitating localities.--The State of Maryland and the
Commonwealth of Virginia are encouraged to facilitate the
ability of localities to enter into interstate Mutual Aid
Agreements in the National Capital Region under this section.
(3) Application and effect.--This section--
(A) does not apply to law enforcement security
operations at special events of national significance
under section 3056(e) of title 18, United States Code,
or other law enforcement functions of the United States
Secret Service;
(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into Mutual Aid
Agreements in furtherance of their Federal missions;
and
(C) does not--
(i) preclude any party from entering into
supplementary Mutual Aid Agreements with fewer
than all the parties, or with another party; or
(ii) affect any other agreement in effect
before the date of enactment of this Act among
the States and localities, including the
Emergency Management Assistance Compact.
(4) Rights described.--Other than as described in this
section, the rights and responsibilities of the parties to a
Mutual Aid Agreement entered into under this section shall be
as described in the Mutual Aid Agreement.
(c) District of Columbia.--
(1) In general.--The District of Columbia may purchase
liability and indemnification insurance or become self insured
against claims arising under a Mutual Aid Agreement authorized
under this section.
(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
paragraph (1).
(d) Liability and Actions at Law.--
(1) In general.--Any responding party or its officers or
employees rendering aid or failing to render aid to the
District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under a
Mutual Aid Agreement authorized under this section, and any
party or its officers or employees engaged in training
activities with another party under such a Mutual Aid
Agreement, shall be liable on account of any act or omission of
its officers or employees while so engaged or on account of the
maintenance or use of any related equipment, facilities, or
supplies, but only to the extent permitted under the laws and
procedures of the State of the party rendering aid.
(2) Actions.--Any action brought against a party or its
officers or employees on account of an act or omission in the
rendering of aid to the District of Columbia, the Federal
Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, or failure to render such aid or on
account of the maintenance or use of any related equipment,
facilities, or supplies may be brought only under the laws and
procedures of the State of the party rendering aid and only in
the Federal or State courts located therein. Actions against
the United States under this section may be brought only in
Federal courts.
(3) Good faith exception.--
(A) Definition.--In this paragraph, the term ``good
faith'' shall not include willful misconduct, gross
negligence, or recklessness.
(B) Exception.--No State or locality, or its
officers or employees, rendering aid to another party,
or engaging in training, under a Mutual Aid Agreement
shall be liable under Federal law on account of any act
or omission performed in good faith while so engaged,
or on account of the maintenance or use of any related
equipment, facilities, or supplies performed in good
faith.
(4) Immunities.--This section shall not abrogate any other
immunities from liability that any party has under any other
Federal or State law.
(d) Workers Compensation.--
(1) Compensation.--Each party shall provide for the payment
of compensation and death benefits to injured members of the
emergency forces of that party and representatives of deceased
members of such forces if such members sustain injuries or are
killed while rendering aid to the District of Columbia, the
Federal Government, the State of Maryland, the Commonwealth of
Virginia, or a locality, under a Mutual Aid Agreement, or
engaged in training activities under a Mutual Aid Agreement, in
the same manner and on the same terms as if the injury or death
were sustained within their own jurisdiction.
(2) Other state law.--No party shall be liable under the
law of any State other than its own for providing for the
payment of compensation and death benefits to injured members
of the emergency forces of that party and representatives of
deceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid
Agreement or engaged in training activities under a Mutual Aid
Agreement.
(e) Licenses and Permits.--If any person holds a license,
certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the
receiving jurisdiction to render aid involving such skill to meet a
public service event, emergency or training for any such events.
SEC. 804. ASSIGNMENT OF SPECTRUM FOR PUBLIC SAFETY.
Section 309(j)(14) of the Communications Act of 1934 (47 U.S.C.
309(j)(14)) is amended by adding at the end the following:
``(E) Extensions not permitted for channels (63,
64, 68 and 69) reassigned for public safety services.--
Notwithstanding subparagraph (B), the Commission shall
not grant any extension under such subparagraph from
the limitation of subparagraph (A) with respect to the
frequencies assigned, under section 337(a)(1), for
public safety services. The Commission shall take all
actions necessary to complete assignment of the
electromagnetic spectrum between 764 and 776 megahertz,
inclusive, and between 794 and 806 megahertz,
inclusive, for public safety services and to permit
operations by public safety services on those
frequencies commencing not later than January 1,
2007.''.
SEC. 805. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
``The Secretary, in consultation with the Federal Communications
Commission and the Secretary of Defense, and with appropriate
governors, mayors, and other State and local government officials,
shall encourage and support the establishment of consistent and
effective communications capabilities in the event of an emergency in
urban areas determined by the Secretary to be at consistently high
levels of risk from terrorist attack. Such communications capabilities
shall ensure the ability of all levels of government agencies,
including military authorities, and of first responders, hospitals, and
other organizations with emergency response capabilities to communicate
with each other in the event of an emergency. Additionally, the
Secretary, in conjunction with the Secretary of Defense, shall develop
plans to provide back-up and additional communications support in the
event of an emergency.''.
(b) Technical and Conforming Amendment.--Section 1(b) of that Act
is amended by inserting after the item relating to section 509 the
following:
``Sec. 510. High risk urban area communications capabilities.''.
SEC. 806. PRIVATE SECTOR PREPAREDNESS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority
of the Nation's workers.
(2) Unless a terrorist attack targets a military or other
secure government facility, the first people called upon to
respond will likely be civilians.
(3) Despite the exemplary efforts of some private entities,
the private sector remains largely unprepared for a terrorist
attack, due in part to the lack of a widely accepted standard
for private sector preparedness.
(4) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute recommends a
voluntary national preparedness standard for the private sector
based on the existing American National Standard on Disaster/
Emergency Management and Business Continuity Programs (NFPA
1600), with appropriate modifications. This standard would
establish a common set of criteria and terminology for
preparedness, disaster management, emergency management, and
business continuity programs.
(6) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as
government entities.
(b) Private Sector Preparedness Program.--
(1) In general.--Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 805, is
amended by adding at the end the following:
``SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
``The Secretary shall establish a program to promote private sector
preparedness for terrorism and other emergencies, including promoting
the adoption of a voluntary national preparedness standard such as the
private sector preparedness standard developed by the American National
Standards Institute and based on the National Fire Protection
Association 1600 Standard on Disaster/Emergency Management and Business
Continuity Programs.''.
(2) Technical and conforming amendment.--Section 1(b) of
that Act, as amended by section 805, is amended by inserting
after the item relating to section 510 the following:
``Sec. 511. Private sector preparedness program.''.
(c) Sense of Congress.--It is the sense of Congress that insurance
and credit-rating industries should consider compliance with the
voluntary national preparedness standard, the adoption of which is
promoted by the Secretary of Homeland Security under section 511 of the
Homeland Security Act of 2002, as added by subsection (b), in assessing
insurability and credit worthiness.
SEC. 807. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) Findings.--Congress finds the following:
(1) Under section 201 of the Homeland Security Act of 2002
(6 U.S.C 121), the Department of Homeland Security, through the
Under Secretary for Information Analysis and Infrastructure
Protection, has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical
infrastructure of the United States, including the
performance of risk assessments to determine the risks
posed by particular types of terrorist attacks within
the United States;
(B) to identify priorities for protective and
supportive measures; and
(C) to develop a comprehensive national plan for
securing the key resources and critical infrastructure
of the United States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland Security
was given 1 year to develop a comprehensive plan to identify,
prioritize, and coordinate the protection of critical
infrastructure and key resources.
(3) Consistent with the report of the National Commission
on Terrorist Attacks Upon the United States, the Secretary of
Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and
other institutions that need to be protected;
(B) develop plans to protect that infrastructure;
and
(C) exercise mechanisms to enhance preparedness.
(b) Reports on Risk Assessment and Readiness.--Not later than 180
days after the date of enactment of this Act and annually thereafter,
the Secretary of Homeland Security shall submit a report to Congress
on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's
critical infrastructure;
(2) the adequacy of the Government's plans to protect such
infrastructure; and
(3) the readiness of the Government to respond to threats
against the United States.
SEC. 808. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES
HOMELAND.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The primary responsibility for national defense is with
the Department of Defense and the secondary responsibility for
national defense is with the Department of Homeland Security,
and the 2 departments must have clear delineations of
responsibility.
(2) Before September 11, 2001, the North American Aerospace
Defense Command (hereafter in this section referred to as
``NORAD''), which had responsibility for defending United
States airspace on September 11, 2001--
(A) focused on threats coming from outside the
borders of the United States; and
(B) had not increased its focus on terrorism within
the United States, even though the intelligence
community had gathered intelligence on the possibility
that terrorists might turn to hijacking and even the
use of airplanes as missiles within the United States.
(3) The United States Northern Command has been established
to assume responsibility for defense within the United States.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of Defense should regularly assess the
adequacy of United States Northern Command's plans and
strategies with a view to ensuring that the United States
Northern Command is prepared to respond effectively to all
military and paramilitary threats within the United States; and
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives
should periodically review and assess the adequacy of such
plans and strategies.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 180 days thereafter, the Secretary of
Defense shall submit to the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of Representatives a
report describing the United States Northern Command's plans and
strategies to defend the United States against military and
paramilitary threats within the United States.
TITLE IX--PROTECTION OF CIVIL LIBERTIES
SEC. 901. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) In General.--There is established within the Executive Office
of the President a Privacy and Civil Liberties Oversight Board
(referred to in this title as the ``Board'').
(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect
the precious liberties that are vital to our way of life and to
ensure that the Government uses its powers for the purposes for
which the powers were given.
(c) Purpose.--The Board shall--
(1) analyze and review actions the Executive Branch takes
to protect the Nation from terrorism; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
(d) Functions.--
(1) Advice and counsel on policy development and
implementation.--The Board shall--
(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under section 201(e);
(B) review the implementation of new and existing
legislation, regulations, and policies related to
efforts to protect the Nation from terrorism, including
the implementation of information sharing guidelines
under section 201(e);
(C) advise the President and Federal executive
departments and agencies to ensure that privacy and
civil liberties are appropriately considered in the
development and implementation of such legislation,
regulations, policies, and guidelines; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the executive department or agency has
explained--
(i) that the power actually materially
enhances security; and
(ii) that there is adequate supervision of
the executive's use of the power to ensure
protection of civil liberties.
(2) Oversight.--The Board shall continually review--
(A) the regulations, policies, and procedures and
the implementation of the regulations, policies,
procedures, and related laws of Federal executive
departments and agencies to ensure that privacy and
civil liberties are protected;
(B) the information sharing practices of Federal
executive departments and agencies to determine whether
they appropriately protect privacy and civil liberties
and adhere to the information sharing guidelines
promulgated under section 201(e) and to other governing
laws, regulations, and policies regarding privacy and
civil liberties; and
(C) other actions by the Executive Branch related
to efforts to protect the Nation from terrorism to
determine whether such actions--
(i) appropriately protect privacy and civil
liberties; and
(ii) are consistent with governing laws,
regulations, and policies regarding privacy and
civil liberties.
(3) Relationship with privacy and civil liberties
officers.--The Board shall review and assess the activities of
privacy and civil liberties officers described in section 902
and, where appropriate, shall coordinate their activities.
(e) Reports.--
(1) In general.--The Board shall--
(A) receive and review reports from privacy and
civil liberties officers described in section 902; and
(B) periodically submit, not less than
semiannually, reports to Congress and the President.
(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
(A) a description of the major activities of the
Board during the relevant period; and
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice
and oversight functions under subsection (d).
(f) Informing the Public.--The Board shall hold public
hearings, release public reports, and otherwise inform the
public of its activities, as appropriate and in a manner
consistent with the protection of classified information and
applicable law.
(g) Access To Information.--
(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board may--
(A) secure directly from any Federal executive
department or agency, or any Federal officer or
employee, all relevant records, reports, audits,
reviews, documents, papers, or recommendations,
including classified information consistent with
applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any Federal executive
department or agency or any Federal officer or
employee;
(C) request information or assistance from any
State, tribal, or local government; and
(D) require, by subpoena, persons other than
Federal executive departments and agencies to produce
any relevant information, documents, reports, answers,
records, accounts, papers, and other documentary or
testimonial evidence.
(2) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued under paragraph (1)(D), the
United States district court for the judicial district in which
the subpoenaed person resides, is served, or may be found may
issue an order requiring such person to produce the evidence
required by such subpoena.
(h) Membership.--
(1) Members.--The Board shall be composed of a chairman and
4 additional members, who shall be appointed by the President,
by and with the advice and consent of the Senate.
(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, and relevant experience, and
without regard to political affiliation.
(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, an officer, or an employee of the Federal Government,
other than in the capacity as a member of the Board.
(i) Compensation and Travel Expenses.--
(1) Compensation.--
(A) Chairman.--The chairman shall be compensated at
a rate equal to the daily equivalent of the annual rate
of basic pay in effect for a position at level III of
the Executive Schedule under section 5314 of title 5,
United States Code, for each day during which the
chairman is engaged in the actual performance of the
duties of the Board.
(B) Members.--Each member of the Board shall be
compensated at a rate equal to the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Board.
(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States
Code, while away from their homes or regular places of business
in the performance of services for the Board.
(j) Staff.--
(1) Appointment and compensation.--The Chairman, in
accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of an executive director and such
other personnel as may be necessary to enable the Board to
carry out its functions, without regard to the provisions of
title 5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee
shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
(k) Security Clearances.--The appropriate Federal executive
departments and agencies shall cooperate with the Board to
expeditiously provide the Board members and staff with appropriate
security clearances to the extent possible under existing procedures
and requirements, except that no person shall be provided with access
to classified information under this section without the appropriate
security clearances.
(l) Treatment as Agency, Not as Advisory Committee.--The Board--
(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
(m) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 902. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) Designation and Functions.--The Attorney General, Secretary of
Defense, Secretary of Homeland Security, Secretary of State, Secretary
of the Treasury, Secretary of Health and Human Services, National
Intelligence Director, Director of the Central Intelligence Agency, and
the head of any other executive department or agency designated by the
Privacy and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1 senior
officer to--
(1) assist the department or agency head and other
department or agency officials in appropriately considering
privacy and civil liberties concerns when such officials are
proposing, developing, or implementing laws, regulations,
policies, procedures, or guidelines related to efforts to
protect the Nation against terrorism;
(2) periodically investigate and review department or
agency actions, policies, procedures, guidelines, and related
laws and their implementation to ensure that the department or
agency is adequately considering privacy and civil liberties in
its actions;
(3) ensure that the department or agency has adequate
procedures to receive, investigate, and respond to complaints
from individuals who allege the department or agency has
violated their privacy or civil liberties; and
(4) in providing advice on proposals to retain or enhance a
particular governmental power the officer shall consider
whether the department or agency has explained--
(i) that the power actually materially
enhances security; and
(ii) that there is adequate supervision of
the department's or agency's use of the power
to ensure protection of civil liberties.
(b) Exception To Designation Authority.--
(1) Privacy officers.--In any department or agency
referenced in subsection (a) or designated by the Board, which
has a statutorily created privacy officer, such officer shall
perform the functions specified in subsection (a) with respect
to privacy.
(2) Civil liberties officers.--In any department or agency
referenced in subsection (a) or designated by the Board, which
has a statutorily created civil liberties officer, such officer
shall perform the functions specified in subsection (a) with
respect to civil liberties.
(c) Supervision and Coordination.--Each privacy or civil liberties
officer described in subsection (a) or (b) shall--
(1) report directly to the department or agency head; and
(2) coordinate their activities with the Inspector General
of the agency to avoid duplication of effort.
(d) Agency Cooperation.--Each department or agency head shall
ensure that each privacy and civil liberties officer--
(1) has the information and material necessary to fulfill
the officer's functions;
(2) is advised of proposed policy changes;
(3) is consulted by decision makers; and
(4) is given access to material and personnel the officer
determines to be necessary to carry out the officer's
functions.
(e) Periodic Reports.--
(1) In general.--The privacy and civil liberties officers
of each department or agency referenced or designated under
subsection (a) shall periodically, but not less than quarterly,
submit a report on the officers' activities to Congress, the
department or agency head, and the Privacy and Civil Liberties
Oversight Board.
(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
officer's functions, including--
(A) information on the number and types of reviews
undertaken;
(B) the type of advice provided and the response
given to such advice;
(C) the number and nature of the complaints
received by the agency for alleged violations; and
(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and
the impact of the officer's activities.
Calendar No. 692
108th CONGRESS
2d Session
S. 2774
_______________________________________________________________________
A BILL
To implement the recommendations of the National Commission on
Terrorist Attacks Upon the United States, and for other purposes.
_______________________________________________________________________
September 8, 2004
Read the second time and placed on the calendar
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8864-8866)
Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S8884-8915)
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 692.
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