GRI

Intelligence Reform and Terrorism Prevention Act of 2004

Law Anti-money laundering Law
Date: 25th Nov, 2024 Source: Congress.gov Country: USA Original Source

Brief

Key Findings and Recommendations: The National Security Intelligence Reform Act of 2004 focuses on enhancing national security intelligence capabilities. The Director of National Intelligence (DNI) is appointed by the President, responsible for overseeing the intelligence community, implementing the National Intelligence Program, and ensuring timely, objective, and independent national intelligence collection, processing, analysis, and dissemination. Key Takeaways: 1. Director of National Intelligence: Appointed by the President, responsible for overseeing the intelligence community, implementing the National Intelligence Program, and ensuring timely, objective, and independent national intelligence collection, processing, analysis, and dissemination. 2. Reorganization and Improvement of Management of Intelligence Community: The Director of National Intelligence ensures the effective management of the intelligence community through reorganization and improvement of its management. 3. Budget Authorities: The Director of National Intelligence manages appropriations for the National Intelligence Program, providing guidance to agencies within the community on developing their budgets. 4. Transfer of Personnel and Funds: The Director may transfer personnel and funds between elements of the intelligence community, subject to certain conditions and with prior approval from the President and Office of Management and Budget. Key Roles: 1. Director of National Intelligence: Appointed by the President, responsible for overseeing the intelligence community and implementing the National Intelligence Program. 2. Principal Deputy Director of National Intelligence: Assists the Director in carrying out duties and responsibilities. 3. National Intelligence Council: Composed of senior analysts within the intelligence community and substantive experts from the public and private sector, providing national intelligence estimates and evaluating collection and production requirements. Key Findings: 1. The attacks on September 11, 2001, demonstrate that even robust emergency response capabilities can be overwhelmed by large-scale attacks. 2. Regular joint training at all levels is essential for close coordination during actual incidents. 3. Implementation of the National Incident Management System (NIMS) can enhance emergency preparedness and response capabilities. Key Recommendations: 1. Adopt a unified incident command system to enhance emergency response capabilities and foster close coordination among agencies. 2. Regularly conduct joint training exercises at all levels to ensure readiness for emergencies. 3. Implement NIMS, a unified incident command system, in all Federal agencies to improve emergency preparedness and response. The National Security Intelligence Reform Act of 2004 focuses on enhancing national security intelligence capabilities, emphasizing the importance of effective management and coordination among agencies. The Director of National Intelligence plays a crucial role in overseeing the intelligence community and implementing the National Intelligence Program. This legislation aims to improve the nation's ability to prevent, prepare for, and respond to terrorist attacks and other emergencies by establishing clear roles, responsibilities, and procedures for emergency response and preparedness. Key Provisions: 1. Enhance emergency preparedness and response capabilities, particularly incident command systems. 2. Establish minimum identification standards for access to Federal facilities deemed at risk for terrorist attack. 3. Mandate stricter security measures at the border, including enhanced vetting processes for visa applicants. 4. Adopt biometric identification technology for immigration-related matters and travel documentation. 5. Require integration of data systems to ensure accuracy and integrity in tracking immigration status. The National Security Intelligence Reform Act of 2004 aims to strengthen national security by improving emergency preparedness and response capabilities, enhancing border security, and adopting advanced technologies like biometrics. This legislation focuses on ensuring that the nation is better equipped to prevent, prepare for, and respond to terrorist attacks and other emergencies, ultimately protecting the American people and their way of life. Key Findings: 1. The September 11 attacks highlighted the importance of effective emergency response capabilities and coordination among agencies. 2. Regular joint training exercises are crucial for ensuring close coordination during actual incidents. 3. Implementing the National Incident Management System (NIMS) can enhance emergency preparedness and response capabilities. The National Security Intelligence Reform Act of 2004 focuses on enhancing national security intelligence capabilities, emphasizing effective management and coordination among agencies. The Director of National Intelligence plays a crucial role in overseeing the intelligence community and implementing the National Intelligence Program. This legislation aims to improve the nation's ability to prevent, prepare for, and respond to terrorist attacks and other emergencies. Key Recommendations: 1. Adopt a unified incident command system to enhance emergency response capabilities. 2. Regularly conduct joint training exercises at all levels to ensure readiness for emergencies. 3. Implement NIMS in all Federal agencies to improve emergency preparedness and response. The National Security Intelligence Reform Act of 2004 aims to strengthen national security by improving emergency preparedness and response capabilities, enhancing border security, and adopting advanced technologies like biometrics. This legislation focuses on ensuring that the nation is better equipped to prevent, prepare for, and respond to terrorist attacks and other emergencies. Key Findings: 1. The September 11 attacks highlighted the importance of effective emergency response capabilities. 2. Regular joint training exercises are crucial for ensuring close coordination during actual incidents. 3. Implementing NIMS can enhance emergency preparedness and response capabilities. The National Security Intelligence Reform Act of 2004 focuses on enhancing national security intelligence capabilities, emphasizing effective management and coordination among agencies. The Director of National Intelligence plays a crucial role in overseeing the intelligence community and implementing the National Intelligence Program. This legislation aims to improve the nation's ability to prevent, prepare for, and respond to terrorist attacks and other emergencies. Key Recommendations: 1. Adopt a unified incident command system. 2. Regularly conduct joint training exercises at all levels. 3. Implement NIMS in all Federal agencies. The National Security Intelligence Reform Act of 2004 aims to strengthen national security by improving emergency preparedness and response capabilities, enhancing border security, and adopting advanced technologies like biometrics. Key Findings: 1. The September 11 attacks highlighted the importance of effective emergency response capabilities. 2. Regular joint training exercises are crucial for ensuring close coordination during actual incidents. 3. Implementing NIMS can enhance emergency preparedness and response capabilities. The National Security Intelligence Reform Act of 2004 focuses on enhancing national security intelligence capabilities, emphasizing effective management and coordination among agencies. The Director of National Intelligence plays a crucial role in overseeing the intelligence community and implementing the National Intelligence Program. This legislation aims to improve the nation's ability to prevent, prepare for, and respond to terrorist attacks and other emergencies. Key Recommendations: 1. Adopt a unified incident command system. 2. Regularly conduct joint training exercises at all levels. 3. Implement NIMS in all Federal agencies. The National Security Intelligence Reform Act of 2004 aims to strengthen national security by improving emergency preparedness and response capabilities, enhancing border security, and adopting advanced technologies like biometrics.

118 STAT. 3638 PUBLIC LAW 108–458—DEC. 17, 2004
Public Law 108–458
108th Congress
An Act
To reform the intelligence community and the intelligence and intelligence-related
activities of the United States Government, 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) S HORT TITLE.—This Act may be cited as the ‘‘Intelligence
Reform and Terrorism Prevention Act of 2004’’.
(b) T ABLE OF CONTENTS .—The table of contents for this Act
is as follows:
TITLE I—REFORM OF THE INTELLIGENCE COMMUNITY
Sec. 1001. Short title.
Subtitle A—Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence commu-
nity.
Sec. 1012. Revised definition of national intelligence.Sec. 1013. Joint procedures for operational coordination between Department of De-
fense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in appointment of certain offi-
cials responsible for intelligence-related activities.
Sec. 1015. Executive Schedule matters.Sec. 1016. Information sharing.Sec. 1017. Alternative analysis of intelligence by the intelligence community.Sec. 1018. Presidential guidelines on implementation and preservation of authori-
ties.
Sec. 1019. Assignment of responsibilities relating to analytic integrity.Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B—National Counterterrorism Center, National Counter Proliferation
Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.Sec. 1023. National intelligence centers.
Subtitle C—Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D—Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E—Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence community.
Sec. 1052. Open-source intelligence.Sec. 1053. National Intelligence Reserve Corps.
Subtitle F—Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.Intelligence
Reform andTerrorismPrevention Act of2004.50 USC 401 note.Dec. 17, 2004
[S. 2845]
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Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
Subtitle G—Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of Director of National Intel-
ligence and Director of the Central Intelligence Agency.
Sec. 1072. Other conforming amendments.Sec. 1073. Elements of intelligence community under National Security Act of 1947.Sec. 1074. Redesignation of National Foreign Intelligence Program as National In-
telligence Program.
Sec. 1075. Repeal of superseded authority.Sec. 1076. Clerical amendments to National Security Act of 1947.Sec. 1077. Conforming amendments relating to prohibiting dual service of the Di-
rector of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of the Director of
National Intelligence.
Sec. 1079. Ethics matters.Sec. 1080. Construction of authority of Director of National Intelligence to acquire
and manage property and services.
Sec. 1081. General references.
Subtitle H—Transfer, Termination, Transition, and Other Provisions
Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.Sec. 1094. Implementation plan.Sec. 1095. Director of National Intelligence report on implementation of intelligence
community reform.
Sec. 1096. Transitional authorities.Sec. 1097. Effective dates.
Subtitle I—Other Matters
Sec. 1101. Study of promotion and professional military education school selection
rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest Declas-
sification Board.
Sec. 1103. Severability.
TITLE II—FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Inves-
tigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.Sec. 2003. Federal Bureau of Investigation intelligence career service.Sec. 2004. Federal Bureau of Investigation Reserve Service.Sec. 2005. Federal Bureau of Investigation mandatory separation age.Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III—SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV—TRANSPORTATION SECURITY
Subtitle A—National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B—Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.Sec. 4013. Deployment and use of detection equipment at airport screening check-
points.
Sec. 4014. Advanced airport checkpoint screening devices.Sec. 4015. Improvement of screener job performance.Sec. 4016. Federal air marshals.Sec. 4017. International agreements to allow maximum deployment of Federal air
marshals.
Sec. 4018. Foreign air marshal training.Sec. 4019. In-line checked baggage screening.Sec. 4020. Checked baggage screening area monitoring.Sec. 4021. Wireless communication.Sec. 4022. Improved pilot licenses.Sec. 4023. Aviation security staffing.
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Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.Sec. 4026. Man-Portable Air Defense Systems (MANPADs).Sec. 4027. Technical corrections.Sec. 4028. Report on secondary flight deck barriers.Sec. 4029. Extension of authorization of aviation security funding.
Subtitle C—Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage con-
tainers.
Sec. 4052. Air cargo security.Sec. 4053. Air cargo security regulations.Sec. 4054. Report on international air cargo threats.
Subtitle D—Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
Subtitle E—General Provisions
Sec. 4081. Definitions.
Sec. 4082. Effective date.
TITLE V—BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A—Advanced Technology Northern Border Security Pilot Program
Sec. 5101. Establishment.
Sec. 5102. Program requirements.Sec. 5103. Administrative provisions.Sec. 5104. Report.Sec. 5105. Authorization of appropriations.
Subtitle B—Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.Sec. 5203. Increase in full-time immigration and customs enforcement investiga-
tors.
Sec. 5204. Increase in detention bed space.
Subtitle C—Visa Requirements
Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.Sec. 5303. Effective date.Sec. 5304. Revocation of visas and other travel documentation.
Subtitle D—Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type training from ter-
rorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E—Treatment of Aliens Who Commit Acts of Torture, Extrajudicial
Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of
torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign government officials who
have committed particularly severe violations of religious freedom.
Sec. 5503. Waiver of inadmissibility.Sec. 5504. Bar to good moral character for aliens who have committed acts of tor-
ture, extrajudicial killings, or severe violations of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.Sec. 5506. Report on implementation.
TITLE VI—TERRORISM PREVENTION
Subtitle A—Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the Foreign Intel-
ligence Surveillance Act of 1978.
Subtitle B—Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
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Sec. 6102. Money laundering and financial crimes strategy reauthorization.
Subtitle C—Money Laundering Abatement and Financial Antiterrorism Technical
Corrections
Sec. 6201. Short title.
Sec. 6202. Technical corrections to Public Law 107–56.Sec. 6203. Technical corrections to other provisions of law.Sec. 6204. Repeal of review.Sec. 6205. Effective date.
Subtitle D—Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.Sec. 6303. Terrorism financing.
Subtitle E—Criminal History Background Checks
Sec. 6401. Protect Act.
Sec. 6402. Reviews of criminal records of applicants for private security officer em-
ployment.
Sec. 6403. Criminal history background checks.
Subtitle F—Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Subtitle G—Providing Material Support to Terrorism
Sec. 6601. Short title.
Sec. 6602. Receiving military-type training from a foreign terrorist organization.Sec. 6603. Additions to offense of providing material support to terrorism.Sec. 6604. Financing of terrorism.
Subtitle H—Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6701. Short title.
Sec. 6702. Hoaxes and recovery costs.Sec. 6703. Obstruction of justice and false statements in terrorism cases.Sec. 6704. Clarification of definition.
Subtitle I—Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 6801. Short title.
Sec. 6802. Weapons of mass destruction.Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the
United States.
Subtitle J—Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 6901. Short title.
Sec. 6902. Findings and purpose.Sec. 6903. Missile systems designed to destroy aircraft.Sec. 6904. Atomic weapons.Sec. 6905. Radiological dispersal devices.Sec. 6906. Variola virus.Sec. 6907. Interception of communications.Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.Sec. 6910. Export licensing process.Sec. 6911. Clerical amendments.
Subtitle K—Pretrial Detention of Terrorists
Sec. 6951. Short title.
Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
TITLE VII—IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Sec. 7001. Short title.
Subtitle A—Diplomacy, Foreign Aid, and the Military in the War on Terrorism
Sec. 7101. Findings.
Sec. 7102. Terrorist sanctuaries.Sec. 7103. United States commitment to the future of Pakistan.Sec. 7104. Assistance for Afghanistan.Sec. 7105. The relationship between the United States and Saudi Arabia.Sec. 7106. Efforts to combat Islamist terrorism.
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Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.Sec. 7109. Public diplomacy responsibilities of the Department of State.Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international organizations.Sec. 7112. Expansion of United States scholarship and exchange programs in the
Islamic world.
Sec. 7113. Pilot program to provide grants to American-sponsored schools in pre-
dominantly Muslim countries to provide scholarships.
Sec. 7114. International Youth Opportunity Fund.Sec. 7115. The use of economic policies to combat terrorism.Sec. 7116. Middle East partnership initiative.Sec. 7117. Comprehensive coalition strategy for fighting terrorism.Sec. 7118. Financing of terrorism.Sec. 7119. Designation of foreign terrorist organizations.Sec. 7120. Report to Congress.Sec. 7121. Case-Zablocki Act requirements.Sec. 7122. Effective date.
Subtitle B—Terrorist Travel and Effective Screening
Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.Sec. 7203. Responsibilities and functions of consular officers.Sec. 7204. International agreements to track and curtail terrorist travel through
the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration of names into the Roman al-
phabet for international travel documents and name-based watchlistsystems.
Sec. 7206. Immigration security initiative.Sec. 7207. Certification regarding technology for visa waiver participants.Sec. 7208. Biometric entry and exit data system.Sec. 7209. Travel documents.Sec. 7210. Exchange of terrorist information and increased preinspection at foreign
airports.
Sec. 7211. Minimum standards for birth certificates.Sec. 7212. Driver’s licenses and personal identification cards.Sec. 7213. Social security cards and numbers.Sec. 7214. Prohibition of the display of social security account numbers on driver’s
licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.Sec. 7216. Increase in penalties for fraud and related activity.Sec. 7217. Study on allegedly lost or stolen passports.Sec. 7218. Establishment of visa and passport security program in the Department
of State.
Sec. 7219. Effective date.Sec. 7220. Identification standards.
Subtitle C—National Preparedness
Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.Sec. 7303. Enhancement of public safety communications interoperability.Sec. 7304. Regional model strategic plan pilot projects.Sec. 7305. Private sector preparedness.Sec. 7306. Critical infrastructure and readiness assessments.Sec. 7307. Northern command and defense of the United States homeland.Sec. 7308. Effective date.
Subtitle D—Homeland Security
Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.Sec. 7403. Study regarding nationwide emergency notification system.Sec. 7404. Pilot study to move warning systems into the modern digital age.Sec. 7405. Required coordination.Sec. 7406. Emergency preparedness compacts.Sec. 7407. Responsibilities of counternarcotics office.Sec. 7408. Use of counternarcotics enforcement activities in certain employee per-
formance appraisals.
Subtitle E—Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
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Subtitle F—Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G—Improving International Standards and Cooperation to Fight Terrorist
Financing
Sec. 7701. Improving international standards and cooperation to fight terrorist fi-
nancing.
Sec. 7702. Definitions.Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the
Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H—Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness and re-
sponse and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.Sec. 7804. Private sector preparedness.
TITLE VIII—OTHER MATTERS
Subtitle A—Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure Simulation and
Analysis Center.
Subtitle B—Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C—Homeland Security Civil Rights and Civil Liberties Protection
Sec. 8301. Short title.
Sec. 8302. Mission of Department of Homeland Security.Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector Gen-
eral.
Sec. 8305. Privacy officer.Sec. 8306. Protections for human research subjects of the Department of Homeland
Security.
Subtitle D—Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency plan-
ning for information security needs.
Sec. 8402. Enterprise architecture.Sec. 8403. Financial disclosure and records.Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended
air passenger service.
TITLE I—REFORM OF THE
INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the ‘‘National Security Intelligence
Reform Act of 2004’’.
Subtitle A—Establishment of Director of
National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT
OF INTELLIGENCE COMMUNITY.
(a) I NGENERAL .—Title I of the National Security Act of 1947
(50 U.S.C. 402 et seq.) is amended by striking sections 102 through104 and inserting the following new sections:50 USC 401 note.National Security
IntelligenceReform Act of2004.
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‘‘DIRECTOR OF NATIONAL INTELLIGENCE
‘‘SEC. 102. (a) D IRECTOR OF NATIONAL INTELLIGENCE .—(1) There
is a Director of National Intelligence who shall be appointed bythe President, by and with the advice and consent of the Senate.Any individual nominated for appointment as Director of NationalIntelligence shall have extensive national security expertise.
‘‘(2) The Director of National Intelligence shall not be located
within the Executive Office of the President.
‘‘(b) P
RINCIPAL RESPONSIBILITY .—Subject to the authority, direc-
tion, and control of the President, the Director of National Intel-ligence shall—
‘‘(1) serve as head of the intelligence community;‘‘(2) act as the principal adviser to the President, to the
National Security Council, and the Homeland Security Councilfor intelligence matters related to the national security; and
‘‘(3) consistent with section 1018 of the National Security
Intelligence Reform Act of 2004, oversee and direct theimplementation of the National Intelligence Program.‘‘(c) P
ROHIBITION ON DUAL SERVICE .—The individual serving
in the position of Director of National Intelligence shall not, whileso serving, also serve as the Director of the Central IntelligenceAgency or as the head of any other element of the intelligencecommunity.
‘‘
RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL
INTELLIGENCE
‘‘SEC. 102A. (a) P ROVISION OF INTELLIGENCE .—(1) The Director
of National Intelligence shall be responsible for ensuring thatnational intelligence is provided—
‘‘(A) to the President;‘‘(B) to the heads of departments and agencies of the execu-
tive branch;
‘‘(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
‘‘(D) to the Senate and House of Representatives and the
committees thereof; and
‘‘(E) to such other persons as the Director of National
Intelligence determines to be appropriate.‘‘(2) Such national intelligence should be timely, objective, inde-
pendent of political considerations, and based upon all sourcesavailable to the intelligence community and other appropriate enti-ties.
‘‘(b) A
CCESS TO INTELLIGENCE .—Unless otherwise directed by
the President, the Director of National Intelligence shall have accessto all national intelligence and intelligence related to the nationalsecurity which is collected by any Federal department, agency,or other entity, except as otherwise provided by law or, as appro-priate, under guidelines agreed upon by the Attorney General andthe Director of National Intelligence.
‘‘(c) B
UDGET AUTHORITIES .—(1) With respect to budget requests
and appropriations for the National Intelligence Program, theDirector of National Intelligence shall—
‘‘(A) based on intelligence priorities set by the President,
provide to the heads of departments containing agencies ororganizations within the intelligence community, and to the50 USC 403–1.President.
Congress.50 USC 403.
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heads of such agencies and organizations, guidance for devel-
oping the National Intelligence Program budget pertaining tosuch agencies and organizations;
‘‘(B) based on budget proposals provided to the Director
of National Intelligence by the heads of agencies and organiza-tions within the intelligence community and the heads of theirrespective departments and, as appropriate, after obtainingthe advice of the Joint Intelligence Community Council, developand determine an annual consolidated National IntelligenceProgram budget; and
‘‘(C) present such consolidated National Intelligence Pro-
gram budget, together with any comments from the headsof departments containing agencies or organizations within theintelligence community, to the President for approval.‘‘(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the intel-ligence community shall provide the Director of National Intel-ligence such other information as the Director shall request forthe purpose of determining the annual consolidated National Intel-ligence Program budget under that paragraph.
‘‘(3)(A) The Director of National Intelligence shall participate
in the development by the Secretary of Defense of the annualbudgets for the Joint Military Intelligence Program and for TacticalIntelligence and Related Activities.
‘‘(B) The Director of National Intelligence shall provide guidance
for the development of the annual budget for each element ofthe intelligence community that is not within the National Intel-ligence Program.
‘‘(4) The Director of National Intelligence shall ensure the effec-
tive execution of the annual budget for intelligence and intelligence-related activities.
‘‘(5)(A) The Director of National Intelligence shall be responsible
for managing appropriations for the National Intelligence Programby directing the allotment or allocation of such appropriationsthrough the heads of the departments containing agencies ororganizations within the intelligence community and the Directorof the Central Intelligence Agency, with prior notice (includingthe provision of appropriate supporting information) to the headof the department containing an agency or organization receivingany such allocation or allotment or the Director of the CentralIntelligence Agency.
‘‘(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence Program,the Director of the Office of Management and Budget shall exercisethe authority of the Director of the Office of Management andBudget to apportion funds, at the exclusive direction of the Directorof National Intelligence, for allocation to the elements of the intel-ligence community through the relevant host executive departmentsand the Central Intelligence Agency. Department comptrollers orappropriate budget execution officers shall allot, allocate,reprogram, or transfer funds appropriated for the National Intel-ligence Program in an expeditious manner.
‘‘(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence Programby the heads of the elements of the intelligence community thatmanage programs and activities that are part of the National Intel-ligence Program, which may include audits and evaluations.
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‘‘(6) Apportionment and allotment of funds under this sub-
section shall be subject to chapter 13 and section 1517 of title31, United States Code, and the Congressional Budget andImpoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
‘‘(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April 1,2007, to the President and the Congress regarding implementationof this section.
‘‘(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after learningof any instance in which a departmental comptroller acts in amanner inconsistent with the law (including permanent statutes,authorization Acts, and appropriations Acts), or the direction ofthe Director of National Intelligence, in carrying out the NationalIntelligence Program.
‘‘(d) R
OLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
TRANSFER AND REPROGRAMMING OF FUNDS .—(1)(A) No funds made
available under the National Intelligence Program may be trans-ferred or reprogrammed without the prior approval of the Directorof National Intelligence, except in accordance with procedures pre-scribed by the Director of National Intelligence.
‘‘(B) The Secretary of Defense shall consult with the Director
of National Intelligence before transferring or reprogramming fundsmade available under the Joint Military Intelligence Program.
‘‘(2) Subject to the succeeding provisions of this subsection,
the Director of National Intelligence may transfer or reprogramfunds appropriated for a program within the National IntelligenceProgram to another such program.
‘‘(3) The Director of National Intelligence may only transfer
or reprogram funds referred to in subparagraph (A)—
‘‘(A) with the approval of the Director of the Office of
Management and Budget; and
‘‘(B) after consultation with the heads of departments con-
taining agencies or organizations within the intelligencecommunity to the extent such agencies or organizations areaffected, and, in the case of the Central Intelligence Agency,after consultation with the Director of the Central IntelligenceAgency.‘‘(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, andthe terms and conditions governing such transfers andreprogrammings, are subject to the provisions of annual appropria-tions Acts and this subsection.
‘‘(5)(A) A transfer or reprogramming of funds or personnel
may be made under this subsection only if—
‘‘(i) the funds are being transferred to an activity that
is a higher priority intelligence activity;
‘‘(ii) the transfer or reprogramming supports an emergent
need, improves program effectiveness, or increases efficiency;
‘‘(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for Contin-gencies of the Director of National Intelligence or the Reservefor Contingencies of the Central Intelligence Agency;
‘‘(iv) the transfer or reprogramming results in a cumulative
transfer or reprogramming of funds out of any departmentor agency, as appropriate, funded in the National IntelligenceProgram in a single fiscal year—Reports.Deadlines.
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‘‘(I) that is less than $150,000,000, and
‘‘(II) that is less than 5 percent of amounts available
to a department or agency under the National IntelligenceProgram; and‘‘(v) the transfer or reprogramming does not terminate an
acquisition program.‘‘(B) A transfer or reprogramming may be made without regard
to a limitation set forth in clause (iv) or (v) of subparagraph (A)if the transfer has the concurrence of the head of the departmentinvolved or the Director of the Central Intelligence Agency (inthe case of the Central Intelligence Agency). The authority to pro-vide such concurrence may only be delegated by the head of thedepartment or agency involved to the deputy of such officer.
‘‘(6) Funds transferred or reprogrammed under this subsection
shall remain available for the same period as the appropriationsaccount to which transferred or reprogrammed.
‘‘(7) Any transfer or reprogramming of funds under this sub-
section shall be carried out in accordance with existing proceduresapplicable to reprogramming notifications for the appropriatecongressional committees. Any proposed transfer or reprogrammingfor which notice is given to the appropriate congressional commit-tees shall be accompanied by a report explaining the nature ofthe proposed transfer or reprogramming and how it satisfies therequirements of this subsection. In addition, the congressional intel-ligence committees shall be promptly notified of any transfer orreprogramming of funds made pursuant to this subsection in anycase in which the transfer or reprogramming would not have other-wise required reprogramming notification under procedures in effectas of the date of the enactment of this subsection.
‘‘(e) T
RANSFER OF PERSONNEL .—(1)(A) In addition to any other
authorities available under law for such purposes, in the firsttwelve months after establishment of a new national intelligencecenter, the Director of National Intelligence, with the approvalof the Director of the Office of Management and Budget and inconsultation with the congressional committees of jurisdictionreferred to in subparagraph (B), may transfer not more than 100personnel authorized for elements of the intelligence communityto such center.
‘‘(B) The Director of National Intelligence shall promptly pro-
vide notice of any transfer of personnel made pursuant to thisparagraph to—
‘‘(i) the congressional intelligence committees;‘‘(ii) the Committees on Appropriations of the Senate and
the House of Representatives;
‘‘(iii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Servicesof the Senate and the House of Representatives; and
‘‘(iv) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciaryof the Senate and the House of Representatives.‘‘(C) The Director shall include in any notice under subpara-
graph (B) an explanation of the nature of the transfer and howit satisfies the requirements of this subsection.
‘‘(2)(A) The Director of National Intelligence, with the approval
of the Director of the Office of Management and Budget and inaccordance with procedures to be developed by the Director ofNational Intelligence and the heads of the departments and agenciesNotice.Notification.Reports.
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concerned, may transfer personnel authorized for an element of
the intelligence community to another such element for a periodof not more than 2 years.
‘‘(B) A transfer of personnel may be made under this paragraph
only if—
‘‘(i) the personnel are being transferred to an activity that
is a higher priority intelligence activity; and
‘‘(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.‘‘(C) The Director of National Intelligence shall promptly pro-
vide notice of any transfer of personnel made pursuant to thisparagraph to—
‘‘(i) the congressional intelligence committees;‘‘(ii) in the case of the transfer of personnel to or from
the Department of Defense, the Committees on Armed Servicesof the Senate and the House of Representatives; and
‘‘(iii) in the case of the transfer of personnel to or from
the Department of Justice, to the Committees on the Judiciaryof the Senate and the House of Representatives.‘‘(D) The Director shall include in any notice under subpara-
graph (C) an explanation of the nature of the transfer and howit satisfies the requirements of this paragraph.
‘‘(3) It is the sense of Congress that—
‘‘(A) the nature of the national security threats facing the
United States will continue to challenge the intelligencecommunity to respond rapidly and flexibly to bring analyticresources to bear against emerging and unforeseen require-ments;
‘‘(B) both the Office of the Director of National Intelligence
and any analytic centers determined to be necessary shouldbe fully and properly supported with appropriate levels of per-sonnel resources and that the President’s yearly budgetrequests adequately support those needs; and
‘‘(C) the President should utilize all legal and administra-
tive discretion to ensure that the Director of National Intel-ligence and all other elements of the intelligence communityhave the necessary resources and procedures to respondpromptly and effectively to emerging and unforeseen nationalsecurity challenges.
‘‘(f) T
ASKING AND OTHER AUTHORITIES .—(1)(A) The Director
of National Intelligence shall—
‘‘(i) establish objectives, priorities, and guidance for the
intelligence community to ensure timely and effective collection,processing, analysis, and dissemination (including access byusers to collected data consistent with applicable law and,as appropriate, the guidelines referred to in subsection (b)and analytic products generated by or within the intelligencecommunity) of national intelligence;
‘‘(ii) determine requirements and priorities for, and manage
and direct the tasking of, collection, analysis, production, anddissemination of national intelligence by elements of the intel-ligence community, including—
‘‘(I) approving requirements (including those require-
ments responding to needs provided by consumers) forcollection and analysis; andNotice.
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‘‘(II) resolving conflicts in collection requirements and
in the tasking of national collection assets of the elementsof the intelligence community; and‘‘(iii) provide advisory tasking to intelligence elements of
those agencies and departments not within the National Intel-ligence Program.‘‘(B) The authority of the Director of National Intelligence under
subparagraph (A) shall not apply—
‘‘(i) insofar as the President so directs;‘‘(ii) with respect to clause (ii) of subparagraph (A), insofar
as the Secretary of Defense exercises tasking authority underplans or arrangements agreed upon by the Secretary of Defenseand the Director of National Intelligence; or
‘‘(iii) to the direct dissemination of information to State
government and local government officials and private sectorentities pursuant to sections 201 and 892 of the HomelandSecurity Act of 2002 (6 U.S.C. 121, 482).‘‘(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center and may establish such othernational intelligence centers as the Director determines necessary.
‘‘(3)(A) The Director of National Intelligence shall prescribe,
in consultation with the heads of other agencies or elements ofthe intelligence community, and the heads of their respectivedepartments, personnel policies and programs applicable to theintelligence community that—
‘‘(i) encourage and facilitate assignments and details of
personnel to national intelligence centers, and between ele-ments of the intelligence community;
‘‘(ii) set standards for education, training, and career
development of personnel of the intelligence community;
‘‘(iii) encourage and facilitate the recruitment and retention
by the intelligence community of highly qualified individualsfor the effective conduct of intelligence activities;
‘‘(iv) ensure that the personnel of the intelligence commu-
nity are sufficiently diverse for purposes of the collection andanalysis of intelligence through the recruitment and trainingof women, minorities, and individuals with diverse ethnic, cul-tural, and linguistic backgrounds;
‘‘(v) make service in more than one element of the intel-
ligence community a condition of promotion to such positionswithin the intelligence community as the Director shall specify;and
‘‘(vi) ensure the effective management of intelligence
community personnel who are responsible for intelligencecommunity-wide matters.‘‘(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable tomembers of the uniformed services.
‘‘(4) The Director of National Intelligence shall ensure compli-
ance with the Constitution and laws of the United States by theCentral Intelligence Agency and shall ensure such compliance byother elements of the intelligence community through the hostexecutive departments that manage the programs and activitiesthat are part of the National Intelligence Program.
‘‘(5) The Director of National Intelligence shall ensure the elimi-
nation of waste and unnecessary duplication within the intelligencecommunity.Policies.
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‘‘(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence information tobe collected under the Foreign Intelligence Surveillance Act of 1978(50 U.S.C. 1801 et seq.), and provide assistance to the AttorneyGeneral to ensure that information derived from electronic surveil-lance or physical searches under that Act is disseminated so itmay be used efficiently and effectively for national intelligencepurposes, except that the Director shall have no authority to director undertake electronic surveillance or physical search operationspursuant to that Act unless authorized by statute or Executiveorder.
‘‘(7) The Director of National Intelligence shall perform such
other functions as the President may direct.
‘‘(8) Nothing in this title shall be construed as affecting the
role of the Department of Justice or the Attorney General underthe Foreign Intelligence Surveillance Act of 1978.
‘‘(g) I
NTELLIGENCE INFORMATION SHARING .—(1) The Director
of National Intelligence shall have principal authority to ensuremaximum availability of and access to intelligence informationwithin the intelligence community consistent with national securityrequirements. The Director of National Intelligence shall—
‘‘(A) establish uniform security standards and procedures;‘‘(B) establish common information technology standards,
protocols, and interfaces;
‘‘(C) ensure development of information technology systems
that include multi-level security and intelligence integrationcapabilities;
‘‘(D) establish policies and procedures to resolve conflicts
between the need to share intelligence information and theneed to protect intelligence sources and methods;
‘‘(E) develop an enterprise architecture for the intelligence
community and ensure that elements of the intelligence commu-nity comply with such architecture; and
‘‘(F) have procurement approval authority over all enter-
prise architecture-related information technology items fundedin the National Intelligence Program.‘‘(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully andeffectively implement paragraph (1).
‘‘(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department oragency in question, a Federal agency or official shall not be consid-ered to have met any obligation to provide any information, report,assessment, or other material (including unevaluated intelligenceinformation) to that department or agency solely by virtue of havingprovided that information, report, assessment, or other materialto the Director of National Intelligence or the NationalCounterterrorism Center.
‘‘(4) Not later than February 1 of each year, the Director of
National Intelligence shall submit to the President and to theCongress an annual report that identifies any statute, regulation,policy, or practice that the Director believes impedes the abilityof the Director to fully and effectively implement paragraph (1).
‘‘(h) A
NALYSIS .—To ensure the most accurate analysis of intel-
ligence is derived from all sources to support national securityneeds, the Director of National Intelligence shall—
‘‘(1) implement policies and procedures—
Procedures.Deadline.
Reports.President.Procedures.Requirements.
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‘‘(A) to encourage sound analytic methods and
tradecraft throughout the elements of the intelligencecommunity;
‘‘(B) to ensure that analysis is based upon all sources
available; and
‘‘(C) to ensure that the elements of the intelligence
community regularly conduct competitive analysis of ana-lytic products, whether such products are produced by ordisseminated to such elements;‘‘(2) ensure that resource allocation for intelligence analysis
is appropriately proportional to resource allocation for intel-ligence collection systems and operations in order to maximizeanalysis of all collected data;
‘‘(3) ensure that differences in analytic judgment are fully
considered and brought to the attention of policymakers; and
‘‘(4) ensure that sufficient relationships are established
between intelligence collectors and analysts to facilitate greaterunderstanding of the needs of analysts.‘‘(i) P
ROTECTION OF INTELLIGENCE SOURCES AND METHODS .—
(1) The Director of National Intelligence shall protect intelligencesources and methods from unauthorized disclosure.
‘‘(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National Intelligenceshall establish and implement guidelines for the intelligencecommunity for the following purposes:
‘‘(A) Classification of information under applicable law,
Executive orders, or other Presidential directives.
‘‘(B) Access to and dissemination of intelligence, both in
final form and in the form when initially gathered.
‘‘(C) Preparation of intelligence products in such a way
that source information is removed to allow for disseminationat the lowest level of classification possible or in unclassifiedform to the extent practicable.‘‘(3) The Director may only delegate a duty or authority given
the Director under this subsection to the Principal Deputy Directorof National Intelligence.
‘‘(j) U
NIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
INFORMATION .—The Director of National Intelligence, subject to
the direction of the President, shall—
‘‘(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to anyofficer or employee of any agency or department of the UnitedStates and to employees of contractors of those agencies ordepartments;
‘‘(2) ensure the consistent implementation of those stand-
ards and procedures throughout such agencies and depart-ments;
‘‘(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by allelements of the intelligence community, and under contractsentered into by those agencies; and
‘‘(4) ensure that the process for investigation and adjudica-
tion of an application for access to sensitive compartmentedinformation is performed in the most expeditious manner pos-sible consistent with applicable standards for national security.‘‘(k) C
OORDINATION WITHFOREIGN GOVERNMENTS .—Under the
direction of the President and in a manner consistent with sectionGuidelines.
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207 of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director
of National Intelligence shall oversee the coordination of the rela-tionships between elements of the intelligence community and theintelligence or security services of foreign governments or inter-national organizations on all matters involving intelligence relatedto the national security or involving intelligence acquired throughclandestine means.
‘‘(l) E
NHANCED PERSONNEL MANAGEMENT .—(1)(A) The Director
of National Intelligence shall, under regulations prescribed by theDirector, provide incentives for personnel of elements of the intel-ligence community to serve—
‘‘(i) on the staff of the Director of National Intelligence;‘‘(ii) on the staff of the national intelligence centers;‘‘(iii) on the staff of the National Counterterrorism Center;
and
‘‘(iv) in other positions in support of the intelligence commu-
nity management functions of the Director.‘‘(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as theDirector considers appropriate.
‘‘(2)(A) Notwithstanding any other provision of law, the per-
sonnel of an element of the intelligence community who are assignedor detailed under paragraph (1)(A) to service under the Directorof National Intelligence shall be promoted at rates equivalent toor better than personnel of such element who are not so assignedor detailed.
‘‘(B) The Director may prescribe regulations to carry out this
section.
‘‘(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligencecommunity through various elements of the intelligence communityin the course of their careers in order to facilitate the widestpossible understanding by such personnel of the variety of intel-ligence requirements, methods, users, and capabilities.
‘‘(B) The mechanisms prescribed under subparagraph (A) may
include the following:
‘‘(i) The establishment of special occupational categories
involving service, over the course of a career, in more thanone element of the intelligence community.
‘‘(ii) The provision of rewards for service in positions under-
taking analysis and planning of operations involving two ormore elements of the intelligence community.
‘‘(iii) The establishment of requirements for education,
training, service, and evaluation for service involving morethan one element of the intelligence community.‘‘(C) It is the sense of Congress that the mechanisms prescribed
under this subsection should, to the extent practical, seek to dupli-cate for civilian personnel within the intelligence community thejoint officer management policies established by chapter 38 of title10, United States Code, and the other amendments made by titleIV of the Goldwater-Nichols Department of Defense ReorganizationAct of 1986 (Public Law 99–433).
‘‘(4)(A) Except as provided in subparagraph (B) and subpara-
graph (D), this subsection shall not apply with respect to personnelof the elements of the intelligence community who are membersof the uniformed services.Regulations.
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‘‘(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with respectto members of the uniformed services who are assigned to anelement of the intelligence community funded through the NationalIntelligence Program, but such mechanisms shall not be inconsistentwith personnel policies and education and training requirementsotherwise applicable to members of the uniformed services.
‘‘(C) The personnel policies and programs developed and imple-
mented under this subsection with respect to law enforcement offi-cers (as that term is defined in section 5541(3) of title 5, UnitedStates Code) shall not affect the ability of law enforcement entitiesto conduct operations or, through the applicable chain of command,to control the activities of such law enforcement officers.
‘‘(D) Assignment to the Office of the Director of National Intel-
ligence of commissioned officers of the Armed Forces shall be consid-ered a joint-duty assignment for purposes of the joint officermanagement policies prescribed by chapter 38 of title 10, UnitedStates Code, and other provisions of that title.
‘‘(m) A
DDITIONAL AUTHORITY WITHRESPECT TO PERSONNEL .—
(1) In addition to the authorities under subsection (f)(3), the Directorof National Intelligence may exercise with respect to the personnelof the Office of the Director of National Intelligence any authorityof the Director of the Central Intelligence Agency with respectto the personnel of the Central Intelligence Agency under the Cen-tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), andother applicable provisions of law, as of the date of the enactmentof this subsection to the same extent, and subject to the sameconditions and limitations, that the Director of the Central Intel-ligence Agency may exercise such authority with respect to per-sonnel of the Central Intelligence Agency.
‘‘(2) Employees and applicants for employment of the Office
of the Director of National Intelligence shall have the same rightsand protections under the Office of the Director of National Intel-ligence as employees of the Central Intelligence Agency have underthe Central Intelligence Agency Act of 1949, and other applicableprovisions of law, as of the date of the enactment of this subsection.
‘‘(n) A
CQUISITION AUTHORITIES .—(1) In carrying out the respon-
sibilities and authorities under this section, the Director of NationalIntelligence may exercise the acquisition and appropriationsauthorities referred to in the Central Intelligence Agency Act of1949 (50 U.S.C. 403a et seq.) other than the authorities referredto in section 8(b) of that Act (50 U.S.C. 403j(b)).
‘‘(2) For the purpose of the exercise of any authority referred
to in paragraph (1), a reference to the head of an agency shallbe deemed to be a reference to the Director of National Intelligenceor the Principal Deputy Director of National Intelligence.
‘‘(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agencymay be made with respect to individual purchases and contractsor with respect to classes of purchases or contracts, and shallbe final.
‘‘(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of NationalIntelligence may, in such official’s discretion, delegate to any officeror other official of the Office of the Director of National Intelligenceany authority to make a determination or decision as the headof the agency under an authority referred to in paragraph (1).
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‘‘(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d))shall apply to the exercise by the Director of National Intelligenceof an authority referred to in paragraph (1).
‘‘(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the CentralIntelligence Agency Act of 1949 shall be based upon written findingsmade by the official making such determination or decision, whichfindings shall be final and shall be available within the Officeof the Director of National Intelligence for a period of at leastsix years following the date of such determination or decision.
‘‘(o) C
ONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE
COMMUNITY .—In carrying out the duties and responsibilities under
this section, the Director of National Intelligence shall take intoaccount the views of a head of a department containing an elementof the intelligence community and of the Director of the CentralIntelligence Agency.
‘‘(p) R
ESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET CON-
CERNING THE DEPARTMENT OF DEFENSE .—Subject to the direction
of the President, the Director of National Intelligence shall, afterconsultation with the Secretary of Defense, ensure that the NationalIntelligence Program budgets for the elements of the intelligencecommunity that are within the Department of Defense are adequateto satisfy the national intelligence needs of the Department ofDefense, including the needs of the Chairman of the Joint Chiefsof Staff and the commanders of the unified and specified commands,and wherever such elements are performing Government-wide func-tions, the needs of other Federal departments and agencies.
‘‘(q) A
CQUISITIONS OF MAJOR SYSTEMS .—(1) For each intel-
ligence program within the National Intelligence Program for theacquisition of a major system, the Director of National Intelligenceshall—
‘‘(A) require the development and implementation of a pro-
gram management plan that includes cost, schedule, andperformance goals and program milestone criteria, except thatwith respect to Department of Defense programs the Directorshall consult with the Secretary of Defense;
‘‘(B) serve as exclusive milestone decision authority, except
that with respect to Department of Defense programs theDirector shall serve as milestone decision authority jointly withthe Secretary of Defense or the designee of the Secretary;and
‘‘(C) periodically—
‘‘(i) review and assess the progress made toward the
achievement of the goals and milestones established insuch plan; and
‘‘(ii) submit to Congress a report on the results of
such review and assessment.
‘‘(2) If the Director of National Intelligence and the Secretary
of Defense are unable to reach an agreement on a milestone decisionunder paragraph (1)(B), the President shall resolve the conflict.
‘‘(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate toany other official any authority to perform the responsibilities ofthe Director under this subsection.
‘‘(4) In this subsection:
President.Reports.
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‘‘(A) The term ‘intelligence program’, with respect to the
acquisition of a major system, means a program that—
‘‘(i) is carried out to acquire such major system for
an element of the intelligence community; and
‘‘(ii) is funded in whole out of amounts available for
the National Intelligence Program.‘‘(B) The term ‘major system’ has the meaning given such
term in section 4(9) of the Federal Property and AdministrativeServices Act of 1949 (41 U.S.C. 403(9)).
‘‘(r) P
ERFORMANCE OF COMMON SERVICES .—The Director of
National Intelligence shall, in consultation with the heads of depart-ments and agencies of the United States Government containingelements within the intelligence community and with the Directorof the Central Intelligence Agency, coordinate the performance bythe elements of the intelligence community within the NationalIntelligence Program of such services as are of common concernto the intelligence community, which services the Director ofNational Intelligence determines can be more efficiently accom-plished in a consolidated manner.
‘‘
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
‘‘SEC. 103. (a) O FFICE OF DIRECTOR OF NATIONAL INTEL –
LIGENCE .—There is an Office of the Director of National Intelligence.
‘‘(b) F UNCTION .—The function of the Office of the Director of
National Intelligence is to assist the Director of National Intel-ligence in carrying out the duties and responsibilities of the Directorunder this Act, the National Security Act of 1947 (50 U.S.C. 401et seq.), and other applicable provisions of law, and to carry outsuch other duties as may be prescribed by the President or bylaw.
‘‘(c) C
OMPOSITION .—The Office of the Director of National Intel-
ligence is composed of the following:
‘‘(1) The Director of National Intelligence.‘‘(2) The Principal Deputy Director of National Intelligence.‘‘(3) Any Deputy Director of National Intelligence appointed
under section 103A.
‘‘(4) The National Intelligence Council.‘‘(5) The General Counsel.‘‘(6) The Civil Liberties Protection Officer.‘‘(7) The Director of Science and Technology.‘‘(8) The National Counterintelligence Executive (including
the Office of the National Counterintelligence Executive).
‘‘(9) Such other offices and officials as may be established
by law or the Director may establish or designate in the Office,including national intelligence centers.‘‘(d) S
TAFF .—(1) To assist the Director of National Intelligence
in fulfilling the duties and responsibilities of the Director, theDirector shall employ and utilize in the Office of the Directorof National Intelligence a professional staff having an expertisein matters relating to such duties and responsibilities, and mayestablish permanent positions and appropriate rates of pay withrespect to that staff.
‘‘(2) The staff of the Office of the Director of National Intel-
ligence under paragraph (1) shall include the staff of the Officeof the Deputy Director of Central Intelligence for CommunityManagement that is transferred to the Office of the Director ofEstablishment.50 USC 403–3.
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National Intelligence under section 1091 of the National Security
Intelligence Reform Act of 2004.
‘‘(e) L IMITATION ON CO-LOCATION WITHOTHER ELEMENTS OF
INTELLIGENCE COMMUNITY .—Commencing as of October 1, 2008,
the Office of the Director of National Intelligence may not be
co-located with any other element of the intelligence community.
‘‘DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
‘‘SEC. 103A. (a) P RINCIPAL DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE .—(1) There is a Principal Deputy Director of National
Intelligence who shall be appointed by the President, by and withthe advice and consent of the Senate.
‘‘(2) In the event of a vacancy in the position of Principal
Deputy Director of National Intelligence, the Director of NationalIntelligence shall recommend to the President an individual forappointment as Principal Deputy Director of National Intelligence.
‘‘(3) Any individual nominated for appointment as Principal
Deputy Director of National Intelligence shall have extensivenational security experience and management expertise.
‘‘(4) The individual serving as Principal Deputy Director of
National Intelligence shall not, while so serving, serve in anycapacity in any other element of the intelligence community.
‘‘(5) The Principal Deputy Director of National Intelligence
shall assist the Director of National Intelligence in carrying outthe duties and responsibilities of the Director.
‘‘(6) The Principal Deputy Director of National Intelligence
shall act for, and exercise the powers of, the Director of NationalIntelligence during the absence or disability of the Director ofNational Intelligence or during a vacancy in the position of Directorof National Intelligence.
‘‘(b) D
EPUTY DIRECTORS OF NATIONAL INTELLIGENCE .—(1) There
may be not more than four Deputy Directors of National Intelligencewho shall be appointed by the Director of National Intelligence.
‘‘(2) Each Deputy Director of National Intelligence appointed
under this subsection shall have such duties, responsibilities, andauthorities as the Director of National Intelligence may assignor are specified by law.
‘‘(c) M
ILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE
AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE .—
(1) Not more than one of the individuals serving in the positionsspecified in paragraph (2) may be a commissioned officer of theArmed Forces in active status.
‘‘(2) The positions referred to in this paragraph are the fol-
lowing:
‘‘(A) The Director of National Intelligence.‘‘(B) The Principal Deputy Director of National Intelligence.
‘‘(3) It is the sense of Congress that, under ordinary cir-
cumstances, it is desirable that one of the individuals serving inthe positions specified in paragraph (2)—
‘‘(A) be a commissioned officer of the Armed Forces, in
active status; or
‘‘(B) have, by training or experience, an appreciation of
military intelligence activities and requirements.‘‘(4) A commissioned officer of the Armed Forces, while serving
in a position specified in paragraph (2)—President.
Congress.50 USC 403–3a.Effective date.
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‘‘(A) shall not be subject to supervision or control by the
Secretary of Defense or by any officer or employee of the Depart-ment of Defense;
‘‘(B) shall not exercise, by reason of the officer’s status
as a commissioned officer, any supervision or control withrespect to any of the military or civilian personnel of theDepartment of Defense except as otherwise authorized by law;and
‘‘(C) shall not be counted against the numbers and percent-
ages of commissioned officers of the rank and grade of suchofficer authorized for the military department of that officer.‘‘(5) Except as provided in subparagraph (A) or (B) of paragraph
(4), the appointment of an officer of the Armed Forces to a positionspecified in paragraph (2) shall not affect the status, position,rank, or grade of such officer in the Armed Forces, or any emolu-ment, perquisite, right, privilege, or benefit incident to or arisingout of such status, position, rank, or grade.
‘‘(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2),while serving in such position and while remaining on active duty,shall continue to receive military pay and allowances and shallnot receive the pay prescribed for such position. Funds from whichsuch pay and allowances are paid shall be reimbursed from fundsavailable to the Director of National Intelligence.
‘‘
NATIONAL INTELLIGENCE COUNCIL
‘‘SEC. 103B. (a) N ATIONAL INTELLIGENCE COUNCIL .—There is
a National Intelligence Council.
‘‘(b) C OMPOSITION .—(1) The National Intelligence Council shall
be composed of senior analysts within the intelligence communityand substantive experts from the public and private sector, whoshall be appointed by, report to, and serve at the pleasure of,the Director of National Intelligence.
‘‘(2) The Director shall prescribe appropriate security require-
ments for personnel appointed from the private sector as a conditionof service on the Council, or as contractors of the Council oremployees of such contractors, to ensure the protection of intel-ligence sources and methods while avoiding, wherever possible,unduly intrusive requirements which the Director considers to beunnecessary for this purpose.
‘‘(c) D
UTIES AND RESPONSIBILITIES .—(1) The National Intel-
ligence Council shall—
‘‘(A) produce national intelligence estimates for the United
States Government, including alternative views held by ele-ments of the intelligence community and other informationas specified in paragraph (2);
‘‘(B) evaluate community-wide collection and production of
intelligence by the intelligence community and the require-ments and resources of such collection and production; and
‘‘(C) otherwise assist the Director of National Intelligence
in carrying out the responsibilities of the Director under section102A.‘‘(2) The Director of National Intelligence shall ensure that
the Council satisfies the needs of policymakers and other consumersof intelligence.
‘‘(d) S
ERVICE AS SENIOR INTELLIGENCE ADVISERS .—Within their
respective areas of expertise and under the direction of the DirectorRequirements.Establishment.
50 USC 403–3b.
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of National Intelligence, the members of the National Intelligence
Council shall constitute the senior intelligence advisers of the intel-ligence community for purposes of representing the views of theintelligence community within the United States Government.
‘‘(e) A
UTHORITY TOCONTRACT .—Subject to the direction and
control of the Director of National Intelligence, the National Intel-ligence Council may carry out its responsibilities under this sectionby contract, including contracts for substantive experts necessaryto assist the Council with particular assessments under this section.
‘‘(f) S
TAFF .—The Director of National Intelligence shall make
available to the National Intelligence Council such staff as maybe necessary to permit the Council to carry out its responsibilitiesunder this section.
‘‘(g) A
VAILABILITY OF COUNCIL AND STAFF .—(1) The Director
of National Intelligence shall take appropriate measures to ensurethat the National Intelligence Council and its staff satisfy theneeds of policymaking officials and other consumers of intelligence.
‘‘(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associatedwith the intelligence community.
‘‘(h) S
UPPORT .—The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to theNational Intelligence Council, including the preparation of intel-ligence analyses, as may be required by the Director of NationalIntelligence.
‘‘(i) N
ATIONAL INTELLIGENCE COUNCIL PRODUCT .—For purposes
of this section, the term ‘National Intelligence Council product’includes a National Intelligence Estimate and any other intelligencecommunity assessment that sets forth the judgment of the intel-ligence community as a whole on a matter covered by such product.
‘‘
GENERAL COUNSEL
‘‘SEC. 103C. (a) G ENERAL COUNSEL .—There is a General
Counsel of the Office of the Director of National Intelligence whoshall be appointed by the President, by and with the advice andconsent of the Senate.
‘‘(b) P
ROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF
ANOTHER AGENCY .—The individual serving in the position of Gen-
eral Counsel may not, while so serving, also serve as the GeneralCounsel of any other department, agency, or element of the UnitedStates Government.
‘‘(c) S
COPE OF POSITION .—The General Counsel is the chief
legal officer of the Office of the Director of National Intelligence.
‘‘(d) F UNCTIONS .—The General Counsel shall perform such func-
tions as the Director of National Intelligence may prescribe.
‘‘CIVIL LIBERTIES PROTECTION OFFICER
‘‘SEC. 103D. (a) C IVIL LIBERTIES PROTECTION OFFICER .—(1)
Within the Office of the Director of National Intelligence, thereis a Civil Liberties Protection Officer who shall be appointed bythe Director of National Intelligence.
‘‘(2) The Civil Liberties Protection Officer shall report directly
to the Director of National Intelligence.
‘‘(b) D
UTIES .—The Civil Liberties Protection Officer shall—
‘‘(1) ensure that the protection of civil liberties and privacy
is appropriately incorporated in the policies and proceduresGovernmentorganization.50 USC 403–3d.President.
Congress.50 USC 403–3c.
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developed for and implemented by the Office of the Director
of National Intelligence and the elements of the intelligencecommunity within the National Intelligence Program;
‘‘(2) oversee compliance by the Office and the Director
of National Intelligence with requirements under the Constitu-tion and all laws, regulations, Executive orders, and imple-menting guidelines relating to civil liberties and privacy;
‘‘(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in theadministration of the programs and operations of the Officeand the Director of National Intelligence and, as appropriate,investigate any such complaint or information;
‘‘(4) ensure that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection,and disclosure of personal information;
‘‘(5) ensure that personal information contained in a system
of records subject to section 552a of title 5, United StatesCode (popularly referred to as the ‘Privacy Act’), is handledin full compliance with fair information practices as set outin that section;
‘‘(6) conduct privacy impact assessments when appropriate
or as required by law; and
‘‘(7) perform such other duties as may be prescribed by
the Director of National Intelligence or specified by law.‘‘(c) U
SE OF AGENCY INSPECTORS GENERAL .—When appropriate,
the Civil Liberties Protection Officer may refer complaints to theOffice of Inspector General having responsibility for the affectedelement of the department or agency of the intelligence communityto conduct an investigation under paragraph (3) of subsection (b).
‘‘
DIRECTOR OF SCIENCE AND TECHNOLOGY
‘‘SEC. 103E. (a) D IRECTOR OF SCIENCE AND TECHNOLOGY .—
There is a Director of Science and Technology within the Officeof the Director of National Intelligence who shall be appointedby the Director of National Intelligence.
‘‘(b) R
EQUIREMENT RELATING TO APPOINTMENT .—An individual
appointed as Director of Science and Technology shall have a profes-sional background and experience appropriate for the duties ofthe Director of Science and Technology.
‘‘(c) D
UTIES .—The Director of Science and Technology shall—
‘‘(1) act as the chief representative of the Director of
National Intelligence for science and technology;
‘‘(2) chair the Director of National Intelligence Science and
Technology Committee under subsection (d);
‘‘(3) assist the Director in formulating a long-term strategy
for scientific advances in the field of intelligence;
‘‘(4) assist the Director on the science and technology ele-
ments of the budget of the Office of the Director of NationalIntelligence; and
‘‘(5) perform other such duties as may be prescribed by
the Director of National Intelligence or specified by law.‘‘(d) D
IRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND TECH-
NOLOGY COMMITTEE .—(1) There is within the Office of the Director
of Science and Technology a Director of National IntelligenceScience and Technology Committee.
‘‘(2) The Committee shall be composed of the principal science
officers of the National Intelligence Program.Governmentorganization.Government
organization.50 USC 403–3e.
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‘‘(3) The Committee shall—
‘‘(A) coordinate advances in research and development
related to intelligence; and
‘‘(B) perform such other functions as the Director of Science
and Technology shall prescribe.
‘‘NATIONAL COUNTERINTELLIGENCE EXECUTIVE
‘‘SEC. 103F. (a) N ATIONAL COUNTERINTELLIGENCE EXECUTIVE .—
The National Counterintelligence Executive under section 902 ofthe Counterintelligence Enhancement Act of 2002 (title IX of PublicLaw 107–306; 50 U.S.C. 402b et seq.) is a component of the Officeof the Director of National Intelligence.
‘‘(b) D
UTIES .—The National Counterintelligence Executive shall
perform the duties provided in the Counterintelligence Enhance-ment Act of 2002 and such other duties as may be prescribedby the Director of National Intelligence or specified by law.
‘‘
CENTRAL INTELLIGENCE AGENCY
‘‘SEC. 104. (a) C ENTRAL INTELLIGENCE AGENCY .—There is a
Central Intelligence Agency.
‘‘(b) F UNCTION .—The function of the Central Intelligence Agency
is to assist the Director of the Central Intelligence Agency incarrying out the responsibilities specified in section 104A(c).
‘‘
DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
‘‘SEC. 104A. (a) D IRECTOR OF CENTRAL INTELLIGENCE AGENCY .—
There is a Director of the Central Intelligence Agency who shallbe appointed by the President, by and with the advice and consentof the Senate.
‘‘(b) S
UPERVISION .—The Director of the Central Intelligence
Agency shall report to the Director of National Intelligenceregarding the activities of the Central Intelligence Agency.
‘‘(c) D
UTIES .—The Director of the Central Intelligence Agency
shall—
‘‘(1) serve as the head of the Central Intelligence Agency;
and
‘‘(2) carry out the responsibilities specified in subsection
(d).‘‘(d) R
ESPONSIBILITIES .—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 CentralIntelligence Agency shall have no police, subpoena, or lawenforcement powers or internal security functions;
‘‘(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of suchintelligence;
‘‘(3) provide overall direction for and coordination of the
collection of national intelligence outside the United Statesthrough human sources by elements of the intelligence commu-nity authorized to undertake such collection and, in coordina-tion with other departments, agencies, or elements of theUnited States Government which are authorized to undertakesuch collection, ensure that the most effective use is madeof resources and that appropriate account is taken of the risksPresident.Congress.50 USC 403–4a.50 USC 403–4.Government
organization.50 USC 403–3f.
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to the United States and those involved in such collection;
and
‘‘(4) perform such other functions and duties related to
intelligence affecting the national security as the Presidentor the Director of National Intelligence may direct.‘‘(e) T
ERMINATION OF EMPLOYMENT OF CIA E MPLOYEES .—(1)
Notwithstanding the provisions of any other law, the Director ofthe Central Intelligence Agency may, in the discretion of theDirector, terminate the employment of any officer or employeeof the Central Intelligence Agency whenever the Director deemsthe termination of employment of such officer or employee necessaryor 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 oremployee to seek or accept employment in any other department,agency, or element of the United States Government if declaredeligible for such employment by the Office of Personnel Manage-ment.
‘‘(f) C
OORDINATION WITHFOREIGN GOVERNMENTS .—Under the
direction of the Director of National Intelligence and in a mannerconsistent with section 207 of the Foreign Service Act of 1980(22 U.S.C. 3927), the Director of the Central Intelligence Agencyshall coordinate the relationships between elements of the intel-ligence community and the intelligence or security services of for-eign governments or international organizations on all mattersinvolving intelligence related to the national security or involvingintelligence acquired through clandestine means.’’.
(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in theface of great personal dangers;
(2) during an extended period of unprecedented investment
and improvements in technical collection means, the humanintelligence capabilities of the United States have not receivedthe necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly impor-
tant capability to provide information on the asymmetricthreats to the national security of the United States;
(4) the continued development and improvement of a robust
and empowered and flexible human intelligence work forceis critical to identifying, understanding, and countering theplans and intentions of the adversaries of the United States;and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligencecapabilities of the United States intelligence community must
be among the top priorities of the Director of National Intel-ligence.(c) T
RANSFORMATION OF CENTRAL INTELLIGENCE AGENCY .—The
Director of the Central Intelligence Agency shall, in accordancewith standards developed by the Director in consultation with theDirector of National Intelligence—
(1) enhance the analytic, human intelligence, and other
capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program
within the Agency;50 USC 403–4b.50 USC 403–4b
note.
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(3) emphasize the hiring of personnel of diverse back-
grounds for purposes of improving the capabilities of theAgency;
(4) establish and maintain effective relationships between
human intelligence and signals intelligence within the Agencyat the operational level; and
(5) achieve a more effective balance within the Agency
with respect to unilateral operations and liaison operations.(d) R
EPORT .—(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Central IntelligenceAgency shall submit to the Director of National Intelligence andthe congressional intelligence committees a report setting forththe following:
(A) A strategy for improving the conduct of analysis
(including strategic analysis) by the Central IntelligenceAgency, and the progress of the Agency in implementing thatstrategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the Agencyin implementing that strategy.(2)(A) The information in the report under paragraph (1) on
the strategy referred to in paragraph (1)(B) shall—
(i) identify the number and types of personnel required
to implement that strategy;
(ii) include a plan for the recruitment, training, equipping,
and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a
proper balance does not exist between unilateral operations andliaison operations, such report shall set forth the steps to be takento achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
‘‘(5) The terms ‘national intelligence’ and ‘intelligence
related to national security’ refer to all intelligence, regardlessof the source from which derived and including informationgathered within or outside the United States, that—
‘‘(A) pertains, as determined consistent with any guid-
ance issued by the President, to more than one UnitedStates Government agency; and
‘‘(B) that involves—
‘‘(i) threats to the United States, its people, prop-
erty, or interests;
‘‘(ii) the development, proliferation, or use of
weapons of mass destruction; or
‘‘(iii) any other matter bearing on United States
national or homeland security.’’.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION
BETWEEN DEPARTMENT OF DEFENSE AND CENTRALINTELLIGENCE AGENCY.
(a) D EVELOPMENT OF PROCEDURES .—The Director of National
Intelligence, in consultation with the Secretary of Defense andthe Director of the Central Intelligence Agency, shall develop jointprocedures to be used by the Department of Defense and the CentralIntelligence Agency to improve the coordination and deconfliction50 USC 403–1note.
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of operations that involve elements of both the Armed Forces and
the Central Intelligence Agency consistent with national securityand the protection of human intelligence sources and methods.Those procedures shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central Intel-
ligence Agency and the Secretary of Defense can improvecommunication and coordination in the planning, execution,and sustainment of operations, including, as a minimum—
(A) information exchange between senior officials of
the Central Intelligence Agency and senior officers andofficials of the Department of Defense when planning forsuch an operation commences by either organization; and
(B) exchange of information between the Secretary and
the Director of the Central Intelligence Agency to ensurethat senior operational officials in both the Departmentof Defense and the Central Intelligence Agency have knowl-edge of the existence of the ongoing operations of the other.(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conductingseparate missions in the same geographical area, a mutualagreement on the tactical and strategic objectives for the regionand a clear delineation of operational responsibilities to preventconflict and duplication of effort.(b) I
MPLEMENTATION REPORT .—Not later than 180 days after
the date of the enactment of the Act, the Director of NationalIntelligence shall submit to the congressional defense committees(as defined in section 101 of title 10, United States Code) andthe congressional intelligence committees (as defined in section3(7) of the National Security Act of 1947 (50 U.S.C. 401a(7)))a report describing the procedures established pursuant to sub-section (a) and the status of the implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN
APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLEFOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403–6) is amended by striking all after the heading and insertingthe following:
‘‘(a) R
ECOMMENDATION OF DNI INCERTAIN APPOINTMENTS .—
(1) In the event of a vacancy in a position referred to in paragraph(2), the Director of National Intelligence shall recommend to thePresident an individual for nomination to fill the vacancy.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Principal Deputy Director of National Intelligence.‘‘(B) The Director of the Central Intelligence Agency.
‘‘(b) C
ONCURRENCE OF DNI INAPPOINTMENTS TO POSITIONS
IN THE INTELLIGENCE COMMUNITY .—(1) In the event of a vacancy
in a position referred to in paragraph (2), the head of the depart-ment or agency having jurisdiction over the position shall obtainthe concurrence of the Director of National Intelligence beforeappointing an individual to fill the vacancy or recommending tothe President an individual to be nominated to fill the vacancy.If the Director does not concur in the recommendation, the headof the department or agency concerned may not fill the vacancyor make the recommendation to the President (as the case maybe). In the case in which the Director does not concur in sucha recommendation, the Director and the head of the departmentApplicability.50 USC 403–6.
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or agency concerned may advise the President directly of the
intention to withhold concurrence or to make a recommendation,as the case may be.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Director of the National Security Agency.‘‘(B) The Director of the National Reconnaissance Office.‘‘(C) The Director of the National Geospatial-Intelligence
Agency.
‘‘(D) The Assistant Secretary of State for Intelligence and
Research.
‘‘(E) The Director of the Office of Intelligence of the Depart-
ment of Energy.
‘‘(F) The Director of the Office of Counterintelligence of
the Department of Energy.
‘‘(G) The Assistant Secretary for Intelligence and Analysis
of the Department of the Treasury.
‘‘(H) The Executive Assistant Director for Intelligence of
the Federal Bureau of Investigation or any successor to thatposition.
‘‘(I) The Assistant Secretary of Homeland Security for
Information Analysis.‘‘(c) C
ONSULTATION WITHDNI INCERTAIN POSITIONS .—(1) In
the event of a vacancy in a position referred to in paragraph(2), the head of the department or agency having jurisdiction overthe position shall consult with the Director of National Intelligencebefore appointing an individual to fill the vacancy or recommendingto the President an individual to be nominated to fill the vacancy.
‘‘(2) Paragraph (1) applies to the following positions:
‘‘(A) The Director of the Defense Intelligence Agency.‘‘(B) The Assistant Commandant of the Coast Guard for
Intelligence.’’.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) E XECUTIVE SCHEDULE LEVEL I.—Section 5312 of title 5,
United States Code, is amended by adding at the end the followingnew item:
‘‘Director of National Intelligence.’’.
(b) E
XECUTIVE SCHEDULE LEVEL II.—Section 5313 of title 5,
United States Code, is amended by adding at the end the followingnew items:
‘‘Principal Deputy Director of National Intelligence.‘‘Director of the National Counterterrorism Center.‘‘Director of the National Counter Proliferation Center.’’.
(c) E
XECUTIVE SCHEDULE LEVEL IV.—Section 5315 of title 5,
United States Code, is amended—
(1) by striking the item relating to the Assistant Directors
of Central Intelligence; and
(2) by adding at the end the following new item:‘‘General Counsel of the Office of the National Intelligence
Director.’’.
SEC. 1016. INFORMATION SHARING.
(a) D EFINITIONS .—In this section:
(1) I NFORMATION SHARING COUNCIL .—The term ‘‘Informa-
tion Sharing Council’’ means the Information Systems Councilestablished by Executive Order 13356, or any successor bodydesignated by the President, and referred to under subsection(g).6 USC 485.Applicability.Applicability.
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(2) I NFORMATION SHARING ENVIRONMENT ; ISE.—The terms
‘‘information sharing environment’’ and ‘‘ISE’’ mean anapproach that facilitates the sharing of terrorism information,which approach may include any methods determined necessaryand appropriate for carrying out this section.
(3) P
ROGRAM MANAGER .—The term ‘‘program manager’’
means the program manager designated under subsection (f).
(4) T ERRORISM INFORMATION .—The term ‘‘terrorism
information’’ means all information, whether collected, pro-duced, 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 materialsupport, or activities of foreign or international terroristgroups or individuals, or of domestic groups or individualsinvolved in transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United Statesinterests, or to those of other nations;
(C) communications of or by such groups or individuals;
or
(D) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals.
(b) I
NFORMATION SHARING ENVIRONMENT .—
(1) E STABLISHMENT .—The President shall—
(A) create an information sharing environment for the
sharing of terrorism information in a manner consistentwith national security and with applicable legal standardsrelating to privacy and civil liberties;
(B) designate the organizational and management
structures that will be used to operate and manage theISE; and
(C) determine and enforce the policies, directives, and
rules that will govern the content and usage of the ISE.(2) A
TTRIBUTES .—The President shall, through the struc-
tures described in subparagraphs (B) and (C) of paragraph(1), ensure that the ISE provides and facilitates the meansfor sharing terrorism information among all appropriate Fed-eral, State, local, and tribal entities, and the private sector
through the use of policy guidelines and technologies. The Presi-dent shall, to the greatest extent practicable, ensure that theISE provides the functional equivalent of, or otherwise supports,a decentralized, distributed, and coordinated environmentthat—
(A) connects existing systems, where appropriate, pro-
vides no single points of failure, and allows users to shareinformation among agencies, between levels of government,and, as appropriate, with the private sector;
(B) ensures direct and continuous online electronic
access to information;
(C) facilitates the availability of information in a form
and manner that facilitates its use in analysis, investiga-tions and operations;
(D) builds upon existing systems capabilities currently
in use across the Government;President.
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(E) employs an information access management
approach that controls access to data rather than justsystems and networks, without sacrificing security;
(F) facilitates the sharing of information at and across
all levels of security;
(G) provides directory services, or the functional
equivalent, for locating people and information;
(H) incorporates protections for individuals’ privacy
and civil liberties; and
(I) incorporates strong mechanisms to enhance account-
ability and facilitate oversight, including audits, authen-tication, and access controls.
(c) P
RELIMINARY REPORT .—Not later than 180 days after the
date of the enactment of this Act, the program manager shall,in consultation with the Information Sharing Council—
(1) submit to the President and Congress a description
of the technological, legal, and policy issues presented by thecreation of the ISE, and the way in which these issues willbe addressed;
(2) establish an initial capability to provide electronic direc-
tory services, or the functional equivalent, to assist in locatingin the Federal Government intelligence and terrorism informa-tion and people with relevant knowledge about intelligenceand terrorism information; and
(3) conduct a review of relevant current Federal agency
capabilities, databases, and systems for sharing information.(d) G
UIDELINES AND REQUIREMENTS .—As soon as possible, but
in no event later than 270 days after the date of the enactmentof this Act, the President shall—
(1) leverage all ongoing efforts consistent with establishing
the ISE and issue guidelines for acquiring, accessing, sharing,and using information, including guidelines to ensure thatinformation is provided in its most shareable form, such asby using tearlines to separate out data from the sources andmethods by which the data are obtained;
(2) in consultation with the Privacy and Civil Liberties
Oversight Board established under section 1061, issue guide-lines that—
(A) protect privacy and civil liberties in the develop-
ment and use of the ISE; and
(B) shall be made public, unless nondisclosure is clearly
necessary to protect national security; and(3) require the heads of Federal departments and agencies
to promote a culture of information sharing by—
(A) reducing disincentives to information sharing,
including over-classification of information and unneces-sary requirements for originator approval, consistent withapplicable laws and regulations; and
(B) providing affirmative incentives for information
sharing.
(e) I
MPLEMENTATION PLAN REPORT .—Not later than one year
after the date of the enactment of this Act, the President shall,with the assistance of the program manager, submit to Congressa report containing an implementation plan for the ISE. The reportshall include the following:
(1) A description of the functions, capabilities, resources,
and conceptual design of the ISE, including standards.President.Deadline.
President.Electronic
directory.
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(2) A description of the impact on enterprise architectures
of participating agencies.
(3) A budget estimate that identifies the incremental costs
associated with designing, testing, integrating, deploying, andoperating the ISE.
(4) A project plan for designing, testing, integrating,
deploying, and operating the ISE.
(5) The policies and directives referred to in subsection
(b)(1)(C), as well as the metrics and enforcement mechanismsthat will be utilized.
(6) Objective, systemwide performance measures to enable
the assessment of progress toward achieving the fullimplementation of the ISE.
(7) A description of the training requirements needed to
ensure that the ISE will be adequately implemented and prop-erly utilized.
(8) A description of the means by which privacy and civil
liberties will be protected in the design and operation of theISE.
(9) The recommendations of the program manager, in con-
sultation with the Information Sharing Council, regardingwhether, and under what conditions, the ISE should beexpanded to include other intelligence information.
(10) A delineation of the roles of the Federal departments
and agencies that will participate in the ISE, including anidentification of the agencies that will deliver the infrastructureneeded to operate and manage the ISE (as distinct from indi-vidual department or agency components that are part of theISE), with such delineation of roles to be consistent with—
(A) the authority of the Director of National Intel-
ligence under this title, and the amendments made bythis title, to set standards for information sharing through-out the intelligence community; and
(B) the authority of the Secretary of Homeland Security
and the Attorney General, and the role of the Departmentof Homeland Security and the Attorney General, in coordi-nating with State, local, and tribal officials and the privatesector.(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for a futuremanagement structure for the ISE, including whether the posi-tion of program manager should continue to remain in exist-ence.(f) P
ROGRAM MANAGER .—
(1) D ESIGNATION .—Not later than 120 days after the date
of the enactment of this Act, with notification to Congress,the President shall designate an individual as the programmanager responsible for information sharing across the FederalGovernment. The individual designated as the program man-ager shall serve as program manager during the two-year periodbeginning on the date of designation under this paragraphunless sooner removed from service and replaced by the Presi-dent (at the President’s sole discretion). The program managershall have and exercise governmentwide authority.
(2) D
UTIES AND RESPONSIBILITIES .—
(A) I N GENERAL .—The program manager shall, in con-
sultation with the Information Sharing Council—Deadline.President.Notification.
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(i) plan for and oversee the implementation of,
and manage, the ISE;
(ii) assist in the development of policies, proce-
dures, guidelines, rules, and standards as appropriateto foster the development and proper operation of theISE; and
(iii) assist, monitor, and assess the implementation
of the ISE by Federal departments and agencies toensure adequate progress, technological consistencyand policy compliance; and regularly report thefindings to Congress.(B) C
ONTENT OF POLICIES , PROCEDURES , GUIDELINES ,
RULES , AND STANDARDS .—The policies, procedures, guide-
lines, rules, and standards under subparagraph (A)(ii)shall—
(i) take into account the varying missions and
security requirements of agencies participating in theISE;
(ii) address development, implementation, and
oversight of technical standards and requirements;
(iii) take into account ongoing and planned efforts
that support development, implementation andmanagement of the ISE;
(iv) address and facilitate information sharing
between and among departments and agencies of theintelligence community, the Department of Defense,the homeland security community and the law enforce-ment community;
(v) address and facilitate information sharing
between Federal departments and agencies and State,tribal, and local governments;
(vi) address and facilitate, as appropriate, informa-
tion sharing between Federal departments and agen-cies and the private sector;
(vii) address and facilitate, as appropriate,
information sharing between Federal departments andagencies with foreign partners and allies; and
(viii) ensure the protection of privacy and civil
liberties.
(g) I
NFORMATION SHARING COUNCIL .—
(1) E STABLISHMENT .—There is established an Information
Sharing Council that shall assist the President and the programmanager in their duties under this section. The InformationSharing Council shall serve during the two-year period begin-ning on the date of the initial designation of the programmanager by the President under subsection (f)(1), unless soonerremoved from service and replaced by the President (at thesole discretion of the President) with a successor body.
(2) S
PECIFIC DUTIES .—In assisting the President and the
program manager in their duties under this section, theInformation Sharing Council shall—
(A) advise the President and the program manager
in developing policies, procedures, guidelines, roles, andstandards necessary to establish, implement, and maintainthe ISE;
(B) work to ensure coordination among the Federal
departments and agencies participating in the ISE in the
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establishment, implementation, and maintenance of the
ISE;
(C) identify and, as appropriate, recommend the
consolidation and elimination of current programs, systems,and processes used by Federal departments and agenciesto share information, and recommend, as appropriate, theredirection of existing resources to support the ISE;
(D) identify gaps, if any, between existing technologies,
programs and systems used by Federal departments andagencies to share information and the parameters of theproposed information sharing environment;
(E) recommend solutions to address any gaps identified
under subparagraph (D);
(F) recommend means by which the ISE can be
extended to allow interchange of information between Fed-eral departments and agencies and appropriate authoritiesof State and local governments; and
(G) recommend whether or not, and by which means,
the ISE should be expanded so as to allow future expansionencompassing other relevant categories of information.(3) C
ONSULTATION .—In performing its duties, the Informa-
tion Sharing Council shall consider input from persons andentities outside the Federal Government having significantexperience and expertise in policy, technical matters, and oper-ational matters relating to the ISE.
(4) I
NAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.—The Information Sharing Council shall not be subject
to the requirements of the Federal Advisory Committee Act(5 U.S.C. App.).(h) P
ERFORMANCE MANAGEMENT REPORTS .—
(1) I N GENERAL .—Not later than two years after the date
of the enactment of this Act, and annually thereafter, thePresident shall submit to Congress a report on the state ofthe ISE and of information sharing across the Federal Govern-ment.
(2) C
ONTENT .—Each report under this subsection shall
include—
(A) a progress report on the extent to which the ISE
has been implemented, including how the ISE has faredon the performance measures and whether the performancegoals set in the preceding year have been met;
(B) objective system-wide performance goals for the
following year;
(C) an accounting of how much was spent on the ISE
in the preceding year;
(D) actions taken to ensure that procurement of and
investments in systems and technology are consistent withthe implementation plan for the ISE;
(E) the extent to which all terrorism watch lists are
available for combined searching in real time through theISE and whether there are consistent standards for placingindividuals on, and removing individuals from, the watchlists, including the availability of processes for correctingerrors;
(F) the extent to which State, tribal, and local officials
are participating in the ISE;
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(G) the extent to which private sector data, including
information from owners and operators of critical infra-structure, is incorporated in the ISE, and the extent towhich individuals and entities outside the government arereceiving information through the ISE;
(H) the measures taken by the Federal government
to ensure the accuracy of information in the ISE, in par-ticular the accuracy of information about individuals;
(I) an assessment of the privacy and civil liberties
protections of the ISE, including actions taken in the pre-ceding year to implement or enforce privacy and civil lib-erties protections; and
(J) an assessment of the security protections used in
the ISE.
(i) A
GENCY RESPONSIBILITIES .—The head of each department
or agency that possesses or uses intelligence or terrorism informa-tion, operates a system in the ISE, or otherwise participates (orexpects to participate) in the ISE shall—
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, andstandards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for systems
and activities supporting operation of and participation in theISE;
(3) ensure full department or agency cooperation in the
development of the ISE to implement governmentwide informa-tion sharing; and
(4) submit, at the request of the President or the program
manager, any reports on the implementation of the require-ments of the ISE within such department or agency.(j) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out this section $20,000,000 for eachof fiscal years 2005 and 2006.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTEL-
LIGENCE COMMUNITY.
(a) I NGENERAL .—Not later than 180 days after the effective
date of this Act, the Director of National Intelligence shall establisha process and assign an individual or entity the responsibilityfor ensuring that, as appropriate, elements of the intelligencecommunity conduct alternative analysis (commonly referred to as‘‘red-team analysis’’) of the information and conclusions in intel-ligence products.
(b) R
EPORT .—Not later than 270 days after the effective date
of this Act, the Director of National Intelligence shall provide areport to the Select Committee on Intelligence of the Senate andthe Permanent Select Committee of the House of Representatives
on the implementation of subsection (a).
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND
PRESERVATION OF AUTHORITIES.
The President shall issue guidelines to ensure the effective
implementation and execution within the executive branch of theauthorities granted to the Director of National Intelligence by thistitle and the amendments made by this title, in a manner thatrespects and does not abrogate the statutory responsibilities ofthe heads of the departments of the United States Governmentconcerning such departments, including, but not limited to:50 USC 403 note.Deadline.
Establishment.Guidelines.50 USC 403–1
note.
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(1) the authority of the Director of the Office of Manage-
ment and Budget; and
(2) the authority of the principal officers of the executive
departments as heads of their respective departments,including, but not limited to, under—
(A) section 199 of the Revised Statutes (22 U.S.C.
2651);
(B) title II of the Department of Energy Organization
Act (42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities Act of
1956;
(D) section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of title
10, 503 of title 28, and 301(b) of title 31, United StatesCode.
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANA-
LYTIC INTEGRITY.
(a) A SSIGNMENT OF RESPONSIBILITIES .—For purposes of carrying
out section 102A(h) of the National Security Act of 1947 (as addedby section 1011(a)), the Director of National Intelligence shall,not later than 180 days after the date of the enactment of thisAct, assign an individual or entity to be responsible for ensuringthat finished intelligence products produced by any element orelements of the intelligence community are timely, objective, inde-pendent of political considerations, based upon all sources of avail-able intelligence, and employ the standards of proper analytictradecraft.
(b) R
ESPONSIBILITIES .—(1) The individual or entity assigned
responsibility under subsection (a)—
(A) may be responsible for general oversight and manage-
ment of analysis and production, but may not be directly respon-sible for, or involved in, the specific production of any finishedintelligence product;
(B) shall perform, on a regular basis, detailed reviews
of finished intelligence product or other analytic products byan element or elements of the intelligence community covering
a particular topic or subject matter;
(C) shall be responsible for identifying on an annual basis
functional or topical areas of analysis for specific review undersubparagraph (B); and
(D) upon completion of any review under subparagraph
(B), may draft lessons learned, identify best practices, or makerecommendations for improvement to the analytic tradecraftemployed in the production of the reviewed product or products.(2) Each review under paragraph (1)(B) should—
(A) include whether the product or products concerned
were based on all sources of available intelligence, properlydescribe the quality and reliability of underlying sources, prop-erly caveat and express uncertainties or confidence in analyticjudgments, properly distinguish between underlying intel-ligence and the assumptions and judgments of analysts, andincorporate, where appropriate, alternative analyses; and
(B) ensure that the analytic methodologies, tradecraft, and
practices used by the element or elements concerned in theDeadline.50 USC 403–1a.
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production of the product or products concerned meet the stand-
ards set forth in subsection (a).(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and casestudies for use throughout the intelligence community.
(c) A
NNUAL REPORTS .—Not later than December 1 each year,
the Director of National Intelligence shall submit to the congres-sional intelligence committees, the heads of the relevant elementsof the intelligence community, and the heads of analytic trainingdepartments a report containing a description, and the associatedfindings, of each review under subsection (b)(1)(B) during suchyear.
(d) C
ONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED .—In
this section, the term ‘‘congressional intelligence committees’’means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) I NGENERAL .—Not later than 180 days after the effective
date of this Act, the Director of National Intelligence shall identifyan individual within the Office of the Director of National Intel-ligence who shall be available to analysts within the Office ofthe Director of National Intelligence to counsel, conduct arbitration,offer recommendations, and, as appropriate, initiate inquiries intoreal or perceived problems of analytic tradecraft or politicization,biased reporting, or lack of objectivity in intelligence analysis.
(b) R
EPORT .—Not later than 270 days after the effective date
of this Act, the Director of National Intelligence shall provide areport to the Select Committee on Intelligence of the Senate andthe Permanent Select Committee on Intelligence of the House ofRepresentatives on the implementation of subsection (a).
Subtitle B—National Counterterrorism
Center, National Counter ProliferationCenter, and National Intelligence Cen-ters
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by adding at the end the following new section:
‘‘NATIONAL COUNTERTERRORISM CENTER
‘‘SEC. 119. (a) E STABLISHMENT OF CENTER .—There is within
the Office of the Director of National Intelligence a NationalCounterterrorism Center.
‘‘(b) D
IRECTOR OF NATIONAL COUNTERTERRORISM CENTER .—(1)
There is a Director of the National Counterterrorism Center, whoshall be the head of the National Counterterrorism Center, andwho shall be appointed by the President, by and with the adviceand consent of the Senate.President.Congress.50 USC 404 o.50 USC 403–1a
note.Deadline.
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‘‘(2) The Director of the National Counterterrorism Center may
not simultaneously serve in any other capacity in the executivebranch.
‘‘(c) R
EPORTING .—(1) The Director of the National
Counterterrorism Center shall report to the Director of NationalIntelligence with respect to matters described in paragraph (2)and the President with respect to matters described in paragraph(3).
‘‘(2) The matters described in this paragraph are as follows:
‘‘(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 (h).
‘‘(C) The conduct of intelligence operations implemented
by other elements of the intelligence community; and‘‘(3) The matters described in this paragraph are the planning
and progress of joint counterterrorism operations (other than intel-ligence operations).’’.
‘‘(d) P
RIMARY MISSIONS .—The primary missions of the National
Counterterrorism Center shall be as follows:
‘‘(1) To serve as the primary organization in the United
States Government for analyzing and integrating all intel-ligence possessed or acquired by the United States Governmentpertaining to terrorism and counterterrorism, excepting intel-ligence pertaining exclusively to domestic terrorists anddomestic counterterrorism.
‘‘(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments ofnational power, including diplomatic, financial, military, intel-ligence, homeland security, and law enforcement activitieswithin and among agencies.
‘‘(3) To assign roles and responsibilities as part of its stra-
tegic operational planning duties to lead Departments or agen-cies, as appropriate, for counterterrorism activities that areconsistent with applicable law and that supportcounterterrorism strategic operational plans, but shall notdirect the execution of any resulting operations.
‘‘(4) To ensure that agencies, as appropriate, have access
to and receive all-source intelligence support needed to executetheir counterterrorism plans or perform independent, alter-native analysis.
‘‘(5) To ensure that such agencies have access to and receive
intelligence needed to accomplish their assigned activities.
‘‘(6) To serve as the central and shared knowledge bank
on known and suspected terrorists and international terrorgroups, as well as their goals, strategies, capabilities, and net-
works of contacts and support.‘‘(e) D
OMESTIC COUNTERTERRORISM INTELLIGENCE .—(1) The
Center may, consistent with applicable law, the direction of thePresident, and the guidelines referred to in section 102A(b), receiveintelligence pertaining exclusively to domestic counterterrorismfrom any Federal, State, or local government or other source nec-essary to fulfill its responsibilities and retain and disseminate suchintelligence.
‘‘(2) Any agency authorized to conduct counterterrorism activi-
ties may request information from the Center to assist it in its
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responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
‘‘(f) D UTIES AND RESPONSIBILITIES OF DIRECTOR .—(1) The
Director of the National Counterterrorism Center shall—
‘‘(A) serve as the principal adviser to the Director of
National Intelligence on intelligence operations relating tocounterterrorism;
‘‘(B) provide strategic operational plans for the civilian
and military counterterrorism efforts of the United StatesGovernment and for the effective integration ofcounterterrorism intelligence and operations across agencyboundaries, both inside and outside the United States;
‘‘(C) advise the Director of National Intelligence on the
extent to which the counterterrorism program recommendationsand budget proposals of the departments, agencies, and ele-ments of the United States Government conform to the prior-ities established by the President;
‘‘(D) disseminate terrorism information, including current
terrorism threat analysis, to the President, the Vice President,the Secretaries of State, Defense, and Homeland Security, theAttorney General, the Director of the Central IntelligenceAgency, and other officials of the executive branch as appro-priate, and to the appropriate committees of Congress;
‘‘(E) support the Department of Justice and the Department
of Homeland Security, and other appropriate agencies, in fulfill-ment of their responsibilities to disseminate terrorism informa-tion, consistent with applicable law, guidelines referred to insection 102A(b), Executive orders and other Presidential guid-ance, to State and local government officials, and other entities,and coordinate dissemination of terrorism information to foreigngovernments as approved by the Director of National Intel-ligence;
‘‘(F) develop a strategy for combining terrorist travel intel-
ligence operations and law enforcement planning and oper-ations into a cohesive effort to intercept terrorists, find terroristtravel facilitators, and constrain terrorist mobility;
‘‘(G) have primary responsibility within the United States
Government for conducting net assessments of terrorist threats;
‘‘(H) consistent with priorities approved by the President,
assist the Director of National Intelligence in establishingrequirements for the intelligence community for the collectionof terrorism information; and
‘‘(I) perform such other duties as the Director of National
Intelligence may prescribe or are prescribed by law.‘‘(2) Nothing in paragraph (1)(G) shall limit the authority of
the departments and agencies of the United States to conduct
net assessments.
‘‘(g) L
IMITATION .—The Director of the National
Counterterrorism Center may not direct the execution ofcounterterrorism operations.
‘‘(h) R
ESOLUTION OF DISPUTES .—The Director of National Intel-
ligence shall resolve disagreements between the NationalCounterterrorism Center and the head of a department, agency,or element of the United States Government on designations,assignments, plans, or responsibilities under this section. The headof such a department, agency, or element may appeal the resolution
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of the disagreement by the Director of National Intelligence to
the President.
‘‘(i) D IRECTORATE OF INTELLIGENCE .—The Director of the
National Counterterrorism Center shall establish and maintainwithin the National Counterterrorism Center a Directorate of Intel-ligence which shall have primary responsibility within the UnitedStates Government for analysis of terrorism and terrorist organiza-tions (except for purely domestic terrorism and domestic terroristorganizations) from all sources of intelligence, whether collectedinside or outside the United States.
‘‘(j) D
IRECTORATE OF STRATEGIC OPERATIONAL PLANNING .—(1)
The Director of the National Counterterrorism Center shall estab-lish and maintain within the National Counterterrorism Centera Directorate of Strategic Operational Planning which shall providestrategic operational plans for counterterrorism operations con-ducted by the United States Government.
‘‘(2) Strategic operational planning shall include the mission,
objectives to be achieved, tasks to be performed, interagencycoordination of operational activities, and the assignment of rolesand responsibilities.
‘‘(3) The Director of the National Counterterrorism Center shall
monitor the implementation of strategic operational plans, and shallobtain information from each element of the intelligence community,and from each other department, agency, or element of the UnitedStates Government relevant for monitoring the progress of such
entity in implementing such plans.’’.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by
section 1021 of this Act, is further amended by adding at theend the following new section:
‘‘
NATIONAL COUNTER PROLIFERATION CENTER
‘‘SEC. 119A. (a) E STABLISHMENT .—Not later than 18 months
after the date of the enactment of the National Security IntelligenceReform Act of 2004, the President shall establish a National CounterProliferation Center, taking into account all appropriate governmenttools to prevent and halt the proliferation of weapons of massdestruction, their delivery systems, and related materials and tech-nologies.
‘‘(b) M
ISSIONS AND OBJECTIVES .—In establishing the National
Counter Proliferation Center, the President shall address the fol-lowing missions and objectives to prevent and halt the proliferationof weapons of mass destruction, their delivery systems, and relatedmaterials and technologies:
‘‘(1) Establishing a primary organization within the United
States Government for analyzing and integrating all intel-ligence possessed or acquired by the United States pertainingto proliferation.
‘‘(2) Ensuring that appropriate agencies have full access
to and receive all-source intelligence support needed to executetheir counter proliferation plans or activities, and perform inde-pendent, alternative analyses.
‘‘(3) Establishing a central repository on known and sus-
pected proliferation activities, including the goals, strategies,capabilities, networks, and any individuals, groups, or entitiesengaged in proliferation.Deadline.President.50 USC 404 o–1.Establishment.Establishment.
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‘‘(4) Disseminating proliferation information, including pro-
liferation threats and analyses, to the President, to the appro-priate departments and agencies, and to the appropriatecommittees of Congress.
‘‘(5) Conducting net assessments and warnings about the
proliferation of weapons of mass destruction, their deliverysystems, and related materials and technologies.
‘‘(6) Coordinating counter proliferation plans and activities
of the various departments and agencies of the United StatesGovernment to prevent and halt the proliferation of weaponsof mass destruction, their delivery systems, and related mate-rials and technologies.
‘‘(7) Conducting strategic operational counter proliferation
planning for the United States Government to prevent andhalt the proliferation of weapons of mass destruction, theirdelivery systems, and related materials and technologies.‘‘(c) N
ATIONAL SECURITY WAIVER .—The President may waive
the requirements of this section, and any parts thereof, if thePresident determines that such requirements do not materiallyimprove the ability of the United States Government to preventand halt the proliferation of weapons of mass destruction, theirdelivery systems, and related materials and technologies. Suchwaiver shall be made in writing to Congress and shall includea description of how the missions and objectives in subsection(b) are being met.
‘‘(d) R
EPORT TO CONGRESS .—(1) Not later than nine months
after the implementation of this Act, the President shall submitto Congress, in classified form if necessary, the findings and rec-ommendations of the President’s Commission on Weapons of MassDestruction established by Executive Order in February 2004,together with the views of the President regarding the establish-ment of a National Counter Proliferation Center.
‘‘(2) If the President decides not to exercise the waiver authority
granted by subsection (c), the President shall submit to Congressfrom time to time updates and plans regarding the establishmentof a National Counter Proliferation Center.
‘‘(e) S
ENSE OF CONGRESS .—It is the sense of Congress that
a central feature of counter proliferation activities, consistent withthe President’s Proliferation Security Initiative, should include thephysical interdiction, by air, sea, or land, of weapons of massdestruction, their delivery systems, and related materials and tech-nologies, and enhanced law enforcement activities to identify anddisrupt proliferation networks, activities, organizations, and per-sons.’’.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by
section 1022 of this Act, is further amended by adding at theend the following new section:
‘‘
NATIONAL INTELLIGENCE CENTERS
‘‘SEC. 119B. (a) A UTHORITY TOESTABLISH .—The Director of
National Intelligence may establish one or more national intel-ligence centers to address intelligence priorities, including, but notlimited to, regional issues.
‘‘(b) R
ESOURCES OF DIRECTORS OF CENTERS .—(1) The Director
of National Intelligence shall ensure that the head of each national50 USC 404 o–2.President.
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intelligence center under subsection (a) has appropriate authority,
direction, and control of such center, and of the personnel assignedto such center, to carry out the assigned mission of such center.
‘‘(2) The Director of National Intelligence shall ensure that
each national intelligence center has appropriate personnel toaccomplish effectively the mission of such center.
‘‘(c) I
NFORMATION SHARING .—The Director of National Intel-
ligence shall, to the extent appropriate and practicable, ensurethat each national intelligence center under subsection (a) andthe other elements of the intelligence community share informationin order to facilitate the mission of such center.
‘‘(d) M
ISSION OF CENTERS .—Pursuant to the direction of the
Director of National Intelligence, each national intelligence centerunder subsection (a) may, in the area of intelligence responsibilityassigned to such center—
‘‘(1) have primary responsibility for providing all-source
analysis of intelligence based upon intelligence gathered bothdomestically and abroad;
‘‘(2) have primary responsibility for identifying and pro-
posing to the Director of National Intelligence intelligencecollection and analysis and production requirements; and
‘‘(3) perform such other duties as the Director of National
Intelligence shall specify.‘‘(e) R
EVIEW AND MODIFICATION OF CENTERS .—The Director of
National Intelligence shall determine on a regular basis whether—
‘‘(1) the area of intelligence responsibility assigned to each
national intelligence center under subsection (a) continues tomeet appropriate intelligence priorities; and
‘‘(2) the staffing and management of such center remains
appropriate for the accomplishment of the mission of suchcenter.‘‘(f) T
ERMINATION .—The Director of National Intelligence may
terminate any national intelligence center under subsection (a).
‘‘(g) S EPARATE BUDGET ACCOUNT .—The Director of National
Intelligence shall, as appropriate, include in the National Intel-ligence Program budget a separate line item for each nationalintelligence center under subsection (a).’’.
Subtitle C—Joint Intelligence Community
Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by inserting after section 101 the followingnew section:
‘‘
JOINT INTELLIGENCE COMMUNITY COUNCIL
‘‘SEC. 101A. (a) J OINT INTELLIGENCE COMMUNITY COUNCIL .—
There is a Joint Intelligence Community Council.
‘‘(b) M EMBERSHIP .—The Joint Intelligence Community Council
shall consist of the following:
‘‘(1) The Director of National Intelligence, who shall chair
the Council.
‘‘(2) The Secretary of State.‘‘(3) The Secretary of the Treasury.Establishment.50 USC 402–1.
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‘‘(4) The Secretary of Defense.
‘‘(5) The Attorney General.‘‘(6) The Secretary of Energy.‘‘(7) The Secretary of Homeland Security.‘‘(8) Such other officers of the United States Government
as the President may designate from time to time.‘‘(c) F
UNCTIONS .—The Joint Intelligence Community Council
shall assist the Director of National Intelligence in developing andimplementing a joint, unified national intelligence effort to protectnational security by—
‘‘(1) advising the Director on establishing requirements,
developing budgets, financial management, and monitoring andevaluating the performance of the intelligence community, andon such other matters as the Director may request; and
‘‘(2) ensuring the timely execution of programs, policies,
and directives established or developed by the Director.‘‘(d) M
EETINGS .—The Director of National Intelligence shall
convene regular meetings of the Joint Intelligence CommunityCouncil.
‘‘(e) A
DVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIR –
MAN.—(1) A member of the Joint Intelligence Community Council
(other than the Chairman) may submit to the Chairman adviceor an opinion in disagreement with, or advice or an opinion inaddition to, the advice presented by the Director of National Intel-ligence to the President or the National Security Council, in therole of the Chairman as Chairman of the Joint Intelligence Commu-nity Council. If a member submits such advice or opinion, theChairman shall present the advice or opinion of such memberat the same time the Chairman presents the advice of the Chairmanto the President or the National Security Council, as the casemay be.
‘‘(2) The Chairman shall establish procedures to ensure that
the presentation of the advice of the Chairman to the Presidentor the National Security Council is not unduly delayed by reasonof the submission of the individual advice or opinion of anothermember of the Council.
‘‘(f) R
ECOMMENDATIONS TO CONGRESS .—Any member of the
Joint Intelligence Community Council may make such recommenda-tions to Congress relating to the intelligence community as suchmember considers appropriate.’’.
Subtitle D—Improvement of Education for
the Intelligence Community
SEC. 1041. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) F INDINGS .—Congress makes the following findings:
(1) Foreign language education is essential for the develop-
ment of a highly-skilled workforce for the intelligence commu-nity.
(2) Since September 11, 2001, the need for language pro-
ficiency levels to meet required national security functions hasbeen raised, and the ability to comprehend and articulate tech-nical and scientific information in foreign languages has becomecritical.(b) L
INGUISTIC REQUIREMENTS .—(1) The Director of National
Intelligence shall—50 USC 403–1b.Procedures.
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(A) identify the linguistic requirements for the Office of
the Director of National Intelligence;
(B) identify specific requirements for the range of linguistic
skills necessary for the intelligence community, including pro-ficiency in scientific and technical vocabularies of critical foreignlanguages; and
(C) develop a comprehensive plan for the Office to meet
such requirements through the education, recruitment, andtraining of linguists.(2) In carrying out activities under paragraph (1), the Director
shall take into account education grant programs of the Departmentof Defense and the Department of Education that are in existenceas of the date of the enactment of this Act.
(3) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Director shall submitto Congress a report on the requirements identified under para-graph (1), including the success of the Office of the Director ofNational Intelligence in meeting such requirements. Each reportshall notify Congress of any additional resources determined bythe Director to be required to meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified
form, but may include a classified annex.
(c) P
ROFESSIONAL INTELLIGENCE TRAINING .—The Director of
National Intelligence shall require the head of each element andcomponent within the Office of the Director of National Intelligencewho has responsibility for professional intelligence training toperiodically review and revise the curriculum for the professionalintelligence training of the senior and intermediate level personnelof such element or component in order to—
(1) strengthen the focus of such curriculum on the integra-
tion of intelligence collection and analysis throughout the Office;and
(2) prepare such personnel for duty with other departments,
agencies, and elements of the intelligence community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C. 441g)
is amended by adding at the end the following new section:
‘‘FRAMEWORK FOR CROSS -DISCIPLINARY EDUCATION AND TRAINING
‘‘SEC. 1002. The Director of National Intelligence shall establish
an integrated framework that brings together the educationalcomponents of the intelligence community in order to promote amore effective and productive intelligence community through cross-disciplinary education and joint training.’’.
SEC. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as amended
by section 1042 of this Act, is further amended by adding at theend the following new section:
‘‘
INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
‘‘SEC. 1003. (a) E STABLISHMENT .—
‘‘(1) I N GENERAL .—The Director of National Intelligence,
in consultation with the head of each agency of the intelligencecommunity, shall establish a scholarship program (to be knownas the ‘Intelligence Community Scholarship Program’) to award50 USC 441g–2.50 USC 441g–1.Notification.Deadline.
Reports.
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scholarships to individuals that is designed to recruit and pre-
pare students for civilian careers in the intelligence communityto meet the critical needs of the intelligence community agen-cies.
‘‘(2) S
ELECTION OF RECIPIENTS .—
‘‘(A) M ERIT AND AGENCY NEEDS .—Individuals shall be
selected to receive scholarships under this section througha competitive process primarily on the basis of academicmerit and the needs of the agency.
‘‘(B) D
EMONSTRATED COMMITMENT .—Individuals
selected under this section shall have a demonstratedcommitment to the field of study for which the scholarshipis awarded.‘‘(3) C
ONTRACTUAL AGREEMENTS .—To carry out the Program
the head of each agency shall enter into contractual agreementswith individuals selected under paragraph (2) under whichthe individuals agree to serve as full-time employees of theagency, for the period described in subsection (g)(1), in positionsneeded by the agency and for which the individuals are quali-fied, in exchange for receiving a scholarship.‘‘(b) E
LIGIBILITY .—In order to be eligible to participate in the
Program, an individual shall—
‘‘(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education and be pursuingor intend to pursue undergraduate or graduate education inan academic field or discipline described in the list made avail-able under subsection (d);
‘‘(2) be a United States citizen; and‘‘(3) at the time of the initial scholarship award, not be
an employee (as defined under section 2105 of title 5, UnitedStates Code).‘‘(c) A
PPLICATION .— An individual seeking a scholarship under
this section shall submit an application to the Director of NationalIntelligence at such time, in such manner, and containing suchinformation, agreements, or assurances as the Director may require.
‘‘(d) P
ROGRAMS AND FIELDS OF STUDY .—The Director of National
Intelligence shall—
‘‘(1) make publicly available a list of academic programs
and fields of study for which scholarships under the Programmay be used; and
‘‘(2) update the list as necessary.
‘‘(e) S
CHOLARSHIPS .—
‘‘(1) I N GENERAL .—The Director of National Intelligence
may provide a scholarship under the Program for an academicyear if the individual applying for the scholarship has submittedto the Director, as part of the application required under sub-section (c), a proposed academic program leading to a degreein a program or field of study on the list made availableunder subsection (d).
‘‘(2) L
IMITATION ON YEARS .—An individual may not receive
a scholarship under this section for more than 4 academicyears, unless the Director of National Intelligence grants awaiver.
‘‘(3) S
TUDENT RESPONSIBILITIES .—Scholarship recipients
shall maintain satisfactory academic progress.
‘‘(4) A MOUNT .—The dollar amount of a scholarship under
this section for an academic year shall be determined under
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regulations issued by the Director of National Intelligence,
but shall in no case exceed the cost of tuition, fees, and otherauthorized expenses as established by the Director.
‘‘(5) U
SE OF SCHOLARSHIPS .—A scholarship provided under
this section may be expended for tuition, fees, and other author-ized expenses as established by the Director of National Intel-ligence by regulation.
‘‘(6) P
AYMENT TO INSTITUTION OF HIGHER EDUCATION .—The
Director of National Intelligence may enter into a contractualagreement with an institution of higher education under whichthe amounts provided for a scholarship under this section fortuition, fees, and other authorized expenses are paid directlyto the institution with respect to which the scholarship isprovided.‘‘(f) S
PECIAL CONSIDERATION FOR CURRENT EMPLOYEES .—
‘‘(1) S ET ASIDE OF SCHOLARSHIPS .—Notwithstanding para-
graphs (1) and (3) of subsection (b), 10 percent of the scholar-ships awarded under this section shall be set aside for individ-uals who are employees of agencies on the date of enactmentof this section to enhance the education of such employeesin areas of critical needs of agencies.
‘‘(2) F
ULL- OR PART -TIME EDUCATION .—Employees who are
awarded scholarships under paragraph (1) shall be permittedto pursue undergraduate or graduate education under the schol-arship on a full-time or part-time basis.‘‘(g) E
MPLOYEE SERVICE .—
‘‘(1) P ERIOD OF SERVICE .—Except as provided in subsection
(i)(2), the period of service for which an individual shall beobligated to serve as an employee of the agency is 24 monthsfor each academic year for which a scholarship under thissection is provided. Under no circumstances shall the totalperiod of obligated service be more than 8 years.
‘‘(2) B
EGINNING OF SERVICE .—
‘‘(A) I N GENERAL .—Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin notlater than 60 days after the individual obtains the edu-cational degree for which the scholarship was provided.
‘‘(B) D
EFERRAL .—In accordance with regulations estab-
lished by the Director of National Intelligence, the Directoror designee may defer the obligation of an individual toprovide a period of service under paragraph (1) if theDirector or designee determines that such a deferral isappropriate.
‘‘(h) R
EPAYMENT .—
‘‘(1) I N GENERAL .—Scholarship recipients who fail to main-
tain a high level of academic standing, as defined by the
Director of National Intelligence, who are dismissed from theireducational institutions for disciplinary reasons, or who volun-tarily terminate academic training before graduation from theeducational program for which the scholarship was awarded,shall be in breach of their contractual agreement and, in lieuof any service obligation arising under such agreement, shallbe liable to the United States for repayment within 1 yearafter the date of default of all scholarship funds paid to themand to the institution of higher education on their behalf underthe agreement, except as provided in subsection (i)(2). The
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repayment period may be extended by the Director when deter-
mined to be necessary, as established by regulation.
‘‘(2) L IABILITY .—Scholarship recipients who, for any reason,
fail to begin or complete their service obligation after completionof academic training, or fail to comply with the terms andconditions of deferment established by the Director of NationalIntelligence under subsection (i)(2)(B), shall be in breach oftheir contractual agreement. When recipients breach theiragreements for the reasons stated in the preceding sentence,the recipient shall be liable to the United States for an amountequal to—
‘‘(A) the total amount of scholarships received by such
individual under this section; and
‘‘(B) the interest on the amounts of such awards which
would be payable if at the time the awards were receivedthey were loans bearing interest at the maximum legalprevailing rate, as determined by the Treasurer of theUnited States, multiplied by 3.
‘‘(i) C
ANCELLATION , W AIVER , ORSUSPENSION OF OBLIGATION .—
‘‘(1) C ANCELLATION .—Any obligation of an individual
incurred under the Program (or a contractual agreement there-under) for service or payment shall be canceled upon the deathof the individual.
‘‘(2) W
AIVER OR SUSPENSION .—The Director of National
Intelligence shall prescribe regulations to provide for the partialor total waiver or suspension of any obligation of service orpayment incurred by an individual under the Program (ora contractual agreement thereunder) whenever compliance bythe individual is impossible or would involve extreme hardshipto the individual, or if enforcement of such obligation withrespect to the individual would be contrary to the best interestsof the Government.‘‘(j) R
EGULATIONS .—The Director of National Intelligence shall
prescribe regulations necessary to carry out this section.
‘‘(k) D EFINITIONS .—In this section:
‘‘(1) A GENCY .—The term ‘agency’ means each element of
the intelligence community as determined by the Director ofNational Intelligence.
‘‘(2) I
NSTITUTION OF HIGHER EDUCATION .—The term ‘institu-
tion of higher education’ has the meaning given that termunder section 101 of the Higher Education Act of 1965 (20U.S.C. 1001).
‘‘(3) P
ROGRAM .—The term ‘Program’ means the Intelligence
Community Scholarship Program established under subsection(a).’’.
Subtitle E—Additional Improvements of
Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTEL-
LIGENCE COMMUNITY.
The Director of National Intelligence, in cooperation with the
Secretary of Defense and the Secretary of Energy, should seekto ensure that each service laboratory of the Department of Defenseand each national laboratory of the Department of Energy may,
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acting through the relevant Secretary and in a manner consistent
with the missions and commitments of the laboratory—
(1) assist the Director of National Intelligence in all aspects
of technical intelligence, including research, applied sciences,analysis, technology evaluation and assessment, and any otheraspect that the relevant Secretary considers appropriate; and
(2) make available to the intelligence community, on a
community-wide basis—
(A) the analysis and production services of the service
and national laboratories, in a manner that maximizesthe capacity and services of such laboratories; and
(B) the facilities and human resources of the service
and national laboratories, in a manner that improves thetechnological capabilities of the intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) S ENSE OF CONGRESS .—It is the sense of Congress that—
(1) the Director of National Intelligence should establish
an intelligence center for the purpose of coordinating the collec-tion, analysis, production, and dissemination of open-sourceintelligence to elements of the intelligence community;
(2) open-source intelligence is a valuable source that must
be integrated into the intelligence cycle to ensure that UnitedStates policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each element
of the intelligence community uses open-source intelligence con-sistent with the mission of such element.(b) R
EQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMU –
NITY OF OPEN-SOURCE INTELLIGENCE .—The Director of National
Intelligence shall ensure that the intelligence community makesefficient and effective use of open-source information and analysis.
(c) R
EPORT .—Not later than June 30, 2005, the Director of
National Intelligence shall submit to the congressional intelligencecommittees a report containing the decision of the Director asto whether an open-source intelligence center will be established.If the Director decides not to establish an open-source intelligencecenter, such report shall also contain a description of how theintelligence community will use open-source intelligence and effec-tively integrate open-source intelligence into the national intel-ligence cycle.
(d) C
ONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED .—In
this section, the term ‘‘congressional intelligence committees’’means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) E STABLISHMENT .—The Director of National Intelligence may
provide for the establishment and training of a National IntelligenceReserve Corps (in this section referred to as ‘‘National IntelligenceReserve Corps’’) for the temporary reemployment on a voluntarybasis of former employees of elements of the intelligence communityduring periods of emergency, as determined by the Director.50 USC 403–1c.50 USC 403–1
note.
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(b) E LIGIBLE INDIVIDUALS .—An individual may participate in
the National Intelligence Reserve Corps only if the individual pre-viously served as a full time employee of an element of the intel-ligence community.
(c) T
ERMS OF PARTICIPATION .—The Director of National Intel-
ligence shall prescribe the terms and conditions under which eligibleindividuals may participate in the National Intelligence ReserveCorps.
(d) E
XPENSES .—The Director of National Intelligence may
provide members of the National Intelligence Reserve Corpstransportation and per diem in lieu of subsistence for purposesof participating in any training that relates to service as a memberof the Reserve Corps.
(e) T
REATMENT OF ANNUITANTS .—(1) If an annuitant receiving
an annuity from the Civil Service Retirement and Disability Fundbecomes temporarily reemployed pursuant to this section, suchannuity shall not be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an
employee for the purposes of chapter 83 or 84 of title 5, UnitedStates Code.
(f) T
REATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL INTEL –
LIGENCE PERSONNEL CEILING .—A member of the National Intel-
ligence Reserve Corps who is reemployed on a temporary basispursuant to this section shall not count against any personnelceiling applicable to the Office of the Director of National Intel-ligence.
Subtitle F—Privacy and Civil Liberties
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) In conducting the war on terrorism, the Federal Govern-
ment may need additional powers and may need to enhancethe use of its existing powers.
(2) This potential shift of power and authority to the Fed-
eral Government calls for an enhanced system of checks andbalances to protect the precious liberties that are vital to ourway of life.(b) E
STABLISHMENT OF BOARD .—There is established within
the Executive Office of the President a Privacy and Civil LibertiesOversight Board (referred to in this section as the ‘‘Board’’).
(c) F
UNCTIONS .—
(1) A DVICE AND COUNSEL ON DEVELOPMENT AND
IMPLEMENTATION OF POLICY .—For the purpose of providing
advice to the President or to the head of any departmentor agency of the executive branch, the Board shall—
(A) review proposed regulations and executive branch
policies related to efforts to protect the Nation from ter-rorism, including the development and adoption of informa-tion sharing guidelines under subsections (d) and (f) ofsection 1016;
(B) review the implementation of laws, regulations,
and executive branch policies related to efforts to protectthe Nation from terrorism, including the implementation5 USC 601 note.
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of information sharing guidelines under subsections (d)
and (f) of section 1016;
(C) advise the President and the head of any depart-
ment or agency of the executive branch to ensure thatprivacy and civil liberties are appropriately considered inthe development and implementation of such regulationsand executive branch policies; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, considerwhether the department, agency, or element of the execu-tive branch concerned has explained—
(i) that there is adequate supervision of the use
by the executive branch of the power to ensure protec-tion of privacy and civil liberties;
(ii) that there are adequate guidelines and over-
sight to properly confine the use of the power; and
(iii) that the need for the power, including the
risk presented to the national security if the FederalGovernment does not take certain actions, is balancedwith the need to protect privacy and civil liberties.
(2) O
VERSIGHT .—The Board shall continually review—
(A) regulations, executive branch policies, and proce-
dures (including the implementation of such regulations,policies, and procedures), related laws pertaining to effortsto protect the Nation from terrorism, and other actionsby the executive branch related to efforts to protect theNation from terrorism to ensure that privacy and civilliberties are protected; and
(B) the information sharing practices of the depart-
ments, agencies, and elements of the executive branch todetermine whether or not such practices appropriately pro-tect privacy and civil liberties and adhere to the informa-tion sharing guidelines under subsections (d) and (f) ofsection 1016 and to other applicable laws, regulations, andexecutive branch policies regarding the protection of pri-vacy and civil liberties.(3) S
COPE .—The Board shall ensure that concerns with
respect to privacy and civil liberties are appropriately consid-ered in the implementation of laws, regulations, and executivebranch policies related to efforts to protect the Nation againstterrorism.
(4) R
EPORTS TO CONGRESS .—Not less frequently than
annually, the Board shall prepare a report to Congress,unclassified to the greatest extent possible (with a classifiedannex, if necessary), on the Board’s major activities duringthe preceding period.
(d) A
CCESS TO INFORMATION .—
(1) A UTHORIZATION .—If determined by the Board to be nec-
essary to carry out its responsibilities under this section, theBoard is authorized, to the extent permitted by law, to—
(A) have access from any department or agency of
the executive branch, or any Federal officer or employeeof any such department or agency, to all relevant records,reports, audits, reviews, documents, papers, recommenda-tions, or other relevant material, including classifiedinformation consistent with applicable law;
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(B) interview or take statements from officers of any
department or agency of the executive branch;
(C) request information or assistance from any State,
tribal, or local government; and
(D)(i) request that persons (other than departments,
agencies, and elements of the executive branch) producefor the Board relevant information, documents, reports,answers, records, accounts, papers, and other documentaryand testimonial evidence; and
(ii) if the person to whom such a request is directed
does not comply with the request within 45 days of receiptof such request, notify the Attorney General of such per-son’s failure to comply with such request, which noticeshall include all relevant information.(2) P
RODUCTION OF INFORMATION AND EVIDENCE .—
(A) E XPLANATION OF NONCOMPLIANCE .—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,the Attorney General shall provide an opportunity for theperson subject to the request to explain the reasons fornot complying with the request.
(B) A
CTION BY ATTORNEY GENERAL .—Upon receiving
notification under paragraph (1)(D)(ii) regarding a request,the Attorney General shall review the request and maytake such steps as appropriate to ensure compliance withthe request for the information, documents, reports,answers, records, accounts, papers, and other documentaryand testimonial evidence covered by the request.(3) A
GENCY COOPERATION .—Whenever information or
assistance requested under subparagraph (A) or (B) of para-graph (1) is, in the judgment of the Board, unreasonably refusedor not provided, the Board shall report the circumstances tothe head of the department or agency concerned without delay.If the requested information or assistance may be providedto the Board in accordance with applicable law, the head ofthe department or agency concerned shall ensure compliancewith such request.
(4) E
XCEPTIONS FOR NATIONAL SECURITY .—
(A) I N GENERAL .—If the National Intelligence Director,
in consultation with the Attorney General, determines thatit is necessary to withhold information requested underparagraph (3) to protect the national security interestsof the United States, the head of the department or agencyconcerned shall not furnish such information to the Board.
(B) C
ERTAIN INFORMATION .—If the Attorney General
determines that it is necessary to withhold informationrequested under paragraph (3) from disclosure to protectsensitive law enforcement or counterterrorism informationor ongoing operations, the head of the department or agencyconcerned shall not furnish such information to the Board.
(e) M
EMBERSHIP .—
(1) M EMBERS .—
(A) I N GENERAL .—The Board shall be composed of a
chairman, a vice chairman, and three additional membersappointed by the President.
(B) C
HAIRMAN AND VICE CHAIRMAN .—The chairman and
vice chairman shall each be appointed by the President,by and with the advice and consent of the Senate.President.Congress.President.Reports.Deadline.
Notification.
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(C) A PPOINTMENT REQUIREMENTS .—Any individual
appointed to the Board shall be appointed from amongtrustworthy and distinguished citizens outside the FederalGovernment who are qualified on the basis of achievement,experience, and independence.
(D) F
ULL-TIME SERVICE OF CHAIRMAN .—The chairman
may serve on a full-time basis.
(E) S ERVICE AT PLEASURE OF PRESIDENT .—The chair-
man, vice chairman, and other members of the Board shalleach serve at the pleasure of the President.(2) I
NCOMPATIBLE OFFICE .—An individual appointed to the
Board may not, while serving on the Board, be an electedofficial, officer, or employee of the Federal Government, otherthan in the capacity as a member of the Board.
(3) Q
UORUM AND MEETINGS .—The Board shall meet upon
the call of the chairman or a majority of its members. Threemembers of the Board shall constitute a quorum.(f) C
OMPENSATION AND TRAVEL EXPENSES .—
(1) C OMPENSATION .—
(A) C HAIRMAN ON FULL -TIME BASIS .—If the chairman
serves on a full-time basis, the rate of pay for the chairmanshall be the annual rate of basic pay in effect for a positionat level III of the Executive Schedule under section 5314of title 5, United States Code.
(B) C
HAIRMAN AND VICE CHAIRMAN ON PART -TIME
BASIS .—The chairman, if serving on a part-time basis, and
the vice chairman shall be compensated at a rate equalto the daily equivalent of the annual rate of basic payin effect for a position at level III of the Executive Scheduleunder section 5314 of title 5, United States Code, for eachday during which such official is engaged in the actualperformance of the duties of the Board.
(C) M
EMBERS .—Each member of the Board shall be
compensated at a rate equal to the daily equivalent ofthe annual rate of basic pay in effect for a position atlevel IV of the Executive Schedule under section 5315of title 5, United States Code, for each day during whichthat member is engaged in the actual performance of theduties of the Board.(2) T
RAVEL EXPENSES .—Members of the Board shall be
allowed travel expenses, including per diem in lieu of subsist-ence, at rates authorized for persons employed intermittentlyby the Federal Government under section 5703(b) of title 5,United States Code, while away from their homes or regularplaces of business in the performance of services for the Board.(g) S
TAFF .—
(1) A PPOINTMENT AND COMPENSATION .—The chairman, in
accordance with rules agreed upon by the Board, shall appointand fix the compensation of an executive director and suchother personnel as may be necessary to enable the Board tocarry out its functions, without regard to the provisions oftitle 5, United States Code, governing appointments in thecompetitive service, and without regard to the provisions ofchapter 51 and subchapter III of chapter 53 of such title relatingto classification and General Schedule pay rates, except thatno rate of pay fixed under this subsection may exceed theequivalent of that payable for a position at level V of the
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Executive Schedule under section 5316 of title 5, United States
Code.
(2) D ETAILEES .—Federal employees may be detailed to the
Board without reimbursement from the Board, and suchdetailee shall retain the rights, status, and privileges of thedetailee’s regular employment without interruption.
(3) C
ONSULTANT SERVICES .—The Board may procure the
temporary or intermittent services of experts and consultantsin accordance with section 3109 of title 5, United States Code,at rates that do not exceed the daily rate paid a person occu-pying a position at level IV of the Executive Schedule undersection 5315 of such title.(h) S
ECURITY CLEARANCES .—The appropriate departments and
agencies of the executive branch shall cooperate with the Boardto expeditiously provide Board members and staff with appropriatesecurity clearances to the extent possible under applicable proce-dures and requirements. Promptly upon commencing its work, theBoard shall adopt, after consultation with the Secretary of Defense,the Attorney General, and the National Intelligence Director, rulesand procedures of the Board for physical, communications, com-puter, document, personnel, and other security in relation to thework of the Board.
(i) A
PPLICABILITY OF CERTAIN LAWS.—
(1) F EDERAL ADVISORY COMMITTEE ACT .—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply withrespect to the Board and its activities.
(2) F
REEDOM OF INFORMATION ACT .—For purposes of the
Freedom of Information Act, the Board shall be treated asan agency (as that term is defined in section 551(1) of title5, United States Code).(j) C
ONSTRUCTION .—Except as otherwise provided in this sec-
tion, nothing in this section shall be construed to require anyconsultation with the Board by any department or agency of theexecutive branch or any Federal officer or employee, or any waitingperiod that must be observed by any department or agency ofthe executive branch or any Federal officer or employee, beforedeveloping, proposing, or implementing any legislation, law, regula-tion, policy, or guideline related to efforts to protect the Nationfrom terrorism.
(k) P
RESIDENTIAL RESPONSIBILITY .—The Board shall perform
its functions within the executive branch and under the generalsupervision of the President.
(l) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated such sums as may be necessary to carry outthis section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND
CIVIL LIBERTIES OFFICERS.
It is the sense of Congress that each executive department
or agency with law enforcement or antiterrorism functions shoulddesignate a privacy and civil liberties officer.
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Subtitle G—Conforming and Other
Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF
DIRECTOR OF NATIONAL INTELLIGENCE AND DIRECTOROF THE CENTRAL INTELLIGENCE AGENCY.
(a) N ATIONAL SECURITY ACT OF 1947.—(1) The National Secu-
rity Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking‘‘Director of Central Intelligence’’ each place it appears in the fol-lowing provisions and inserting ‘‘Director of National Intelligence’’:
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).(D) Section 101(j) (50 U.S.C. 402(j)).(E) Section 105(a) (50 U.S.C. 403–5(a)).(F) Section 105(b)(6)(A) (50 U.S.C. 403–5(b)(6)(A)).(G) Section 105B(a)(1) (50 U.S.C. 403–5b(a)(1)).(H) Section 105B(b) (50 U.S.C. 403–5b(b)), the first place
it appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).(J) Section 110(c) (50 U.S.C. 404e(c)).(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).(Q) Section 115(b) (50 U.S.C. 404j(b)).(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).(S) Section 116(a) (50 U.S.C. 404k(a)).(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.(V) Section 501(d) (50 U.S.C. 413(d)).(W) Section 502(a) (50 U.S.C. 413a(a)).(X) Section 502(c) (50 U.S.C. 413a(c)).(Y) Section 503(b) (50 U.S.C. 413b(b)).(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).(BB) Section 506A(a)(1) (50 U.S.C. 415a–1(a)(1)).(CC) Section 603(a) (50 U.S.C. 423(a)).(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places
it appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).(HH) Section 703(a)(6)(B)(viii) (50 U.S.C.
432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places
it appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places
it appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
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(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking ‘‘of Central Intel-
ligence’’ 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 ‘‘Directorof National Intelligence’’:
(A) Section 114(c) (50 U.S.C. 404i(c)).(B) Section 116(b) (50 U.S.C. 404k(b)).(C) Section 1001(b) (50 U.S.C. 441g(b)).(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it
appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).(F) 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 ‘‘Directorof National Intelligence, the Director of the Central IntelligenceAgency’’
(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 ‘‘Directorof 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 Directorof Central Intelligence’’ and inserting ‘‘The Director of the Cen-tral Intelligence Agency, with the coordination of the Directorof National Intelligence, may exempt operational files of theCentral Intelligence Agency’’; and
(B) in subsection (g)(1), by striking ‘‘Director of Central
Intelligence’’ and inserting ‘‘Director of the Central IntelligenceAgency and the Director of National Intelligence’’.(7) The heading for section 114 of that Act (50 U.S.C. 404i)
is amended to read as follows:
‘‘
ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL
INTELLIGENCE ’’.
(b) C ENTRAL INTELLIGENCE AGENCY ACT OF 1949.—(1) The Cen-
tral Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) isamended by striking ‘‘Director of Central Intelligence’’ each placeit appears in the following provisions and inserting ‘‘Director ofNational Intelligence’’:
(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 Intel-
ligence’’ in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking ‘‘Director of Central
Intelligence’’ each place it appears in the following provisions andinserting ‘‘Director of the Central Intelligence Agency’’:
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(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) C
ENTRAL 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 fol-lowing new paragraph (2):
‘‘(2) D
IRECTOR .—The term ‘Director’ means the Director
of the Central Intelligence Agency.’’.(d) CIA V
OLUNTARY SEPARATION PAYACT.—Subsection (a)(1)
of section 2 of the Central Intelligence Agency Voluntary SeparationPay 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) F
OREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.—(1)
The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801et seq.) is amended by striking ‘‘Director of Central Intelligence’’each place it appears and inserting ‘‘Director of National Intel-ligence’’.
(f) C
LASSIFIED INFORMATION PROCEDURES ACT.—Section 9(a)
of the Classified Information Procedures Act (5 U.S.C. App.) isamended by striking ‘‘Director of Central Intelligence’’ and inserting‘‘Director of National Intelligence’’.
(g) I
NTELLIGENCE AUTHORIZATION ACTS.—
(1) P UBLIC 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 ‘‘Director ofNational Intelligence’’.
(2) P
UBLIC LAW 107 –306.—(A) The Intelligence Authorization
Act for Fiscal Year 2003 (Public Law 107–306) is amendedby striking ‘‘Director of Central Intelligence, acting as the headof the intelligence community,’’ each place it appears in thefollowing provisions and inserting ‘‘Director of National Intel-ligence’’:
(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 followingprovisions and inserting ‘‘Director of National Intelligence’’:
(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it
appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n–1) is amended
by striking ‘‘Director of Central Intelligence, acting as the headof the intelligence community, shall establish in the CentralIntelligence Agency’’ and inserting ‘‘Director of National Intel-ligence 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 ‘‘Director ofNational Intelligence’’.
50 USC 403–3
note.50 USC 402a.18 USC app. 9.50 USC 403–4
note.
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(3) P UBLIC LAW 108 –177.—(A) The Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108–177) is amendedby striking ‘‘Director of Central Intelligence’’ each place itappears in the following provisions and inserting ‘‘Director ofNational Intelligence’’:
(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 andinserting ‘‘Director of National Intelligence’’.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is amended
by striking ‘‘Director of Central Intelligence’’ and inserting‘‘Director of the Central Intelligence Agency’’.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) N ATIONAL SECURITY ACT OF 1947.—(1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is amendedby striking ‘‘Deputy Director of Central Intelligence’’ and inserting‘‘Principal Deputy Director of National Intelligence’’.
(2) Section 105(a) of that Act (50 U.S.C. 403–5(a)) is amended
by striking ‘‘The Secretary’’ in the matter preceding paragraph(1) and inserting ‘‘Consistent with sections 102 and 102A, theSecretary’’.
(3) Section 105(b) of that Act (50 U.S.C. 403–5(b)) is amended
by striking ‘‘103 and 104’’ in the matter preceding paragraph (1)and inserting ‘‘102 and 102A’’.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking ‘‘section 103(c)(6) of this Act’’ and inserting‘‘section 102A(i) of this Act’’.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is amended
by striking ‘‘to the Deputy Director of Central Intelligence, or withrespect to employees of the Central Intelligence Agency, the Director
may delegate such authority to the Deputy Director for Operations’’and inserting ‘‘to the Principal Deputy Director of National Intel-ligence, or with respect to employees of the Central IntelligenceAgency, to the Director of the Central Intelligence Agency’’.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a–1(b)(1)) is
amended by striking ‘‘Office of the Deputy Director of CentralIntelligence’’ and inserting ‘‘Office of the Director of National Intel-ligence’’.
(7) 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’’ andinserting ‘‘Office of the Director of National Intelligence’’.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is amended
by striking ‘‘Assistant Director of Central Intelligence for Adminis-tration’’ and inserting ‘‘Office of the Director of National Intel-ligence’’.
(b) C
ENTRAL INTELLIGENCE ACT OF 1949.—Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amendedby striking ‘‘section 103(c)(7) of the National Security Act of 1947
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(50 U.S.C. 403–3(c)(7))’’ and inserting ‘‘section 102A(i) of the
National Security Act of 1947’’.
(c) C ENTRAL 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)) thatthe Director of Central Intelligence’’ and inserting ‘‘section 102A(i)of the National Security Act of 1947 (50 U.S.C. 403–3(c)(1)) thatthe Director of National Intelligence’’.
(d) I
NTELLIGENCE AUTHORIZATION ACTS.—
(1) P UBLIC LAW 107 –306.—(A) Section 343(c) of the Intel-
ligence Authorization Act for Fiscal Year 2003 (Public Law107–306; 50 U.S.C. 404n–2(c)) is amended by striking ‘‘section103(c)(6) of the National Security Act of 1947 (50 U.S.C. 403–3((c)(6))’’ and inserting ‘‘section 102A(i) of the National SecurityAct of 1947 (50 U.S.C. 403–3(c)(1))’’.
(B)(i) Section 902 of that Act (also known as the Counter-
intelligence Enhancements Act of 2002) (50 U.S.C. 402b) isamended by striking ‘‘President’’ each place it appears andinserting ‘‘Director of National Intelligence’’.
(ii) Section 902(a)(2) of that Act is amended by striking
‘‘Director of Central Intelligence’’ and inserting ‘‘Director ofthe Central Intelligence Agency’’.
(C) 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 Directorof National Intelligence’’; and
(ii) in subsection (l), by striking ‘‘Office of the Director
of Central Intelligence’’ and inserting ‘‘Office of the Directorof National Intelligence’’.(2) P
UBLIC LAW 108 –177.—(A) Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108–177;50 U.S.C. 403–3 note) is amended—
(i) in subsection (g), by striking ‘‘Assistant Director
of Central Intelligence for Analysis and Production’’ andinserting ‘‘Deputy Director of National Intelligence’’; and
(ii) in subsection (h)(2)(C), by striking ‘‘Assistant
Director’’ and inserting ‘‘Deputy Director of National Intel-ligence’’.(B) Section 318(e) of that Act (50 U.S.C. 441g note) is
amended by striking ‘‘Assistant Director of Central Intelligencefor Analysis and Production’’ and inserting ‘‘Deputy Directorof National Intelligence’’.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER
NATIONAL SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of
1947 (50 U.S.C. 401a) is amended to read as follows:
‘‘(4) The term ‘intelligence community’ includes the fol-
lowing:
‘‘(A) The Office of the Director of National Intelligence.‘‘(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.
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‘‘(G) Other offices within the Department of Defense
for the collection of specialized national intelligence throughreconnaissance programs.
‘‘(H) The intelligence elements of the Army, the Navy,
the Air Force, the Marine Corps, the Federal Bureau ofInvestigation, 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 intelligenceinformation, including the Office of Intelligence of the CoastGuard.
‘‘(L) Such other elements of any other department or
agency as may be designated by the President, or des-ignated jointly by the Director of National Intelligenceand the head of the department or agency concerned, asan element of the intelligence community.’’.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE
PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) R EDESIGNATION .—Paragraph (6) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended by striking‘‘Foreign’’.
(b) C
ONFORMING AMENDMENTS .—(1)(A) Section 506 of the
National Security Act of 1947 (50 U.S.C. 415a) is amended—
(i) in subsection (a), by striking ‘‘National Foreign Intel-
ligence Program’’ and inserting ‘‘National Intelligence Pro-gram’’; and
(ii) in the section heading, by striking ‘‘
FOREIGN ’’.
(B) Section 105 of that Act (50 U.S.C. 403–5) is amended—
(i) in paragraphs (2) and (3) of subsection (a), by striking
‘‘National Foreign Intelligence Program’’ and inserting‘‘National Intelligence Program’’; and
(ii) in the section heading, by striking ‘‘
FOREIGN ’’.
(2) Section 17(f) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 403q(f)) is amended by striking ‘‘National Foreign Intel-ligence Program’’ and inserting ‘‘National Intelligence Program’’.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C.
404f) is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF
1947.
The table of contents in the first section of the National Security
Act of 1947 is amended—
(1) by striking the items relating to sections 102 through
105 and inserting the following new items:
‘‘Sec. 101A. Joint Intelligence Community Council.
‘‘Sec. 102. Director of National Intelligence.‘‘Sec. 102A. Responsibilities and authorities of the Director of National Intelligence.‘‘Sec. 103. Office of the Director of National Intelligence.‘‘Sec. 103A. Deputy Directors of National Intelligence.‘‘Sec. 103B. National Intelligence Council.‘‘Sec. 103C. General Counsel.‘‘Sec. 103D. Civil Liberties Protection Officer.‘‘Sec. 103E. Director of Science and Technology.
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‘‘Sec. 103F. National Counterintelligence Executive.
‘‘Sec. 104. Central Intelligence Agency.‘‘Sec. 104A. Director of the Central Intelligence Agency.‘‘Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National
Intelligence Program.’’;
(2) by striking the item relating to section 111;(3) by striking the item relating to section 114 and inserting
the following new item:
‘‘Sec. 114. Additional annual reports from the Director of National Intelligence.’’;
(4) by inserting after the item relating to section 118 the
following new items:
‘‘Sec. 119. National Counterterrorism Center.
‘‘Sec. 119A. National Counter Proliferation Center.‘‘Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and inserting
the following new item:
‘‘Sec. 506. Specificity of National Intelligence Program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and counter-intelligence.’’;
and
(6) by inserting after the item relating to section 1001
the following new items:
‘‘Sec. 1002. Framework for cross-disciplinary education and training.
‘‘Sec. 1003. Intelligence Community Scholarship Program.’’.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING
DUAL SERVICE OF THE DIRECTOR OF THE CENTRALINTELLIGENCE 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 para-
graphs (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’’.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE
OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended
by inserting after section 8J the following new section:
‘‘AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 8K. If the Director of National Intelligence determines
that an Office of Inspector General would be beneficial to improvingthe operations and effectiveness of the Office of the Director ofNational Intelligence, the Director of National Intelligence isauthorized to establish, with any of the duties, responsibilities,and authorities set forth in this Act, an Office of Inspector General.’’.
SEC. 1079. ETHICS MATTERS.
(a) P OLITICAL 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
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(2) by inserting after subclause (XIII) the following new
subclause:
‘‘(XIV) the Office of the Director of National Intel-
ligence; or’’.
(b) D ELETION 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 Directorof the Central Intelligence Agency’’; and
(3) by adding at the end the following new subparagraph:
‘‘(B) In transmitting such listings for the Office of the Director
of National Intelligence, the Director of National Intelligence maydelete the information described in subparagraphs (A) and (C) ofparagraphs (2) and (3) if the Director certifies in writing to theSecretary of State that the publication of such information couldadversely affect United States intelligence sources.’’.
(c) E
XEMPTION FROM FINANCIAL DISCLOSURES .—Section
105(a)(1) of the Ethics in Government Act (5 U.S.C. App.) isamended by inserting ‘‘the Office of the Director of National Intel-ligence,’’ before ‘‘the Central Intelligence Agency’’.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF
NATIONAL INTELLIGENCE TO ACQUIRE AND MANAGEPROPERTY AND SERVICES.
Section 113(e) of title 40, United States Code, is amended—
(1) in paragraph (18), by striking ‘‘or’’ at the end;(2) in paragraph (19), by striking the period at the end
and inserting ‘‘; or’’; and
(3) by adding at the end the following new paragraph:‘‘(20) the Office of the Director of National Intelligence.’’.
SEC. 1081. GENERAL REFERENCES.
(a) D IRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF INTEL –
LIGENCE COMMUNITY .—Any reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency inthe Director’s capacity as the head of the intelligence communityin any law, regulation, document, paper, or other record of theUnited States shall be deemed to be a reference to the Directorof National Intelligence.
(b) D
IRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA.—
Any reference to the Director of Central Intelligence or the Directorof the Central Intelligence Agency in the Director’s capacity asthe head of the Central Intelligence Agency in any law, regulation,document, paper, or other record of the United States shall bedeemed to be a reference to the Director of the Central IntelligenceAgency.
(c) C
OMMUNITY 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 tobe a reference to the staff of the Office of the Director of NationalIntelligence.50 USC 401 note.5 USC app. 105.
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Subtitle H—Transfer, Termination,
Transition, and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) T RANSFER .—There shall be transferred to the Office of the
Director of National Intelligence such staff of the CommunityManagement Staff as of the date of the enactment of this Actas the Director of National Intelligence determines to be appro-priate, including all functions and activities discharged by theCommunity Management Staff as of that date.
(b) A
DMINISTRATION .—The Director of National Intelligence
shall administer the Community Management Staff after the dateof the enactment of this Act as a component of the Office of theDirector of National Intelligence under section 103 of the NationalSecurity Act of 1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) T RANSFER .—There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center(TTIC) or its successor entity, including all functions and activitiesdischarged by the Terrorist Threat Integration Center or its suc-cessor entity as of the date of the enactment of this Act.
(b) A
DMINISTRATION .—The Director of the National
Counterterrorism Center shall administer the Terrorist ThreatIntegration Center after the date of the enactment of this Actas a component of the Directorate of Intelligence of the NationalCounterterrorism Center under section 119(i) of the National Secu-rity Act of 1947, as added by section 1021(a) of this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS
OF CENTRAL INTELLIGENCE.
(a) T ERMINATION .—The positions referred to in subsection (b)
are hereby abolished.
(b) C OVERED POSITIONS .—The positions referred to in this sub-
section are as follows:
(1) The Assistant Director of Central Intelligence for Collec-
tion.
(2) The Assistant Director of Central Intelligence for Anal-
ysis and Production.
(3) The Assistant Director of Central Intelligence for
Administration.
SEC. 1094. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by thistitle. The plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to
the Director of National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining of
activities transferred to the Director of National Intelligencepursuant to this title.
(3) The establishment of offices within the Office of the
Director of National Intelligence to implement the duties andresponsibilities of the Director of National Intelligence asdescribed in this title.President.50 USC 401 note.50 USC 401 note.50 USC 401 note.50 USC 401 note.
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(4) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and obligationsto be transferred to the Director of National Intelligence.
(5) Recommendations for additional legislative or adminis-
trative action as the President considers appropriate.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON
IMPLEMENTATION OF INTELLIGENCE COMMUNITYREFORM.
(a) R EPORT .—Not later than one year after the effective date
of this Act, the Director of National Intelligence shall submit tothe congressional intelligence committees a report on the progressmade in the implementation of this title, including the amendmentsmade by this title. The report shall include a comprehensive descrip-tion of the progress made, and may include such recommendationsfor additional legislative or administrative action as the Directorconsiders appropriate.
(b) C
ONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED .—In
this section, the term ‘‘congressional intelligence committees’’
means—
(1) the Select Committee on Intelligence of the Senate;
and
(2) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 1096. TRANSITIONAL AUTHORITIES.
(a) I NGENERAL .—Upon the request of the Director of National
Intelligence, the head of any executive agency may, on a reimburs-able basis, provide services or detail personnel to the Directorof National Intelligence.
(b) T
RANSFER OF PERSONNEL .—In addition to any other authori-
ties available under law for such purposes, in the fiscal year afterthe effective date of this Act, the Director of National Intelligence—
(1) is authorized within the Office of the Director of
National Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 per-sonnel funded within the National Intelligence Program to theOffice of the Director of National Intelligence for a periodof not more than 2 years.
SEC. 1097. EFFECTIVE DATES.
(a) I NGENERAL .—Except as otherwise expressly provided in
this Act, this title and the amendments made by this title shalltake effect not later than six months after the date of the enactmentof this Act.
(b) S
PECIFIC EFFECTIVE DATES .—(1)(A) Not later than 60 days
after the date of the appointment of the first Director of NationalIntelligence, the Director of National Intelligence shall first appointindividuals to positions within the Office of the Director of NationalIntelligence.
(B) Subparagraph (A) shall not apply with respect to the Prin-
cipal Deputy Director of National Intelligence.
(2) Not later than 180 days after the effective date of this
Act, the President shall transmit to Congress the implementationplan required by section 1094.
(3) Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence shall prescribe
Regulations.President.50 USC 401 note.50 USC 401 note.50 USC 401 note.
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regulations, policies, procedures, standards, and guidelines required
under section 102A of the National Security Act of 1947, as amendedby section 1011(a) of this Act.
Subtitle I—Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY
EDUCATION SCHOOL SELECTION RATES FOR MILITARYINTELLIGENCE OFFICERS.
(a) S TUDY .—The Secretary of Defense shall conduct a study
of the promotion selection rates, and the selection rates for attend-ance at professional military education schools, of intelligence offi-cers of the Armed Forces, particularly in comparison to the ratesfor other officers of the same Armed Force who are in the samegrade and competitive category.
(b) R
EPORT .—The Secretary shall submit to the Committees
on Armed Services of the Senate and House of Representativesa report providing the Secretary’s findings resulting from the studyunder subsection (a) and the Secretary’s recommendations (if any)for such changes in law as the Secretary considers needed to ensurethat intelligence officers, as a group, are selected for promotion,and for attendance at professional military education schools, atrates not less than the rates for all line (or the equivalent) officersof the same Armed Force (both in the zone and below the zone)in the same grade. The report shall be submitted not later thanApril 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF
PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) D IRECTION .—Section 703(a) of the Public Interest Declas-
sification Act of 2000 (title VII of Public Law 106–567; 114 Stat.
2856; 50 U.S.C. 435 note) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘E STABLISHMENT .—’’; and
(2) by adding at the end the following new paragraph:
‘‘(2) The Board shall report directly to the President or, upon
designation by the President, the Vice President, the Attorney Gen-eral, or other designee of the President. The other designee ofthe President under this paragraph may not be an agency heador official authorized to classify information under Executive Order12958, or any successor order.’’.
(b) P
URPOSES .—Section 703(b) of that Act (114 Stat. 2856)
is amended by adding at the end the following new paragraph:
‘‘(5) To review and make recommendations to the President
in a timely manner with respect to any congressional request,made by the committee of jurisdiction, to declassify certainrecords or to reconsider a declination to declassify specificrecords.’’.(c) R
ECOMMENDATIONS ON SPECIAL SEARCHES .—Section
704(c)(2)(A) of that Act (114 Stat. 2860) is amended by insertingbefore the period the following: ‘‘, and also including specificrequests for the declassification of certain records or for thereconsideration of declinations to declassify specific records’’.
(d) D
ECLASSIFICATION REVIEWS .—Section 704 of that Act (114
Stat. 2859) is further amended by adding at the end the followingnew subsection:
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‘‘(e) D ECLASSIFICATION REVIEWS .—If requested by the President,
the Board shall review in a timely manner certain records ordeclinations to declassify specific records, the declassification ofwhich has been the subject of specific congressional requestdescribed in section 703(b)(5).’’.
(e) N
OTIFICATION OF REVIEW .—Section 706 of that Act (114
Stat. 2861) is amended by adding at the end the following newsubsection:
‘‘(f) N
OTIFICATION OF REVIEW .—In response to a specific congres-
sional request for declassification review described in section703(b)(5), the Board shall advise the originators of the requestin a timely manner whether the Board intends to conduct suchreview.’’.
(f) E
XTENSION .—Section 710(b) of that Act (114 Stat. 2864)
is amended by striking ‘‘4 years’’ and inserting ‘‘8 years’’.
SEC. 1103. SEVERABILITY.
If any provision of this Act, or an amendment made by this
Act, or the application of such provision to any person or cir-
cumstance is held invalid, the remainder of this Act, or the applica-tion of such provision to persons or circumstances other thoseto which such provision is held invalid shall not be affected thereby.
TITLE II—FEDERAL BUREAU OF
INVESTIGATION
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE
FEDERAL BUREAU OF INVESTIGATION.
(a) F INDINGS .—Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon
the United States in its final report stated that, under DirectorRobert Mueller, the Federal Bureau of Investigation has madesignificant progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also
urged that the Federal Bureau of Investigation fully institu-tionalize the shift of the Bureau to a preventivecounterterrorism posture.(b) I
MPROVEMENT OF INTELLIGENCE CAPABILITIES .—The
Director of the Federal Bureau of Investigation shall continue effortsto improve the intelligence capabilities of the Federal Bureau ofInvestigation and to develop and maintain within the Bureau anational intelligence workforce.
(c) N
ATIONAL INTELLIGENCE WORKFORCE .—(1) In developing
and maintaining a national intelligence workforce under subsection(b), the Director of the Federal Bureau of Investigation shall,develop and maintain a specialized and integrated national intel-ligence workforce consisting of agents, analysts, linguists, andsurveillance specialists who are recruited, trained, and rewardedin a manner which ensures the existence within the Federal Bureauof Investigation an institutional culture with substantial expertisein, and commitment to, the intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminaljustice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable,28 USC 532 note.50 USC 401 note.
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be given the opportunity to undergo, during such agent’s early
service with the Bureau, meaningful assignments in criminal justicematters and in national intelligence matters.
(4) The Director shall—
(A) establish career positions in national intelligence mat-
ters for agents, analysts, and related personnel of the Bureau;and
(B) in furtherance of the requirement under subparagraph
(A) and to the maximum extent practicable, afford agents,analysts, and related personnel of the Bureau the opportunityto work in the career specialty selected by such agents, analysts,and related personnel 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 back-grounds in intelligence, international relations, language, tech-nology, and other skills relevant to the intelligence mission ofthe Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career opportunitiescommensurate with the training and career opportunities affordedanalysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field IntelligenceGroup, and each Bureau Operational Manager at the Section Chiefand Assistant Special Agent in Charge (ASAC) level and above,shall be a certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training courses,and of one or more assignments to another element of the intel-ligence community, is a precondition to advancement to higherlevel intelligence assignments within the Bureau.
(d) F
IELD 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 ensurethat each Field Intelligence Group reports directly to a field officesenior manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the secure
facilities in the field offices of the Bureau as is necessary to ensurethe discharge by the field offices of the intelligence mission ofthe Bureau.
(3) The Director shall require that each Field Intelligence Group
manager ensures the integration of analysts, agents, linguists, andsurveillance personnel in the field.
(e) D
ISCHARGE OF IMPROVEMENTS .—(1) The Director of the Fed-
eral Bureau of Investigation shall carry out subsections (b) through(d) through the head of the Directorate of Intelligence of the FederalBureau of Investigation.
(2) The Director of the Federal Bureau of Investigation shall
carry out subsections (b) through (d) under the joint guidanceof the Attorney General and the National Intelligence Directorin a manner consistent with section 112(e).
(f) B
UDGET MATTERS .—The Director of the Federal Bureau
of Investigation shall, establish a budget structure of the FederalBureau of Investigation to reflect the four principal missions ofthe Bureau as follows:
(1) Intelligence.(2) Counterterrorism and counterintelligence.
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(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) R EPORTS .—(1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureauof Investigation shall submit to Congress a report on the progressmade as of the date of such report in carrying out the requirementsof this section.
(2) The Director shall include in each annual program review
of the Federal Bureau of Investigation that is submitted to Congressa report on the progress made by each field office of the Bureauduring the period covered by such review in addressing Bureauand national program priorities.
(3) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shallsubmit to Congress a report assessing the qualifications, status,and roles of analysts at Bureau headquarters and in the fieldoffices of the Bureau.
(4) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shallsubmit to Congress a report on the progress of the Bureau inimplementing information-sharing principles.
SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) D IRECTORATE OF INTELLIGENCE OF FEDERAL BUREAU OF
INVESTIGATION .—The element of the Federal Bureau of Investiga-
tion known as of the date of the enactment of this Act as theOffice of Intelligence is hereby redesignated as the Directorateof Intelligence of the Federal Bureau of Investigation.
(b) H
EAD OF DIRECTORATE .—The head of the Directorate of
Intelligence shall be the Executive Assistant Director for Intel-ligence of the Federal Bureau of Investigation.
(c) R
ESPONSIBILITIES .—The Directorate of Intelligence shall be
responsible for the following:
(1) Supervision of all national intelligence programs,
projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in
section 105B of the National Security Act of 1947 (50 U.S.C.403–5b).
(3) The oversight of Bureau field intelligence operations.(4) Coordinating human source development and manage-
ment by the Bureau.
(5) Coordinating collection by the Bureau against nation-
ally-determined intelligence requirements.
(6) Strategic analysis.(7) Intelligence program and budget management.(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of
the Federal Bureau of Investigation or specified by law.(d) S
TAFF .—The Directorate of Intelligence shall consist of such
staff as the Director of the Federal Bureau of Investigation considersappropriate for the activities of the Directorate.
SEC. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE
CAREER SERVICE.
(a) E STABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION
INTELLIGENCE CAREER SERVICE .—The Director of the Federal
Bureau of Investigation may—28 USC 532 note.Government
organization.28 USC 532 note.
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(1) in consultation with the Director of the Office of Per-
sonnel Management—
(A) establish positions for intelligence analysts, and
prescribe standards and procedures for establishing andclassifying such positions, without regard to chapter 51
of title 5, United States Code; and
(B) fix the rate of basic pay for such positions, without
regard to subchapter III of chapter 53 of title 5, UnitedStates Code, if the rate of pay is not greater than therate of basic pay payable for level IV of the ExecutiveSchedule;(2) appoint individuals to such positions; and(3) establish a performance management system for such
individuals with at least one level of performance above aretention standard.(b) R
EPORTING REQUIREMENT .—Not less than 60 days before
the date of the implementation of authorities authorized underthis section, the Director of the Federal Bureau of Investigationshall submit an operating plan describing the Director’s intendeduse of the authorities under this section to the appropriate commit-tees of Congress.
(c) A
NNUAL REPORT .—Not later than December 31, 2005, and
annually thereafter for 4 years, the Director of the Federal Bureauof Investigation shall submit an annual report of the use of thepermanent authorities provided under this section during the pre-ceding fiscal year to the appropriate committees of Congress.
(d) A
PPROPRIATE COMMITTEES OF CONGRESS DEFINED .—In this
section, the term ‘‘appropriate committees of Congress means’’—
(1) the Committees on Appropriations, Homeland Security
and Governmental Affairs, and the Judiciary and the SelectCommittee on Intelligence of the Senate; and
(2) the Committees on Appropriations, Government Reform,
and the Judiciary and the Permanent Select Committee onIntelligence of the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) I NGENERAL .—Chapter 35 of title 5, United States Code,
is amended by adding at the end the following:
‘‘SUBCHAPTER VII—RETENTION OF RETIRED SPECIALIZED
EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
‘‘§ 3598. Federal Bureau of Investigation Reserve Service
‘‘(a) E STABLISHMENT .—The Director of the Federal Bureau of
Investigation may provide for the establishment and training ofa Federal Bureau of Investigation Reserve Service (hereinafter inthis section referred to as the ‘FBI Reserve Service’) for temporaryreemployment of employees in the Bureau during periods of emer-gency, as determined by the Director.
‘‘(b) M
EMBERSHIP .—Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-timeemployees of the Bureau.
‘‘(c) A
NNUITANTS .—If an individual receiving an annuity from
the Civil Service Retirement and Disability Fund on the basisof such individual’s service becomes temporarily reemployed pursu-ant to this section, such annuity shall not be discontinued thereby.
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An individual so reemployed shall not be considered an employee
for the purposes of chapter 83 or 84.
‘‘(d) N OIMPACT ON BUREAU PERSONNEL CEILING .—FBI Reserve
Service members reemployed on a temporary basis pursuant tothis section shall not count against any personnel ceiling applicableto the Bureau.
‘‘(e) E
XPENSES .—The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence,in accordance with applicable provisions of this title, for the purpose
of participating in any training that relates to service as a memberof the FBI Reserve Service.
‘‘(f) L
IMITATION ON MEMBERSHIP .—Membership of the FBI
Reserve Service is not to exceed 500 members at any given time.
‘‘(g) L IMITATION ON DURATION OF SERVICE .—An individual may
not be reemployed under this section for more than 180 daysin connection with any particular emergency unless, in the judgmentof the Director, the public interest so requires.’’.
(b) C
LERICAL AMENDMENT .—The analysis for chapter 35 of title
5, United States Code, is amended by adding at the end the fol-lowing:
‘‘SUBCHAPTER VII -RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL
BUREAU OF INVESTIGATION
‘‘3598. Federal Bureau of Investigation Reserve Service.’’.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPA-
RATION AGE.
(a) C IVIL SERVICE RETIREMENT SYSTEM .—Section 8335(b) of
title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and(2) by adding at the end the following:‘‘(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall beapplied by substituting ‘65 years of age’ for ‘60 years of age’.The Federal Bureau of Investigation may not grant more than50 exemptions in any fiscal year in accordance with the pre-ceding sentence, and the authority to grant such exemptionsshall cease to be available after September 30, 2007.’’.(b) F
EDERAL EMPLOYEES ’ R ETIREMENT SYSTEM .—Section
8425(b) of title 5, United States Code, is amended—
(1) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and(2) by adding at the end the following:‘‘(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall beapplied by substituting ‘65 years of age’ for ‘60 years of age’.The Federal Bureau of Investigation may not grant more than50 exemptions in any fiscal year in accordance with the pre-ceding sentence, and the authority to grant such exemptionsshall cease to be available after September 30, 2007.’’.
SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANS-
LATORS.
Not later than 30 days after the date of the enactment of
this Act, and annually thereafter, the Attorney General of theUnited States shall submit to the Committee on the Judiciaryof the Senate and the Committee on the Judiciary of the Houseof Representatives a report that contains, with respect to eachpreceding 12-month period—Deadline.Reports.28 USC 509 note.Applicability.
Terminationdate.
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(1) the number of translators employed, or contracted for,
by the Federal Bureau of Investigation or other componentsof the Department of Justice;
(2) any legal or practical impediments to using translators
employed by the Federal, State, or local agencies on a full-time, part-time, or shared basis;
(3) the needs of the Federal Bureau of Investigation for
the specific translation services in certain languages, and rec-ommendations for meeting those needs;
(4) the status of any automated statistical reporting system,
including implementation and future viability;
(5) the storage capabilities of the digital collection system
or systems utilized;
(6) a description of the establishment and compliance with
audio retention policies that satisfy the investigative and intel-ligence goals of the Federal Bureau of Investigation; and
(7) a description of the implementation of quality control
procedures and mechanisms for monitoring compliance withquality control procedures.
TITLE III—SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
(a) D EFINITIONS .—In this section:
(1) The term ‘‘agency’’ means—
(A) an executive agency (as that term is defined in
section 105 of title 5, United States Code);
(B) a military department (as that term is defined
in section 102 of title 5, United States Code); and
(C) an element of the intelligence community.
(2) The term ‘‘authorized investigative agency’’ means an
agency designated by the head of the agency selected pursuantto subsection (b) to conduct a counterintelligence investigationor investigation of persons who are proposed for access toclassified information to ascertain whether such persons satisfythe criteria for obtaining and retaining access to such informa-tion.
(3) The term ‘‘authorized adjudicative agency’’ means an
agency authorized by law, regulation, or direction of theDirector of National Intelligence to determine eligibility foraccess to classified information in accordance with ExecutiveOrder 12968.
(4) The term ‘‘highly sensitive program’’ means—
(A) a government program designated as a Special
Access Program (as that term is defined in section 4.1(h)of Executive Order 12958 or any successor Executive order);or
(B) a government program that applies restrictions
required for—
(i) restricted data (as that term is defined in sec-
tion 11 y. of the Atomic Energy Act of 1954 (42 U.S.C.2014(y)); or
(ii) other information commonly referred to as ‘‘sen-
sitive compartmented information’’.50 USC 435b.
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(5) The term ‘‘current investigation file’’ means, with
respect to a security clearance, a file on an investigation oradjudication that has been conducted during—
(A) the 5-year period beginning on the date the security
clearance was granted, in the case of a Top Secret Clear-ance, or the date access was granted to a highly sensitiveprogram;
(B) the 10-year period beginning on the date the secu-
rity clearance was granted in the case of a Secret Clear-ance; and
(C) the 15-year period beginning on the date the secu-
rity clearance was granted in the case of a ConfidentialClearance.(6) The term ‘‘personnel security investigation’’ means any
investigation required for the purpose of determining the eligi-bility of any military, civilian, or government contractor per-sonnel to access classified information.
(7) The term ‘‘periodic reinvestigations’’ means investiga-
tions conducted for the purpose of updating a previously com-pleted background investigation—
(A) every 5 years in the case of a top secret clearance
or access to a highly sensitive program;
(B) every 10 years in the case of a secret clearance;
or
(C) every 15 years in the case of a Confidential Clear-
ance.(8) The term ‘‘appropriate committees of Congress’’ means—
(A) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Homeland Secu-rity, Government Reform, and the Judiciary of the Houseof Representatives; and
(B) the Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security andGovernmental Affairs, and the Judiciary of the Senate.
(b) S
ELECTION OF ENTITY .—Not later than 90 days after the
date of the enactment of this Act, the President shall select asingle department, agency, or element of the executive branch tobe responsible for—
(1) directing day-to-day oversight of investigations and
adjudications for personnel security clearances, including forhighly sensitive programs, throughout the United StatesGovernment;
(2) developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, andtimely completion of security clearances and determinationsfor access to highly sensitive programs, including the standard-ization of security questionnaires, financial disclosure require-ments for security clearance applicants, and polygraph policiesand procedures;
(3) serving as the final authority to designate an authorized
investigative agency or authorized adjudicative agency;
(4) ensuring reciprocal recognition of access to classified
information among the agencies of the United States Govern-ment, including acting as the final authority to arbitrate andresolve disputes involving the reciprocity of security clearancesand access to highly sensitive programs pursuant to subsection(d);Deadline.President.
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(5) ensuring, to the maximum extent practicable, that suffi-
cient resources are available in each agency to achieve clearanceand investigative program goals; and
(6) reviewing and coordinating the development of tools
and techniques for enhancing the conduct of investigationsand granting of clearances.(c) P
ERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS .—
(1) Notwithstanding any other provision of law, not later than180 days after the date of the enactment of this Act, the Presidentshall, in consultation with the head of the entity selected pursuantto subsection (b), select a single agency of the executive branchto conduct, to the maximum extent practicable, security clearanceinvestigations of employees and contractor personnel of the UnitedStates Government who require access to classified informationand to provide and maintain all security clearances of suchemployees and contractor personnel. The head of the entity selectedpursuant to subsection (b) may designate other agencies to conductsuch investigations if the head of the entity selected pursuantto subsection (b) considers it appropriate for national security andefficiency purposes.
(2) The agency selected under paragraph (1) shall—
(A) take all necessary actions to carry out the requirements
of this section, including entering into a memorandum of under-standing with any agency carrying out responsibilities relatingto security clearances or security clearance investigations beforethe date of the enactment of this Act;
(B) as soon as practicable, integrate reporting of security
clearance applications, security clearance investigations, anddeterminations of eligibility for security clearances, with thedatabase required by subsection (e); and
(C) ensure that security clearance investigations are con-
ducted in accordance with uniform standards and requirementsestablished under subsection (b), including uniform securityquestionnaires and financial disclosure requirements.(d) R
ECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETER –
MINATIONS .—(1) All security clearance background investigations
and determinations completed by an authorized investigative agencyor authorized adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations initiated
by an authorized investigative agency shall be transferable to anyother authorized investigative agency.
(3)(A) An authorized investigative agency or authorized adju-
dicative agency may not establish additional investigative or adju-dicative requirements (other than requirements for the conductof a polygraph examination) that exceed requirements specifiedin Executive Orders establishing security requirements for access
to classified information without the approval of the head of theentity selected pursuant to subsection (b).
(B) Notwithstanding subparagraph (A), the head of the entity
selected pursuant to subsection (b) may establish such additionalrequirements as the head of such entity considers necessary fornational security purposes.
(4) An authorized investigative agency or authorized adjudica-
tive agency may not conduct an investigation for purposes of deter-mining whether to grant a security clearance to an individualwhere a current investigation or clearance of equal level alreadyDeadline.
President.
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exists or has been granted by another authorized adjudicative
agency.
(5) The head of the entity selected pursuant to subsection
(b) may disallow the reciprocal recognition of an individual securityclearance by an agency under this section on a case-by-case basisif the head of the entity selected pursuant to subsection (b) deter-mines that such action is necessary for national security purposes.
(6) The head of the entity selected pursuant to subsection
(b) shall establish a review procedure by which agencies can seekreview of actions required under this section.
(e) D
ATABASE ON SECURITY CLEARANCES .—(1) Not later than
12 months after the date of the enactment of this Act, the Directorof the Office of Personnel Management shall, in cooperation withthe heads of the entities selected pursuant to subsections (b) and(c), establish and commence operating and maintaining anintegrated, secure, database into which appropriate data relevantto the granting, denial, or revocation of a security clearance oraccess pertaining to military, civilian, or government contractorpersonnel shall be entered from all authorized investigative andadjudicative agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking sys-tems from other authorized investigative and adjudicative agenciesinto a single consolidated database.
(3) Each authorized investigative or adjudicative agency shall
check the database under this subsection to determine whetheran individual the agency has identified as requiring a securityclearance has already been granted or denied a security clearance,or has had a security clearance revoked, by any other authorizedinvestigative or adjudicative agency.
(4) The head of the entity selected pursuant to subsection
(b) shall evaluate the extent to which an agency is submittinginformation to, and requesting information from, the database underthis subsection as part of a determination of whether to certifythe agency as an authorized investigative agency or authorizedadjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may authorize an agency to withhold information about certainindividuals from the database under this subsection if the head
of the entity considers it necessary for national security purposes.
(f) E
VALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEAR –
ANCE INVESTIGATIONS AND ADJUDICATIONS .—(1) The head of the
entity selected pursuant to subsection (b) shall evaluate the useof available information technology and databases to expedite inves-tigative and adjudicative processes for all and to verify standardinformation submitted as part of an application for a security clear-ance.
(2) The evaluation shall assess the application of the tech-
nologies described in paragraph (1) for—
(A) granting interim clearances to applicants at the secret,
top secret, and special access program levels before the comple-tion of the appropriate full investigation;
(B) expediting investigations and adjudications of security
clearances, including verification of information submitted bythe applicant;Deadline.
Establishment.Procedures.
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(C) ongoing verification of suitability of personnel with
security clearances in effect for continued access to classifiedinformation;
(D) use of such technologies to augment periodic reinves-
tigations;
(E) assessing the impact of the use of such technologies
on the rights of applicants to verify, correct, or challengeinformation obtained through such technologies; and
(F) such other purposes as the head of the entity selected
pursuant to subsection (b) considers appropriate.(3) An individual subject to verification utilizing the technology
described in paragraph (1) shall be notified of such verification,shall provide consent to such use, and shall have access to databeing verified in order to correct errors or challenge informationthe individual believes is incorrect.
(4) Not later than one year after the date of the enactment
of this Act, the head of the entity selected pursuant to subsection(b) shall submit to the President and the appropriate committeesof Congress a report on the results of the evaluation, includingrecommendations on the use of technologies described in paragraph(1).
(g) R
EDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE
PROCESS .—(1) The head of the entity selected pursuant to subsection
(b) shall, within 90 days of selection under that subsection, develop,in consultation with the appropriate committees of Congress andeach authorized adjudicative agency, a plan to reduce the lengthof the personnel security clearance process.
(2)(A) To the extent practical the plan under paragraph (1)
shall require that each authorized adjudicative agency make adetermination on at least 90 percent of all applications for a per-sonnel security clearance within an average of 60 days after thedate of receipt of the completed application for a security clearanceby an authorized investigative agency. Such 60-day average periodshall include—
(i) a period of not longer than 40 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the
adjudicative phase of the clearance review.(B) Determinations on clearances not made within 60 days
shall be made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years
after the date of the enactment of this Act.
(B) During the period beginning on a date not later than
2 years after the date after the enactment of this Act and endingon the date on which the plan under paragraph (1) takes effect,each authorized adjudicative agency shall make a determinationon at least 80 percent of all applications for a personnel securityclearance pursuant to this section within an average of 120 daysafter the date of receipt of the application for a security clearanceby an authorized investigative agency. Such 120-day average periodshall include—
(i) a period of not longer than 90 days to complete the
investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the
adjudicative phase of the clearance review.(h) R
EPORTS .—(1) Not later than February 15, 2006, and
annually thereafter through 2011, the head of the entity selectedDeadlines.Deadline.
Reports.
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pursuant to subsection (b) shall submit to the appropriate commit-
tees of Congress a report on the progress made during the precedingyear toward meeting the requirements of this section.
(2) Each report shall include, for the period covered by such
report—
(A) the periods of time required by the authorized investiga-
tive agencies and authorized adjudicative agencies for con-ducting investigations, adjudicating cases, and granting clear-ances, from date of submission to ultimate disposition andnotification to the subject and the subject’s employer;
(B) a discussion of any impediments to the smooth and
timely functioning of the requirements of this section; and
(C) such other information or recommendations as the head
of the entity selected pursuant to subsection (b) considers appro-priate.(i) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated such sums as may be necessary for fiscal year2005 and each fiscal year thereafter for the implementation, mainte-nance, and operation of the database required by subsection (e).
TITLE IV—TRANSPORTATION SECURITY
Subtitle A—National Strategy for
Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) I NGENERAL .—Section 114 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(t) T RANSPORTATION SECURITY STRATEGIC PLANNING .—
‘‘(1) I N GENERAL .—The Secretary of Homeland Security
shall develop, prepare, implement, and update, as needed—
‘‘(A) a National Strategy for Transportation Security;
and
‘‘(B) transportation modal security plans.
‘‘(2) R OLE OF SECRETARY OF TRANSPORTATION .—The Sec-
retary of Homeland Security shall work jointly with the Sec-retary of Transportation in developing, revising, and updatingthe documents required by paragraph (1).
‘‘(3) C
ONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION
SECURITY .—The National Strategy for Transportation Security
shall include the following:
‘‘(A) An identification and evaluation of the transpor-
tation assets in the United States that, in the interestsof national security and commerce, must be protected fromattack or disruption by terrorist or other hostile forces,including modal security plans for aviation, bridge andtunnel, commuter rail and ferry, highway, maritime, pipe-line, rail, mass transit, over-the-road bus, and other publictransportation infrastructure assets that could be at riskof such an attack or disruption.
‘‘(B) The development of risk-based priorities across
all transportation modes and realistic deadlines foraddressing security needs associated with those assetsreferred to in subparagraph (A).
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‘‘(C) The most appropriate, practical, and cost-effective
means of defending those assets against threats to theirsecurity.
‘‘(D) A forward-looking strategic plan that sets forth
the agreed upon roles and missions of Federal, State,regional, and local authorities and establishes mechanismsfor encouraging private sector cooperation and participationin the implementation of such plan.
‘‘(E) A comprehensive delineation of response and
recovery responsibilities and issues regarding threatenedand executed acts of terrorism within the United States.
‘‘(F) A prioritization of research and development objec-
tives that support transportation security needs, givinga higher priority to research and development directedtoward protecting vital transportation assets.‘‘(4) S
UBMISSIONS OF PLANS TO CONGRESS .—
‘‘(A) I NITIAL STRATEGY .—The Secretary of Homeland
Security shall submit the National Strategy for Transpor-tation Security, including the transportation modal securityplans, developed under this subsection to the appropriatecongressional committees not later than April 1, 2005.
‘‘(B) S
UBSEQUENT VERSIONS .—After December 31, 2005,
the Secretary of Homeland Security shall submit theNational Strategy for Transportation Security, includingthe transportation modal security plans and any revisionsto the National Strategy for Transportation Security andthe transportation modal security plans, to appropriatecongressional committees not less frequently than April1 of each even-numbered year.
‘‘(C) P
ERIODIC PROGRESS REPORT .—
‘‘(i) R EQUIREMENT FOR REPORT .—Each year, in
conjunction with the submission of the budget to Con-gress under section 1105(a) of title 31, United StatesCode, the Secretary of Homeland Security shall submitto the appropriate congressional committees an assess-ment of the progress made on implementing theNational Strategy for Transportation Security.
‘‘(ii) C
ONTENT .—Each progress report under this
subparagraph shall include, at a minimum, rec-ommendations for improving and implementing theNational Strategy for Transportation Security and thetransportation modal security plans that the Secretary,in consultation with the Secretary of Transportation,considers appropriate.‘‘(D) C
LASSIFIED MATERIAL .—Any part of the National
Strategy for Transportation Security or the transportation
modal security plans that involve information that is prop-erly classified under criteria established by Executive ordershall be submitted to the appropriate congressional commit-tees separately in a classified format.
‘‘(E) A
PPROPRIATE CONGRESSIONAL COMMITTEES
DEFINED .—In this subsection, the term ‘appropriate
congressional committees’ means the Committee onTransportation and Infrastructure and the Select Com-mittee on Homeland Security of the House of Representa-tives and the Committee on Commerce, Science, and
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Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.‘‘(5) P
RIORITY STATUS .—
‘‘(A) I N GENERAL .—The National Strategy for Transpor-
tation Security shall be the governing document for Federaltransportation security efforts.
‘‘(B) O
THER PLANS AND REPORTS .—The National
Strategy for Transportation Security shall include, as anintegral part or as an appendix—
‘‘(i) the current National Maritime Transportation
Security Plan under section 70103 of title 46;
‘‘(ii) the report required by section 44938 of this
title;
‘‘(iii) transportation modal security plans required
under this section; and
‘‘(iv) any other transportation security plan or
report that the Secretary of Homeland Security deter-mines appropriate for inclusion.’’.
(b) A
VIATION SECURITY PLANNING ; O PERATIONAL CRITERIA .—
Section 44904 of title 49, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (e); and(2) by inserting after subsection (b) the following:
‘‘(c) M
ODAL SECURITY PLAN FOR AVIATION .—In addition to the
requirements set forth in subparagraphs (B) through (F) of section114(t)(3), the modal security plan for aviation prepared under sec-tion 114(t) shall—
‘‘(1) establish a damage mitigation and recovery plan for
the aviation system in the event of a terrorist attack; and
‘‘(2) include a threat matrix document that outlines each
threat to the United States civil aviation system and the cor-responding layers of security in place to address such threat.‘‘(d) O
PERATIONAL CRITERIA .—Not later than 90 days after the
date of the submission of the National Strategy for TransportationSecurity under section 114(t)(4)(A), the Assistant Secretary ofHomeland Security (Transportation Security Administration) shallissue operational criteria to protect airport infrastructure and oper-ations against the threats identified in the plans prepared under
section 114(t)(1) and shall approve best practices guidelines forairport assets.’’.
Subtitle B—Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECH-
NOLOGY.
(a) U SE OF BIOMETRIC IDENTIFIER TECHNOLOGY .—Section
44903(h) of title 49, United States Code, is amended—
(1) in paragraph (4)(E) by striking ‘‘may provide for’’ and
inserting ‘‘shall issue, not later than March 31, 2005, guidancefor’’; and
(2) by adding at the end the following:‘‘(5) U
SE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
CONTROL SYSTEMS .—In issuing guidance under paragraph
(4)(E), the Assistant Secretary of Homeland Security (Transpor-tation Security Administration) in consultation with representa-tives of the aviation industry, the biometric identifier industry,Deadline.Guidelines.
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and the National Institute of Standards and Technology, shall
establish, at a minimum—
‘‘(A) comprehensive technical and operational system
requirements and performance standards for the use ofbiometric identifier technology in airport access control sys-tems (including airport perimeter access control systems)to ensure that the biometric identifier systems are effective,reliable, and secure;
‘‘(B) a list of products and vendors that meet the
requirements and standards set forth in subparagraph (A);
‘‘(C) procedures for implementing biometric identifier
systems—
‘‘(i) to ensure that individuals do not use an
assumed identity to enroll in a biometric identifiersystem; and
‘‘(ii) to resolve failures to enroll, false matches,
and false non-matches; and‘‘(D) best practices for incorporating biometric identifier
technology into airport access control systems in the mosteffective manner, including a process to best utilize existingairport access control systems, facilities, and equipmentand existing data networks connecting airports.‘‘(6) U
SE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT
OFFICER TRAVEL .—
‘‘(A) I N GENERAL .—Not later than 120 days after the
date of enactment of this paragraph, the Assistant Sec-retary, in consultation with the Attorney General, shall—
‘‘(i) establish a law enforcement officer travel
credential that incorporates biometric identifier tech-nology and is uniform across all Federal, State, local,tribal, and territorial government law enforcementagencies;
‘‘(ii) establish a process by which the travel creden-
tial will be used to verify the identity of a Federal,State, local, tribal, or territorial law enforcement officerseeking to carry a weapon on board an aircraft, withoutunnecessarily disclosing to the public that the indi-vidual is a law enforcement officer;
‘‘(iii) establish procedures—
‘‘(I) to ensure that only Federal, State, local,
tribal, and territorial government law enforcementofficers are issued a law enforcement travel creden-tial;
‘‘(II) to resolve failures to enroll, false matches,
and false non-matches relating to use of the lawenforcement travel credential; and
‘‘(III) to invalidate any law enforcement travel
credential that is lost, stolen, or no longer author-ized for use;‘‘(iv) begin issuance of the travel credential to each
Federal, State, local, tribal, or territorial governmentlaw enforcement officer authorized by the AssistantSecretary to carry a weapon on board an aircraft; and
‘‘(v) take such other actions with respect to the
travel credential as the Assistant Secretary considersappropriate.Procedures.Deadline.
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‘‘(B) F UNDING .—There is authorized to be appropriated
such sums as may be necessary to carry out this paragraph.‘‘(7) D
EFINITIONS .—In this subsection, the following defini-
tions apply:
‘‘(A) B IOMETRIC IDENTIFIER INFORMATION .—The term
‘biometric identifier information’ means the distinct phys-ical or behavioral characteristics of an individual that areused for unique identification, or verification of the identity,of an individual.
‘‘(B) B
IOMETRIC IDENTIFIER .—The term ‘biometric
identifier’ means a technology that enables the automatedidentification, or verification of the identity, of an individualbased on biometric information.
‘‘(C) F
AILURE TO ENROLL .—The term ‘failure to enroll’
means the inability of an individual to enroll in a biometricidentifier system due to an insufficiently distinctivebiometric sample, the lack of a body part necessary toprovide the biometric sample, a system design that makesit difficult to provide consistent biometric identifierinformation, or other factors.
‘‘(D) F
ALSE MATCH .—The term ‘false match’ means the
incorrect matching of one individual’s biometric identifierinformation to another individual’s biometric identifierinformation by a biometric identifier system.
‘‘(E) F
ALSE NON -MATCH .—The term ‘false non-match’
means the rejection of a valid identity by a biometric identi-fier system.
‘‘(F) S
ECURE AREA OF AN AIRPORT .—The term ‘secure
area of an airport’ means the sterile area and the SecureIdentification Display Area of an airport (as such termsare defined in section 1540.5 of title 49, Code of FederalRegulations, or any successor regulation to such section).’’.
(b) A
VIATION SECURITY RESEARCH AND DEVELOPMENT .—There
is authorized to be appropriated to the Secretary of HomelandSecurity for the use of the Transportation Security Administration$20,000,000, in addition to any amounts otherwise authorized bylaw, for research and development of advanced biometric technologyapplications to aviation security, including mass identification tech-nology.
(c) S
ENSE OF CONGRESS ON TRANSFER OF TECHNOLOGY .—It
is the sense of Congress that the national intelligence communityand the Department of Homeland Security should share informationon and technological advancements to biometric systems, biometrictechnology, and biometric identifier systems obtained throughresearch and development programs conducted by various Federalagencies.
(d) B
IOMETRIC CENTER OF EXCELLENCE .—There is authorized
to be appropriated $1,000,000, in addition to any amounts otherwiseauthorized by law, for the establishment of a competitive centerof excellence that will develop and expedite the Federal Govern-ment’s use of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(a) I NGENERAL .—
(1) D OMESTIC FLIGHTS .—Section 44903(j)(2) of title 49,
United States Code, is amended by adding at the end thefollowing:Appropriationauthorization.Appropriation
authorization.
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‘‘(C) A DVANCED AIRLINE PASSENGER PRESCREENING .—
‘‘(i) C OMMENCEMENT OF TESTING .—Not later than
January 1, 2005, the Assistant Secretary of HomelandSecurity (Transportation Security Administration), orthe designee of the Assistant Secretary, shall com-mence testing of an advanced passenger prescreeningsystem that will allow the Department of HomelandSecurity to assume the performance of comparing pas-senger information, as defined by the Assistant Sec-retary, to the automatic selectee and no fly lists, uti-lizing all appropriate records in the consolidated andintegrated terrorist watchlist maintained by the Fed-eral Government.
‘‘(ii) A
SSUMPTION OF FUNCTION .—Not later than
180 days after completion of testing under clause (i),the Assistant Secretary, or the designee of the Assist-ant Secretary, shall begin to assume the performanceof the passenger prescreening function of comparingpassenger information to the automatic selectee andno fly lists and utilize all appropriate records in theconsolidated and integrated terrorist watchlist main-tained by the Federal Government in performing thatfunction.
‘‘(iii) R
EQUIREMENTS .—In assuming performance of
the function under clause (ii), the Assistant Secretaryshall—
‘‘(I) establish a procedure to enable airline pas-
sengers, who are delayed or prohibited fromboarding a flight because the advanced passengerprescreening system determined that they mightpose a security threat, to appeal such determina-tion and correct information contained in thesystem;
‘‘(II) ensure that Federal Government data-
bases that will be used to establish the identityof a passenger under the system will not producea large number of false positives;
‘‘(III) establish an internal oversight board to
oversee and monitor the manner in which thesystem is being implemented;
‘‘(IV) establish sufficient operational safe-
guards to reduce the opportunities for abuse;
‘‘(V) implement substantial security measures
to protect the system from unauthorized access;
‘‘(VI) adopt policies establishing effective over-
sight of the use and operation of the system; and
‘‘(VII) ensure that there are no specific privacy
concerns with the technological architecture of thesystem.‘‘(iv) P
ASSENGER INFORMATION .—Not later than 180
days after the completion of the testing of the advancedpassenger prescreening system, the Assistant Sec-retary, by order or interim final rule—
‘‘(I) shall require air carriers to supply to the
Assistant Secretary the passenger informationneeded to begin implementing the advanced pas-senger prescreening system; andEstablishment.Procedures.Deadlines.
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‘‘(II) shall require entities that provide systems
and services to air carriers in the operation ofair carrier reservations systems to provide to aircarriers passenger information in possession ofsuch entities, but only to the extent necessaryto comply with subclause (I).
‘‘(D) S
CREENING OF EMPLOYEES AGAINST WATCHLIST .—
The Assistant Secretary of Homeland Security (Transpor-tation Security Administration), in coordination with theSecretary of Transportation and the Administrator of theFederal Aviation Administration, shall ensure that individ-uals are screened against all appropriate records in theconsolidated and integrated terrorist watchlist maintainedby the Federal Government before—
‘‘(i) being certificated by the Federal Aviation
Administration;
‘‘(ii) being granted unescorted access to the secure
area of an airport; or
‘‘(iii) being granted unescorted access to the air
operations area (as defined in section 1540.5 of title49, Code of Federal Regulations, or any successor regu-lation to such section) of an airport.‘‘(E) A
IRCRAFT CHARTER CUSTOMER AND LESSEE
PRESCREENING .—
‘‘(i) I N GENERAL .—Not later than 90 days after
the date on which the Assistant Secretary assumesthe performance of the advanced passenger pre-screening function under subparagraph (C)(ii), theAssistant Secretary shall establish a process by whichoperators of aircraft to be used in charter air transpor-tation with a maximum takeoff weight greater than12,500 pounds and lessors of aircraft with a maximumtakeoff weight greater than 12,500 pounds may—
‘‘(I) request the Department of Homeland
Security to use the advanced passenger pre-screening system to compare information aboutany individual seeking to charter an aircraft witha maximum takeoff weight greater than 12,500pounds, any passenger proposed to be transportedaboard such aircraft, and any individual seekingto lease an aircraft with a maximum takeoff weightgreater than 12,500 pounds to the automaticselectee and no fly lists, utilizing all appropriaterecords in the consolidated and integrated terroristwatchlist maintained by the Federal Government;and
‘‘(II) refuse to charter or lease an aircraft with
a maximum takeoff weight greater than 12,500pounds to or transport aboard such aircraft anypersons identified on such watch list.‘‘(ii) R
EQUIREMENTS .—The requirements of
subparagraph (C)(iii) shall apply to this subparagraph.
‘‘(iii) N O FLY AND AUTOMATIC SELECTEE LISTS .—
The Secretary of Homeland Security, in consultationwith the Terrorist Screening Center, shall design andreview, as necessary, guidelines, policies, and operatingprocedures for the collection, removal, and updatingApplicability.Deadline.
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of data maintained, or to be maintained, in the no
fly and automatic selectee lists.‘‘(F) A
PPLICABILITY .—Section 607 of the Vision 100—
Century of Aviation Reauthorization Act (49 U.S.C. 44903note; 117 Stat. 2568) shall not apply to the advanced pas-senger prescreening system established under subpara-graph (C).
‘‘(G) A
PPEAL PROCEDURES .—
‘‘(i) I N GENERAL .—The Assistant Secretary shall
establish a timely and fair process for individualsidentified as a threat under one or more of subpara-graphs (C), (D), and (E) to appeal to the TransportationSecurity Administration the determination and correctany erroneous information.
‘‘(ii) R
ECORDS .—The process shall include the
establishment of a method by which the Assistant Sec-retary will be able to maintain a record of air pas-sengers and other individuals who have beenmisidentified and have corrected erroneous informa-tion. To prevent repeated delays of misidentified pas-sengers and other individuals, the TransportationSecurity Administration record shall contain informa-tion determined by the Assistant Secretary to authen-ticate the identity of such a passenger or individual.‘‘(H) D
EFINITION .—In this paragraph, the term ‘secure
area of an airport’ means the sterile area and the SecureIdentification Display Area of an airport (as such termsare defined in section 1540.5 of title 49, Code of FederalRegulations, or any successor regulation to such section).’’.(2) I
NTERNATIONAL FLIGHTS .—Section 44909(c) of title 49,
United States Code, is amended—
(A) by striking ‘‘paragraph (5),’’ in paragraph (4) and
inserting ‘‘paragraphs (5) and (6),’’; and
(B) by adding at the end the following:
‘‘(6) P RESCREENING INTERNATIONAL PASSENGERS .—
‘‘(A) I N GENERAL .—Not later than 60 days after date
of enactment of this paragraph, the Secretary of HomelandSecurity, or the designee of the Secretary, shall issue anotice of proposed rulemaking that will allow the Depart-ment of Homeland Security to compare passenger informa-tion for any international flight to or from the UnitedStates against the consolidated and integrated terroristwatchlist maintained by the Federal Government beforedeparture of the flight.
‘‘(B) A
PPEAL PROCEDURES .—
‘‘(i) I N GENERAL .—The Secretary of Homeland
Security shall establish a timely and fair process forindividuals identified as a threat under subparagraph(A) to appeal to the Department of Homeland Securitythe determination and correct any erroneous informa-tion.
‘‘(ii) R
ECORDS .—The process shall include the
establishment of a method by which the Secretarywill be able to maintain a record of air passengersand other individuals who have been misidentified andhave corrected erroneous information. To preventrepeated delays of misidentified passengers and otherDeadline.
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individuals, the Department of Homeland Security
record shall contain information determined by theSecretary to authenticate the identity of such a pas-senger or individual.’’.
(b) R
EPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES .—
(1) R EQUIREMENT FOR REPORT .—Not later than 180 days
after the date of the enactment of this Act, the Security PrivacyOfficer of the Department of Homeland Security shall submita report assessing the impact of the automatic selectee andno fly lists on privacy and civil liberties to the Committeeon the Judiciary, the Committee on Homeland Security andGovernmental Affairs, and the Committee on Commerce,Science, and Transportation of the Senate and the Committeeon the Judiciary, the Committee on Government Reform, theCommittee on Transportation and Infrastructure, and theSelect Committee on Homeland Security of the House of Rep-resentatives.
(2) C
ONTENT .—The report submitted under paragraph (1)
shall include—
(A) any recommendations for practices, procedures,
regulations, or legislation that the Security Privacy Officerconsiders necessary to minimize adverse effects of auto-matic selectee and no fly lists on privacy, discrimination,due process, and other civil liberties;
(B) a discussion of the implications of applying those
lists to other modes of transportation; and
(C) the effect that implementation of the recommenda-
tions would have on the effectiveness of the use of suchlists to protect the United States against terrorist attacks.(3) F
ORM.—To the greatest extent consistent with the
protection of law enforcement-sensitive information and classi-fied information, and the administration of applicable law, thereport shall be submitted in unclassified form and shall beavailable to the public. The report may contain a classifiedannex if necessary.(c) R
EPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH
LIST.—
(1) I N GENERAL .—Within 180 days after the date of enact-
ment of this Act, the Director of National Intelligence, in con-sultation with the Secretary of Homeland Security, theSecretary of State, and the Attorney General, shall submitto Congress a report on the Terrorist Screening Center consoli-dated screening watch list.
(2) C
ONTENTS .—The report shall include—
(A) the criteria for placing the name of an individual
on the watch list;
(B) the minimum standards for reliability and accuracy
of identifying information;
(C) the degree of information certainty and the range
of threat levels that are to be identified for an individual;and
(D) the range of applicable consequences that are to
apply to an individual, if located.(3) F
ORM.—To the greatest extent consistent with the
protection of law enforcement-sensitive information and classi-fied information and the administration of applicable law, thereport shall be submitted in unclassified form and shall bePublicinformation.Public
information.
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available to the public. The report may contain a classified
annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIR-
PORT SCREENING CHECKPOINTS.
(a) I NGENERAL .—Subchapter I of chapter 449, of title 49,
United States Code, is amended by adding at the end the following:
‘‘§ 44925. Deployment and use of detection equipment at air-
port screening checkpoints
‘‘(a) W EAPONS AND EXPLOSIVES .—The Secretary of Homeland
Security shall give a high priority to developing, testing, improving,and deploying, at airport screening checkpoints, equipment thatdetects nonmetallic, chemical, biological, and radiological weapons,and explosives, in all forms, on individuals and in their personalproperty. The Secretary shall ensure that the equipment alone,or as part of an integrated system, can detect under realistic oper-ating conditions the types of weapons and explosives that terroristswould likely try to smuggle aboard an air carrier aircraft.
‘‘(b) S
TRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE
DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS .—
‘‘(1) I N GENERAL .—Not later than 90 days after the date
of enactment of this section, the Assistant Secretary of Home-land Security (Transportation Security Administration) shallsubmit to the appropriate congressional committees a strategicplan to promote the optimal utilization and deployment ofexplosive detection equipment at airports to screen individualsand their personal property. Such equipment includes walk-through explosive detection portals, document scanners, shoescanners, and backscatter x-ray scanners. The plan may besubmitted in a classified format.
‘‘(2) C
ONTENT .—The strategic plan shall include, at
minimum—
‘‘(A) a description of current efforts to detect explosives
in all forms on individuals and in their personal property;
‘‘(B) a description of the operational applications of
explosive detection equipment at airport screening check-points;
‘‘(C) a deployment schedule and a description of the
quantities of equipment needed to implement the plan;
‘‘(D) a description of funding needs to implement the
plan, including a financing plan that provides for leveragingof non-Federal funding;
‘‘(E) a description of the measures taken and antici-
pated to be taken in carrying out subsection (d); and
‘‘(F) a description of any recommended legislative
actions.
‘‘(c) P
ORTAL DETECTION SYSTEMS .—There is authorized to be
appropriated to the Secretary of Homeland Security for the useof the Transportation Security Administration $250,000,000, inaddition to any amounts otherwise authorized by law, for research,development, and installation of detection systems and other devicesfor the detection of biological, chemical, radiological, and explosivematerials.
‘‘(d) I
NTERIM ACTION .—Until measures are implemented that
enable the screening of all passengers for explosives, the AssistantSecretary shall provide, by such means as the Assistant SecretaryAppropriationauthorization.Deadline.
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considers appropriate, explosives detection screening for all pas-
sengers identified for additional screening and their personal prop-erty that will be carried aboard a passenger aircraft operated byan air carrier or foreign air carrier in air transportation or intra-state air transportation.’’.
(b) C
ONFORMING AMENDMENT .—The analysis for chapter 449
of title 49, United States Code, is amended by inserting afterthe item relating to section 44924 the following:
‘‘44925. Deployment and use of detection equipment at airport screening check-
points.’’.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
(a) A DVANCED INTEGRATED AIRPORT CHECKPOINT SCREENING
SYSTEM PILOT PROGRAM .—Not later than March 31, 2005, the
Assistant Secretary of Homeland Security (Transportation SecurityAdministration) shall develop and initiate a pilot program to deployand test advanced airport checkpoint screening devices and tech-nology as an integrated system at not less than 5 airports inthe United States.
(b) F
UNDING .—Of the amounts appropriated pursuant to section
48301(a) of title 49, United States Code, for each of fiscal years2005 and 2006, not more than $150,000,000 shall be availableto carry out subsection (a).
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
(a) R EQUIRED ACTION .—The Assistant Secretary of Homeland
Security (Transportation Security Administration) shall take suchaction as may be necessary to improve the job performance ofairport screening personnel.
(b) H
UMAN FACTORS STUDY .—In carrying out this section, the
Assistant Secretary shall provide, not later than 180 days afterthe date of the enactment of this Act, to the appropriate congres-sional committees a report on the results of any human factorsstudy conducted by the Department of Homeland Security to betterunderstand problems in screener performance and to improvescreener performance.
SEC. 4016. FEDERAL AIR MARSHALS.
(a) F EDERAL AIRMARSHAL ANONYMITY .—The Director of the
Federal Air Marshal Service of the Department of Homeland Secu-rity shall continue operational initiatives to protect the anonymityof Federal air marshals.
(b) A
UTHORIZATION OF ADDITIONAL APPROPRIATIONS .—There is
authorized to be appropriated to the Secretary of Homeland Securityfor the use of the Bureau of Immigration and Customs Enforcement,in addition to any amounts otherwise authorized by law, for thedeployment of Federal air marshals under section 44917 of title49, United States Code, $83,000,000 for the 3 fiscal-year periodbeginning with fiscal year 2005. Such sums shall remain availableuntil expended.
(c) F
EDERAL LAW ENFORCEMENT COUNTERTERRORISM
TRAINING .—
(1) A VAILABILITY OF INFORMATION .—The Assistant Sec-
retary for Immigration and Customs Enforcement and theDirector of Federal Air Marshal Service of the Departmentof Homeland Security, shall make available, as practicable,appropriate information on in-flight counterterrorism and
weapons handling procedures and tactics training to Federal49 USC 44917note.Deadline.
Reports.49 USC 44935
note.49 USC 44925
note.Deadline.
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law enforcement officers who fly while in possession of a fire-
arm.
(2) I DENTIFICATION OF FRAUDULENT DOCUMENTS .—The
Assistant Secretary for Immigration and Customs Enforcementand the Director of Federal Air Marshal Service of the Depart-ment of Homeland Security, in coordination with the AssistantSecretary of Homeland Security (Transportation SecurityAdministration), shall ensure that Transportation SecurityAdministration screeners and Federal air marshals receivetraining in identifying fraudulent identification documents,including fraudulent or expired visas and passports. Suchtraining shall also be made available to other Federal lawenforcement agencies and local law enforcement agencieslocated in a State that borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM
DEPLOYMENT OF FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively inter-
national agreements with foreign governments to allow the max-imum deployment of Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(d) T RAINING FOR FOREIGN LAWENFORCEMENT PERSONNEL .—
‘‘(1) I N GENERAL .—The Assistant Secretary for Immigration
and Customs Enforcement of the Department of HomelandSecurity, after consultation with the Secretary of State, maydirect the Federal Air Marshal Service to provide appropriateair marshal training to law enforcement personnel of foreigncountries.
‘‘(2) W
ATCHLIST SCREENING .—The Federal Air Marshal
Service may only provide appropriate air marshal training tolaw enforcement personnel of foreign countries after comparingthe identifying information and records of law enforcementpersonnel of foreign countries against all appropriate recordsin the consolidated and integrated terrorist watchlists main-tained by the Federal Government.
‘‘(3) F
EES.—The Assistant Secretary shall establish reason-
able fees and charges to pay expenses incurred in carryingout this subsection. Funds collected under this subsection shallbe credited to the account in the Treasury from which theexpenses were incurred and shall be available to the AssistantSecretary for purposes for which amounts in such account areavailable.’’.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
(a) I N-LINEBAGGAGE SCREENING EQUIPMENT .—The Assistant
Secretary of Homeland Security (Transportation Security Adminis-tration) shall take such action as may be necessary to expeditethe installation and use of in-line baggage screening equipmentat airports at which screening is required by section 44901 oftitle 49, United States Code.
(b) S
CHEDULE .—Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit tothe appropriate congressional committees a schedule to expeditethe installation and use of in-line baggage screening equipmentDeadline.49 USC 44901
note.
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at such airports, with an estimate of the impact that such equip-
ment, facility modification, and baggage conveyor placement willhave on staffing needs and levels related to aviation security.
(c) R
EPLACEMENT OF TRACE -DETECTION EQUIPMENT .—Not later
than 180 days after the date of enactment of this Act, the AssistantSecretary shall establish and submit to the appropriate congres-sional committees a schedule for replacing trace-detection equip-ment, as soon as practicable and where appropriate, with explosivedetection system equipment.
(d) C
OST-SHARING STUDY .—The Secretary of Homeland Secu-
rity, in consultation with representatives of air carriers, airportoperators, and other interested parties, shall submit to the appro-priate congressional committees, in conjunction with the submissionof the budget for fiscal year 2006 to Congress under section 1105(a)of title 31, United States Code—
(1) a proposed formula for cost-sharing among the Federal
Government, State and local governments, and the privatesector for projects to install in-line baggage screening equip-ment that reflects the benefits that each of such entities derivefrom such projects, including national security benefits andlabor and other cost savings;
(2) recommendations, including recommended legislation,
for an equitable, feasible, and expeditious system for defrayingthe costs of the in-line baggage screening equipment authorizedby this title; and
(3) the results of a review of innovative financing
approaches and possible cost savings associated with theinstallation of in-line baggage screening equipment at airports.(e) A
UTHORIZATION FOR EXPIRING AND NEWLOI S.—
(1) I N GENERAL .—Section 44923(i) of title 49, United States
Code, is amended by striking ‘‘$250,000,000 for each of fiscalyears 2004 through 2007.’’ and inserting ‘‘$400,000,000 for eachof fiscal years 2005, 2006, and 2007.’’.
(2) P
ERIOD OF REIMBURSEMENT .—Notwithstanding any
other provision of law, the Secretary may provide that theperiod of reimbursement under any letter of intent may extendfor a period not to exceed 10 years after the date that theSecretary issues such letter, subject to the availability of appro-priations. This paragraph applies to letters of intent issuedunder section 44923 of title 49, United States Code, and lettersof intent issued under section 367 of the Department ofTransportation and Related Agencies Appropriation Act, 2003(49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
(a) I NGENERAL .—The Under Secretary for Border and
Transportation Security of the Department of Homeland Securityshall provide, subject to the availability of funds, assistance toairports at which screening is required by section 44901 of title49, United States Code, and that have checked baggage screeningareas that are not open to public view in the acquisition andinstallation of security monitoring cameras for surveillance of suchareas in order to deter theft from checked baggage and to aidin the speedy resolution of liability claims against the Transpor-tation Security Administration.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to the Secretary of Homeland Security for fiscal49 USC 44901note.49 USC 44923
note.Deadline.
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year 2005 such sums as may be necessary to carry out this section.
Such sums shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) S TUDY .—The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with theAdministrator of the Federal Aviation Administration, shall conducta study to determine the viability of providing devices or methods,including wireless methods, to enable a flight crew to discreetlynotify the pilot in the case of a security breach or safety issueoccurring in the cabin.
(b) M
ATTERS TOBECONSIDERED .—In conducting the study,
the Transportation Security Administration and the Federal Avia-tion Administration shall consider technology that is readily avail-able and can be quickly integrated and customized for use aboardaircraft for flight crew communication.
(c) R
EPORT .—Not later than 180 days after the date of enact-
ment of this Act, the Transportation Security Administration shallsubmit to the appropriate congressional committees a report on
the results of the study.
SEC. 4022. IMPROVED PILOT LICENSES.
(a) I NGENERAL .—Not later than one year after the date of
enactment of this Act, the Administrator of the Federal AviationAdministration shall begin to issue improved pilot licenses con-sistent with the requirements of title 49, United States Code, andtitle 14, Code of Federal Regulations.
(b) R
EQUIREMENTS .—Improved pilots licenses issued under sub-
section (a) shall—
(1) be resistant to tampering, alteration, and counterfeiting;(2) include a photograph of the individual to whom the
license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that theAdministrator considers necessary.(c) T
AMPERING .—To the extent practical, the Administrator
shall develop methods to determine or reveal whether any compo-nent or security feature of a license issued under subsection (a)has been tampered, altered, or counterfeited.
(d) U
SE OF DESIGNEES .—The Administrator may use designees
to carry out subsection (a) to the extent feasible in order to minimizethe burdens on pilots.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) A VIATION SECURITY STAFFING .—Not later than 90 days after
the date of enactment of this Act, the Assistant Secretary of Home-land Security (Transportation Security Administration) shalldevelop and submit to the appropriate congressional committeesstandards for determining the aviation security staffing for allairports at which screening is required under section 44901 oftitle 49, United States Code, necessary to—
(1) provide necessary levels of aviation security; and(2) ensure that the average aviation security-related delay
experienced by airline passengers is minimized.(b) GAO A
NALYSIS .—As soon as practicable after the date on
which the Assistant Secretary has developed standards under sub-section (a), the Comptroller General shall conduct an expeditedanalysis of, and submit a report to the appropriate congressionalReports.Deadline.
Standards.49 USC 44703
note.Deadline.
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committees on, the standards for effectiveness, administrability,
ease of compliance, and consistency with the requirements ofexisting law.
(c) I
NTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIA-
TION SECURITY .—The Secretary of Homeland Security shall conduct
a study of the feasibility of combining operations of Federalemployees involved in screening at commercial airports and aviationsecurity-related functions under the authority of the Departmentof Homeland Security in order to coordinate security-related activi-ties, increase the efficiency and effectiveness of those activities,and increase commercial air transportation security.
SEC. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
(a) P LAN AND GUIDELINES .—The Assistant Secretary of Home-
land Security (Transportation Security Administration) shalldevelop a plan and guidelines for implementing improved explosivedetection system equipment.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to the Secretary of Homeland Security for theuse of the Transportation Security Administration $100,000,000,in addition to any amounts otherwise authorized by law, for thepurpose of research and development of improved explosive detec-tion systems for aviation security under section 44913 of title 49,United States Code.
SEC. 4025. PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Assistant Secretary for Homeland Security (TransportationSecurity Administration) shall complete a review of the list ofitems prohibited from being carried aboard a passenger aircraftoperated by an air carrier or foreign air carrier in air transportationor intrastate air transportation set forth in section 1540 of title49, Code of Federal Regulations, and shall release a revised listthat includes—
(1) butane lighters; and(2) any other modification that the Assistant Secretary
considers appropriate.
SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) U NITED STATES POLICY ON NONPROLIFERATION AND EXPORT
CONTROL .—
(1) T O LIMIT AVAILABILITY AND TRANSFER OF MANPADS .—
The President shall pursue, on an urgent basis, further stronginternational diplomatic and cooperative efforts, includingbilateral and multilateral treaties, in the appropriate forumto limit the availability, transfer, and proliferation ofMANPADSs worldwide.
(2) T
O LIMIT THE PROLIFERATION OF MANPADS .—The Presi-
dent is encouraged to seek to enter into agreements with thegovernments of foreign countries that, at a minimum, would—
(A) prohibit the entry into force of a MANPADS manu-
facturing license agreement and MANPADS co-productionagreement, other than the entry into force of a manufac-turing license or co-production agreement with a countrythat is party to such an agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any22 USC 2751note.Deadline.49 USC 44913
note.
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component, part, accessory, or attachment thereof, without
an individual validated license; and
(C) prohibit the reexport or retransfer of a MANPADS,
including any component, part, accessory, or attachmentthereof, to a third person, organization, or governmentunless the written consent of the government that approvedthe original export or transfer is first obtained.(3) T
O ACHIEVE DESTRUCTION OF MANPADS .—The President
should continue to pursue further strong international diplo-matic and cooperative efforts, including bilateral and multilat-eral treaties, in the appropriate forum to assure the destructionof excess, obsolete, and illicit stocks of MANPADSs worldwide.
(4) R
EPORTING AND BRIEFING REQUIREMENT .—
(A) P RESIDENT ’S REPORT .—Not later than 180 days
after the date of enactment of this Act, the Presidentshall transmit to the appropriate congressional committeesa report that contains a detailed description of the statusof diplomatic efforts under paragraphs (1), (2), and (3)and of efforts by the appropriate United States agenciesto comply with the recommendations of the GeneralAccounting Office set forth in its report GAO–04–519, enti-tled ‘‘Nonproliferation: Further Improvements Needed inU.S. Efforts to Counter Threats from Man-Portable AirDefense Systems’’.
(B) A
NNUAL BRIEFINGS .—Annually after the date of
submission of the report under subparagraph (A) and untilcompletion of the diplomatic and compliance efforts referredto in subparagraph (A), the Secretary of State shall briefthe appropriate congressional committees on the statusof such efforts.
(b) FAA A
IRWORTHINESS CERTIFICATION OF MISSILE DEFENSE
SYSTEMS FOR COMMERCIAL AIRCRAFT .—
(1) I N GENERAL .—As soon as practicable, but not later
than the date of completion of Phase II of the Departmentof Homeland Security’s counter-man-portable air defensesystem (MANPADS) development and demonstration program,the Administrator of the Federal Aviation Administration shallestablish a process for conducting airworthiness and safetycertification of missile defense systems for commercial aircraftcertified as effective and functional by the Department of Home-land Security. The process shall require a certification by theAdministrator that such systems can be safely integrated intoaircraft systems and ensure airworthiness and aircraft systemintegrity.
(2) C
ERTIFICATION ACCEPTANCE .—Under the process, the
Administrator shall accept the certification of the Department
of Homeland Security that a missile defense system is effectiveand functional to defend commercial aircraft againstMANPADSs.
(3) E
XPEDITIOUS CERTIFICATION .—Under the process, the
Administrator shall expedite the airworthiness and safety cer-tification of missile defense systems for commercial aircraftcertified by the Department of Homeland Security.
(4) R
EPORTS .—Not later than 90 days after the first air-
worthiness and safety certification for a missile defense systemfor commercial aircraft is issued by the Administrator, and
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annually thereafter until December 31, 2008, the Federal Avia-
tion Administration shall transmit to the Committee onTransportation and Infrastructure of the House of Representa-tives and the Committee on Commerce, Science, and Transpor-tation of the Senate a report that contains a detailed descriptionof each airworthiness and safety certification issued for a mis-sile defense system for commercial aircraft.(c) P
ROGRAMS TO REDUCE MANPADS.—
(1) I N GENERAL .—The President is encouraged to pursue
strong programs to reduce the number of MANPADSs world-wide so that fewer MANPADSs will be available for trade,proliferation, and sale.
(2) R
EPORTING AND BRIEFING REQUIREMENTS .—Not later
than 180 days after the date of enactment of this Act, thePresident shall transmit to the appropriate congressionalcommittees a report that contains a detailed description ofthe status of the programs being pursued under subsection(a). Annually thereafter until the programs are no longerneeded, the Secretary of State shall brief the appropriatecongressional committees on the status of programs.
(3) F
UNDING .—There is authorized to be appropriated such
sums as may be necessary to carry out this section.(d) MANPADS V
ULNERABILITY ASSESSMENTS REPORT .—
(1) I N GENERAL .—Not later than one year after the date
of enactment of this Act, the Secretary of Homeland Securityshall transmit to the Committee on Transportation and Infra-structure of the House of Representatives and the Committeeon Commerce, Science, and Transportation of the Senate areport describing the Department of Homeland Security’s plansto secure airports and the aircraft arriving and departing fromairports against MANPADSs attacks.
(2) M
ATTERS TO BE ADDRESSED .—The Secretary’s report
shall address, at a minimum, the following:
(A) The status of the Department’s efforts to conduct
MANPADSs vulnerability assessments at United Statesairports at which the Department is conducting assess-ments.
(B) How intelligence is shared between the United
States intelligence agencies and Federal, State, and locallaw enforcement to address the MANPADS threat andpotential ways to improve such intelligence sharing.
(C) Contingency plans that the Department has devel-
oped in the event that it receives intelligence indicatinga high threat of a MANPADS attack on aircraft at ornear United States airports.
(D) The feasibility and effectiveness of implementing
public education and neighborhood watch programs inareas surrounding United States airports in cases in whichintelligence reports indicate there is a high risk ofMANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) F
ORMAT .—The report required by this subsection may
be submitted in a classified format.(e) D
EFINITIONS .—In this section, the following definitions
apply:
(1) A PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
‘‘appropriate congressional committees’’ means—
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(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee onTransportation and Infrastructure of the House of Rep-resentatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce,Science, and Transportation of the Senate.(2) MANPADS.—The term ‘‘MANPADS’’ means—
(A) a surface-to-air missile system designed to be man-
portable and carried and fired by a single individual; and
(B) any other surface-to-air missile system designed
to be operated and fired by more than one individual actingas a crew and portable by several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) A DMINISTRATIVE IMPOSITION OF PENALTIES .—Section
46301(d) of title 49, United States Code, is amended—
(1) in the first sentence of paragraph (2) by striking ‘‘46302,
46303,’’ and inserting ‘‘46302 (for a violation relating to section
46504),’’;
(2) in the second sentence of paragraph (2)—
(A) by striking ‘‘Under Secretary of Transportation for
Security’’ and inserting ‘‘Secretary of Homeland Security’’;and
(B) by striking ‘‘44909)’’ and inserting ‘‘44909), 46302
(except for a violation relating to section 46504), 46303,’’;(3) in paragraphs (2), (3), and (4) by striking ‘‘Under Sec-
retary or’’ each place it occurs and inserting ‘‘Secretary ofHomeland Security or’’; and
(4) in paragraph (4)(A) by moving clauses (i), (ii), and
(iii) 2 ems to the left.(b) C
OMPROMISE AND SETOFF FOR FALSE INFORMATION .—Section
46302(b)(1) of title 49, United States Code, is amended by striking‘‘Secretary of Transportation’’ and inserting ‘‘Secretary of HomelandSecurity and, for a violation relating to section 46504, the Secretaryof Transportation,’’.
(c) C
ARRYING A WEAPON .—Section 46303 of title 49, United
States Code, is amended—
(1) in subsection (b)(1) by striking ‘‘Secretary of Transpor-
tation’’ and inserting ‘‘Secretary of Homeland Security’’; and
(2) in subsection (c)(2) by striking ‘‘Under Secretary of
Transportation for Security’’ and inserting ‘‘Secretary of Home-land Security’’.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment of
this Act, the Assistant Secretary of Homeland Security (Transpor-tation Security Administration) shall submit to the appropriatecongressional committees a report on the costs and benefits associ-ated with the use of secondary flight deck barriers, including therecommendation of the Assistant Secretary whether or not theuse of such barriers should be mandated for all air carriers. Thereport may be submitted in a classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY
FUNDING.
Section 48301(a) of title 49, United States Code, is amended
by striking ‘‘and 2005’’ and inserting ‘‘2005, and 2006’’.
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Subtitle C—Air Cargo Security
SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT
CARGO AND BAGGAGE CONTAINERS.
(a) I NGENERAL .—Beginning not later than 180 days after the
date of enactment of this Act, the Assistant Secretary of HomelandSecurity (Transportation Security Administration) shall carry outa pilot program to evaluate the use of blast-resistant containersfor cargo and baggage on passenger aircraft to minimize the poten-tial effects of detonation of an explosive device.
(b) I
NCENTIVES FOR PARTICIPATION IN PILOT PROGRAM .—
(1) I N GENERAL .—As part of the pilot program, the Assist-
ant Secretary shall provide incentives to air carriers to volun-teer to test the use of blast-resistant containers for cargo andbaggage on passenger aircraft.
(2) A
PPLICATIONS .—To volunteer to participate in the incen-
tive program, an air carrier shall submit to the Assistant Sec-retary an application that is in such form and contains suchinformation as the Assistant Secretary requires.
(3) T
YPES OF INCENTIVES .—Incentives provided by the
Assistant Secretary to air carriers that volunteer to participatein the pilot program shall include the use of, and financialassistance to cover increased costs to the carriers associatedwith the use and maintenance of, blast-resistant containers,including increased fuel costs.(c) T
ECHNOLOGICAL IMPROVEMENTS .—The Secretary of Home-
land Security, in cooperation with the Secretary of Transportation,shall support efforts to explore alternative technologies for mini-mizing the potential effects of detonation of an explosive deviceon cargo and passenger aircraft.
(d) A
UTHORIZATION OF APPROPRIATIONS .—There is authorized
to be appropriated to carry out subsections (a) and (b) $2,000,000.Such sum shall remain available until expended.
SEC. 4052. AIR CARGO SECURITY.
(a) A IRCARGO SCREENING TECHNOLOGY .—The Assistant Sec-
retary of Homeland Security (Transportation Security Administra-tion) shall develop technology to better identify, track, and screenair cargo.
(b) I
MPROVED AIRCARGO AND AIRPORT SECURITY .—There is
authorized to be appropriated to the Secretary of Homeland Securityfor the use of the Transportation Security Administration, in addi-tion to any amounts otherwise authorized by law, for the purposeof improving aviation security related to the transportation of cargoon both passenger aircraft and all-cargo aircraft—
(1) $200,000,000 for fiscal year 2005;(2) $200,000,000 for fiscal year 2006; and(3) $200,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(c) R
ESEARCH , DEVELOPMENT , AND DEPLOYMENT .—To carry out
subsection (a), there is authorized to be appropriated to the Sec-retary, in addition to any amounts otherwise authorized by law,for research and development related to enhanced air cargo securitytechnology as well as for deployment and installation of enhancedair cargo security technology—
(1) $100,000,000 for fiscal year 2005;Appropriationauthorization.49 USC 44901
note.Deadline.49 USC 44901
note.
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(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) A DVANCED CARGO SECURITY GRANTS .—
(1) I N GENERAL .—The Secretary shall establish and carry
out a program to issue competitive grants to encourage thedevelopment of advanced air cargo security technology,including use of innovative financing or other means of fundingsuch activities. The Secretary may make available funding forthis purpose from amounts appropriated pursuant to subsection(c).
(2) E
LIGIBILITY CRITERIA , ETC.—The Secretary shall estab-
lish such eligibility criteria, establish such application andadministrative procedures, and provide for such matchingfunding requirements, if any, as may be necessary and appro-priate to ensure that the technology is deployed as fully andrapidly as possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of this
Act, the Assistant Secretary of Homeland Security (TransportationSecurity Administration) shall issue a final rule in Docket NumberTSA-2004-19515 to amend transportation security regulations toenhance and improve the security of air cargo transported in bothpassenger and all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) R EPORT .—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Homeland Security, in coordina-tion with the Secretary of Defense and the Administrator of theFederal Aviation Administration, shall submit to the Committeeon Commerce, Science, and Transportation and the Committee onHomeland Security and Governmental Affairs of the Senate and
the Committee on Transportation and Infrastructure of the Houseof Representatives a report that contains the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from outsidethe United States that intelligence sources indicate could carryexplosive, incendiary, chemical, biological, or nuclear devices.
(2) An analysis of the potential for establishing secure
facilities along established international aviation routes for thepurposes of diverting and securing aircraft described in para-graph (1).(b) R
EPORT FORMAT .—The Secretary may submit all, or part,
of the report required by this section in such a classified andredacted format as the Secretary determines appropriate or nec-essary.
Subtitle D—Maritime Security
SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(a) W ATCH LISTS.—
(1) I N GENERAL .—As soon as practicable but not later than
180 days after the date of the enactment of this Act, theSecretary of Homeland Security shall—
(A) implement a procedure under which the Depart-
ment of Homeland Security compares information about46 USC 70101note.Deadline.Procedures.
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passengers and crew who are to be carried aboard a cruise
ship with a comprehensive, consolidated database con-taining information about known or suspected terroristsand their associates;
(B) use the information obtained by comparing the
passenger and crew information with the information inthe database to prevent known or suspected terrorists andtheir associates from boarding such ships or to subjectthem to specific additional security scrutiny, through theuse of ‘‘no transport’’ and ‘‘automatic selectee’’ lists or othermeans.(2) W
AIVER .—The Secretary may waive the requirement
in paragraph (1)(B) with respect to cruise ships embarkingat foreign ports if the Secretary determines that the applicationof such requirement to such cruise ships is impracticable.(b) C
OOPERATION FROM OPERATORS OF CRUISE SHIPS.—The Sec-
retary of Homeland Security shall by rulemaking require operatorsof cruise ships to provide the passenger and crew informationnecessary to implement the procedure required by subsection (a).
(c) M
AINTENANCE OF ACCURACY AND INTEGRITY OF ‘‘NOTRANS –
PORT ’’ AND ‘‘AUTOMATIC SELECTEE ’’ LISTS.—
(1) W ATCH LIST DATABASE .—The Secretary of Homeland
Security, in consultation with the Terrorist Screening Center,shall develop guidelines, policies, and operating procedures forthe collection, removal, and updating of data maintained, orto be maintained, in the ‘‘no transport’’ and ‘‘automatic selectee’’lists described in subsection (a)(1) that are designed to ensurethe accuracy and integrity of the lists.
(2) A
CCURACY OF ENTRIES .—In developing the ‘‘no trans-
port’’ and ‘‘automatic selectee’’ lists under subsection (a)(1)(B),the Secretary shall establish a simple and timely method forcorrecting erroneous entries, for clarifying information knownto cause false hits or misidentification errors, and for updating
relevant information that is dispositive in the passenger andcrew screening process. The Secretary shall also establish aprocess to provide an individual whose name is confused with,or similar to, a name in the watch list database with a meansof demonstrating that such individual is not the person namedin the database.(d) C
RUISE SHIP DEFINED .—In this section, the term ‘‘cruise
ship’’ means a vessel on an international voyage that embarksor disembarks passengers at a port of United States jurisdictionto which subpart C of part 160 of title 33, Code of Federal Regula-tions, applies and that provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS,
REPORTS, AND ASSESSMENTS.
(a) N ATIONAL MARITIME TRANSPORTATION SECURITY PLAN.—
Section 70103(a)(1) of title 46, United States Code, is amendedby striking ‘‘The Secretary’’ and inserting ‘‘Not later than April1, 2005, the Secretary’’.
(b) F
ACILITY AND VESSEL VULNERABILITY ASSESSMENTS .—Sec-
tion 70102(b)(1) of title 46, United States Code, is amended bystriking ‘‘, the Secretary’’ and inserting ‘‘and by not later thanDecember 31, 2004, the Secretary’’.Guidelines.
Procedures.Regulations.
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(c) S TRATEGIC PLAN REPORTS .—Not later than 90 days after
the date of the enactment of this Act, the Secretary of the depart-ment in which the Coast Guard is operating shall submit to theCommittee on Commerce, Science, and Transportation of the Senateand the Committee on Transportation and Infrastructure of theHouse of Representatives—
(1) a comprehensive program management plan that identi-
fies specific tasks to be completed, and deadlines for completion,for the transportation security card program under section70105 of title 46, United States Code, that incorporates bestpractices for communicating, coordinating, and collaboratingwith the relevant stakeholders to resolve relevant issues, suchas background checks;
(2) a report on the status of negotiations under section
103(a) of the Maritime Transportation Security Act of 2002(46 U.S.C. 70111);
(3) the report required by section 107(b) of the Maritime
Transportation Security Act of 2002 (33 U.S.C. 1226 note);and
(4) a report on the status of the development of the system
and standards required by section 111 of the MaritimeTransportation Security Act of 2002 (46 U.S.C. 70116 note).(d) O
THER REPORTS .—Not later than 90 days after the date
of the enactment of this Act—
(1) the Secretary of Homeland Security shall submit to
the appropriate congressional committees—
(A) a report on the establishment of the National Mari-
time Security Advisory Committee under section 70112of title 46, United States Code; and
(B) a report on the status of the program required
by section 70116 of title 46, United States Code, to evaluateand certify secure systems of international intermodaltransportation;(2) the Secretary of Transportation shall submit to the
appropriate congressional committees the annual reportrequired by section 905 of the International Maritime andPort Security Act (46 U.S.C. App. 1802) that includes informa-tion that should have been included in the last preceding annualreport that was due under that section; and
(3) the Commandant of the United States Coast Guard
shall submit to the appropriate congressional committees thereport required by section 110(b) of the Maritime Transpor-tation Security Act of 2002 (46 U.S.C. 70101 note).
Subtitle E—General Provisions
SEC. 4081. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following
definitions apply:
(1) A PPROPRIATE CONGRESSIONAL COMMITTEES .—The term
‘‘appropriate congressional committees’’ means the Committeeon Commerce, Science, and Transportation of the Senate andthe Committee on Transportation and Infrastructure of theHouse of Representatives.49 USC 44901
note.
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(2) A VIATION DEFINITIONS .—The terms ‘‘air carrier’’, ‘‘air
transportation’’, ‘‘aircraft’’, ‘‘airport’’, ‘‘cargo’’, ‘‘foreign air car-rier’’, and ‘‘intrastate air transportation’’ have the meaningsgiven such terms in section 40102 of title 49, United StatesCode.
(3) S
ECURE AREA OF AN AIRPORT .—The term ‘‘secure area
of an airport’’ means the sterile area and the Secure Identifica-tion Display Area of an airport (as such terms are definedin section 1540.5 of title 49, Code of Federal Regulations, orany successor regulations).
SEC. 4082. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this
Act.
TITLE V—BORDER PROTECTION,
IMMIGRATION, AND VISA MATTERS
Subtitle A—Advanced Technology
Northern Border Security Pilot Program
SEC. 5101. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot
program to test various advanced technologies that will improveborder security between ports of entry along the northern borderof the United States.
SEC. 5102. PROGRAM REQUIREMENTS.
(a) R EQUIRED FEATURES .—The Secretary of Homeland Security
shall design the pilot program under this subtitle to have thefollowing features:
(1) Use of advanced technological systems, including sen-
sors, video, and unmanned aerial vehicles, for border surveil-lance.
(2) Use of advanced computing and decision integration
software for—
(A) evaluation of data indicating border incursions;(B) assessment of threat potential; and(C) rapid real-time communication, monitoring, intel-
ligence gathering, deployment, and response.(3) Testing of advanced technology systems and software
to determine best and most cost-effective uses of advancedtechnology to improve border security.
(4) Operation of the program in remote stretches of border
lands with long distances between 24-hour ports of entry witha relatively small presence of United States border patrol offi-cers.
(5) Capability to expand the program upon a determination
by the Secretary that expansion would be an appropriate andcost-effective means of improving border security.(b) C
OORDINATION WITHOTHER AGENCIES .—The Secretary of
Homeland Security shall ensure that the operation of the pilotprogram under this subtitle—
(1) is coordinated among United States, State, local, and
Canadian law enforcement and border security agencies; and8 USC 1712 note.8 USC 1712 note.49 USC 114 note.
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(2) includes ongoing communication among such agencies.
SEC. 5103. ADMINISTRATIVE PROVISIONS.
(a) P ROCUREMENT OF ADVANCED TECHNOLOGY .—The Secretary
of Homeland Security may enter into contracts for the procurementor use of such advanced technologies as the Secretary determinesappropriate for the pilot program under this subtitle.
(b) P
ROGRAM PARTNERSHIPS .—In carrying out the pilot program
under this subtitle, the Secretary of Homeland Security may providefor the establishment of cooperative arrangements for participationin the pilot program by such participants as law enforcement andborder security agencies referred to in section 5102(b), institutionsof higher education, and private sector entities.
SEC. 5104. REPORT.
(a) R EQUIREMENT FOR REPORT .—Not later than 1 year after
the date of enactment of this Act, the Secretary of HomelandSecurity shall submit to Congress a report on the pilot programunder this subtitle.
(b) C
ONTENT .—The report under subsection (a) shall include
the following matters:
(1) A discussion of the implementation of the pilot program,
including the experience under the pilot program.
(2) A recommendation regarding whether to expand the
pilot program along the entire northern border of the UnitedStates and a timeline for the implementation of the expansion.
SEC. 5105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may
be necessary to carry out the pilot program under this subtitle.
Subtitle B—Border and Immigration
Enforcement
SEC. 5201. BORDER SURVEILLANCE.
(a) I NGENERAL .—Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security shallsubmit to the President and the appropriate committees of Congressa comprehensive plan for the systematic surveillance of the south-west border of the United States by remotely piloted aircraft.
(b) C
ONTENTS .—The plan submitted under subsection (a) shall
include—
(1) recommendations for establishing command and control
centers, operations sites, infrastructure, maintenance, andprocurement;
(2) cost estimates for the implementation of the plan and
ongoing operations;
(3) recommendations for the appropriate agent within the
Department of Homeland Security to be the executive agencyfor remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for
the plan;
(5) the types of missions the plan would undertake,
including—
(A) protecting the lives of people seeking illegal entry
into the United States;Deadline.8 USC 1701 note.8 USC 1712 note.8 USC 1712 note.8 USC 1712 note.
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(B) interdicting illegal movement of people, weapons,
and other contraband across the border;
(C) providing investigative support to assist in the
dismantling of smuggling and criminal networks along theborder;
(D) using remotely piloted aircraft to serve as platforms
for the collection of intelligence against smugglers andcriminal networks along the border; and
(E) further validating and testing of remotely piloted
aircraft for airspace security missions;(6) the equipment necessary to carry out the plan; and(7) a recommendation regarding whether to expand the
pilot program along the entire southwest border.(c) I
MPLEMENTATION .—The Secretary of Homeland Security
shall implement the plan submitted under subsection (a) as apilot program as soon as sufficient funds are appropriated andavailable for this purpose.
(d) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated such sums as may be necessary to carry outthe provisions of this section.
SEC. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of the fiscal years 2006 through 2010, the Secretary
of Homeland Security shall, subject to the availability of appropria-tions for such purpose, increase by not less than 2,000 the numberof positions for full-time active-duty border patrol agents withinthe Department of Homeland Security above the number of suchpositions for which funds were allotted for the preceding fiscalyear. In each of the fiscal years 2006 through 2010, in additionto the border patrol agents assigned along the northern borderof the United States during the previous fiscal year, the Secretaryshall assign a number of border patrol agents equal to not lessthan 20 percent of the net increase in border patrol agents duringeach such fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS
ENFORCEMENT INVESTIGATORS.
In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropria-tions for such purpose, increase by not less than 800 the numberof positions for full-time active duty investigators within the Depart-ment of Homeland Security investigating violations of immigrationlaws (as defined in section 101(a)(17) of the Immigration andNationality Act (8 U.S.C. 1101(a)(17)) above the number of suchpositions for which funds were made available during the precedingfiscal year.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
(a) I NGENERAL .—Subject to the availability of appropriated
funds, the Secretary of Homeland Security shall increase by notless than 8,000, in each of the fiscal years 2006 through 2010,the number of beds available for immigration detention and removaloperations of the Department of Homeland Security above thenumber for which funds were allotted for the preceding fiscal year.
(b) P
RIORITY .—The Secretary shall give priority for the use
of these additional beds to the detention of individuals chargedwith removability under section 237(a)(4) of the Immigration andEffective date.Effective date.Effective date.
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Nationality Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section
212(a)(3) of that Act (8 U.S.C. 1182(a)(3)).
Subtitle C—Visa Requirements
SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) R EQUIREMENT FOR INTERVIEWS .—Section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) is amended byadding at the end the following new subsection:
‘‘(h) Notwithstanding any other provision of this Act, the Sec-
retary of State shall require every alien applying for a non-immigrant visa—
‘‘(1) who is at least 14 years of age and not more than
79 years of age to submit to an in person interview witha consular officer unless the requirement for such interviewis waived—
‘‘(A) by a consular official and such alien is—
‘‘(i) within that class of nonimmigrants enumerated
in subparagraph (A) or (G) of section 101(a)(15);
‘‘(ii) within the NATO visa category;‘‘(iii) within that class of nonimmigrants enumer-
ated in section 101(a)(15)(C)(iii) (referred to as the‘C–3 visa’ category); or
‘‘(iv) granted a diplomatic or official visa on a
diplomatic or official passport or on the equivalentthereof;‘‘(B) by a consular official and such alien is applying
for a visa—
‘‘(i) not more than 12 months after the date on
which such alien’s prior visa expired;
‘‘(ii) for the visa classification for which such prior
visa was issued;
‘‘(iii) from the consular post located in the country
of such alien’s usual residence, unless otherwise pre-scribed in regulations that require an applicant toapply for a visa in the country of which such applicantis a national; and
‘‘(iv) the consular officer has no indication that
such alien has not complied with the immigration lawsand regulations of the United States; or‘‘(C) by the Secretary of State if the Secretary deter-
mines that such waiver is—
‘‘(i) in the national interest of the United States;
or
‘‘(ii) necessary as a result of unusual or emergent
circumstances; and
‘‘(2) notwithstanding paragraph (1), to submit to an in
person interview with a consular officer if such alien—
‘‘(A) is not a national or resident of the country in
which such alien is applying for a visa;
‘‘(B) was previously refused a visa, unless such refusal
was overcome or a waiver of ineligibility has been obtained;
‘‘(C) is listed in the Consular Lookout and Support
System (or successor system at the Department of State);
‘‘(D) is a national of a country officially designated
by the Secretary of State as a state sponsor of terrorism,
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except such nationals who possess nationalities of countries
that are not designated as state sponsors of terrorism;
‘‘(E) requires a security advisory opinion or other
Department of State clearance, unless such alien is—
‘‘(i) within that class of nonimmigrants enumerated
in subparagraph (A) or (G) of section 101(a)(15);
‘‘(ii) within the NATO visa category;‘‘(iii) within that class of nonimmigrants enumer-
ated in section 101(a)(15)(C)(iii) (referred to as the‘C–3 visa’ category); or
‘‘(iv) an alien who qualifies for a diplomatic or
official visa, or its equivalent; or‘‘(F) is identified as a member of a group or sector
that the Secretary of State determines—
‘‘(i) poses a substantial risk of submitting inac-
curate information in order to obtain a visa;
‘‘(ii) has historically had visa applications denied
at a rate that is higher than the average rate of suchdenials; or
‘‘(iii) poses a security threat to the United States.’’.
SEC. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8 U.S.C.
1202(c)) is amended by inserting ‘‘The alien shall provide completeand accurate information in response to any request for informationcontained in the application.’’ after the second sentence.
SEC. 5303. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this
Act, sections 5301 and 5302 shall take effect 90 days after thedate of enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTA-
TION.
(a) L IMITATION ON REVIEW .—Section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)) is amended by adding atthe end the following: ‘‘There shall be no means of judicial review(including review pursuant to section 2241 of title 28, United StatesCode, or any other habeas corpus provision, and sections 1361and 1651 of such title) of a revocation under this subsection, exceptin the context of a removal proceeding if such revocation providesthe sole ground for removal under section 237(a)(1)(B).’’.
(b) C
LASSES OF DEPORTABLE ALIENS .—Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) isamended by striking ‘‘United States is’’ and inserting the following:‘‘United States, or whose nonimmigrant visa (or other documenta-tion authorizing admission into the United States as a non-immigrant) has been revoked under section 221(i), is’’.
(c) R
EVOCATION OF PETITIONS .—Section 205 of the Immigration
and Nationality Act (8 U.S.C. 1155) is amended—
(1) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security’’; and
(2) by striking the final two sentences.
(d) E FFECTIVE DATE.—The amendments made by this section
shall take effect on the date of enactment of this Act and shallapply to revocations under sections 205 and 221(i) of the Immigra-tion and Nationality Act (8 U.S.C. 1155, 1201(i)) made before,on, or after such date.8 USC 1155 note.8 USC 1202 note.
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Subtitle D—Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) C RIMINAL PENALTIES .—Section 274(a) of the Immigration
and Nationality Act (8 U.S.C. 1324(a)) is amended by adding atthe end the following:
‘‘(4) In the case of a person who has brought aliens into the
United States in violation of this subsection, the sentence otherwiseprovided for may be increased by up to 10 years if—
‘‘(A) the offense was part of an ongoing commercial
organization or enterprise;
‘‘(B) aliens were transported in groups of 10 or more; and‘‘(C)(i) aliens were transported in a manner that endan-
gered their lives; or
‘‘(ii) the aliens presented a life-threatening health risk to
people in the United States.’’.(b) O
UTREACH PROGRAM .—Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a),is further amended by adding at the end the following:
‘‘(e) O
UTREACH PROGRAM .—The Secretary of Homeland Secu-
rity, in consultation with the Attorney General and the Secretaryof State, as appropriate, shall develop and implement an outreachprogram to educate the public in the United States and abroadabout the penalties for bringing in and harboring aliens in violationof this section.’’.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-
TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8
U.S.C. 1227(a)(4)) is amended by adding at the end the following:
‘‘(E) R ECIPIENT OF MILITARY -TYPE TRAINING .—
‘‘(i) I N GENERAL .—Any alien who has received mili-
tary-type training from or on behalf of any organizationthat, at the time the training was received, was aterrorist organization (as defined in subclause (I) or(II) of section 212(a)(3)(B)(vi)), is deportable.
‘‘(ii) D
EFINITION .—As used in this subparagraph,
the term ‘military-type training’ includes training inmeans or methods that can cause death or seriousbodily injury, destroy or damage property, or disruptservices to critical infrastructure, or training on theuse, storage, production, or assembly of any explosive,firearm, or other weapon, including any weapon ofmass destruction (as defined in section 2332a(c)(2) oftitle 18, United States Code).’’.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM
SYSTEM.
(a) S TUDY .—Commencing not later than 30 days after the date
of the enactment of this Act, the Comptroller General of the UnitedStates shall conduct a study to evaluate the extent to which weak-nesses in the United States asylum system and withholding ofremoval system have been or could be exploited by aliens connectedto, charged in connection with, or tied to terrorist activity.
(b) E
LEMENTS .—The study under subsection (a) shall address,
but not be limited to, the following:Deadline.
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(1) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused ofor charged in connection with terrorist activity who haveapplied for, been granted, or been denied asylum.
(2) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused ofor charged in connection with terrorist activity who haveapplied for, been granted, or been denied release from detention.
(3) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused ofor charged in connection with terrorist activity who have beendenied asylum but who remain at large in the United States.
(4) The effect of the confidentiality provisions of section
208.6 of title 8, Code of Federal Regulations, on the abilityof the United States Government to establish that an alienis connected to or tied to terrorist activity, such that the alienis barred from asylum or withholding of removal, is removablefrom the United States, or both.
(5) The effect that precedential decisions, if any, holding
that the extrajudicial punishment of an individual connectedto terrorism, or guerrilla or militant activity abroad, or threatsof such punishment, constitute persecution on account of polit-ical opinion as defined in section 101(a)(42) of the Immigrationand Nationality Act (8 U.S.C. 1101(a)(42)), have had on theability of the United States Government to remove aliens whomthe United States Government believes are connected to orhave ties to terrorism.
(6) The extent to which court precedents have affected
the ability of the United States Government to determine orprove that an alien the United States Government believesto be connected to or tied to terrorism is in fact so connectedor tied, including—
(A) so-called ‘‘imputed political opinion’’;(B) judicial review, reversal, or both of the credibility
determinations of immigration judges; and
(C) the need to use classified information in removal
proceedings against aliens suspected of connections or tiesto terrorism.(7) The likelihood that an alien connected to or with ties
to terrorism has been granted asylum or withholding ofremoval.
(8) The likelihood that an alien connected to or with ties
to terrorism has used the United States asylum system toenter or remain in the United States in order to plan, conspire,or carry out, or attempt to plan, conspire, or carry out, anact of terrorism.(c) C
ONSIDERATION AND ASSESSMENT .—Solely for purposes of
conducting the study under subsection (a), the Comptroller Generalshall consider the possibility, and assess the likelihood, that analien whom the United States Government accuses or has accusedof having a connection to or ties to terrorism is in fact connectedto or tied to terrorism, notwithstanding any administrative orjudicial determination to the contrary.
(d) S
COPE .—In conducting the study under subsection (a), the
Comptroller General shall seek information from the Departmentof Homeland Security, the Federal Bureau of Investigation, theCentral Intelligence Agency, the Department of Justice, foreign
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governments, experts in the field of alien terrorists, and any other
appropriate source.
(e) P RIVACY .—
(1) I N GENERAL .—Notwithstanding section 208.6 of title
8, Code of Federal Regulations, the Comptroller General shall,for purposes of the study under subsection (a), have accessto the applications and administrative and judicial records ofalien applicants for asylum and withholding of removal. Exceptfor purposes of preparing the reports under subsection (f), suchinformation shall not be further disclosed or disseminated, norshall the names or personal identifying information of anyapplicant be released.
(2) S
ECURITY OF RECORDS .—The Comptroller General shall
ensure that records received pursuant to this section are appro-priately secured to prevent their inadvertent disclosure.(f) R
EPORT TO CONGRESS .—
(1) I N GENERAL .—Not later than 270 days after the date
of the enactment of this Act, the Comptroller General shallsubmit to the appropriate committees of Congress and theSecretary of Homeland Security a report on the findings andrecommendations of the Comptroller General under the studyunder subsection (a).
(2) E
LEMENTS .—The report under paragraph (1) shall
include the following:
(A) The assessment of the Comptroller General on
each matter specified in subsection (b).
(B) Any recommendations of the Comptroller General
for such administrative action on any matter specified insubsection (a) as the Comptroller General considers nec-essary to better protect the national security of the UnitedStates.
(C) Any recommendations of the Comptroller General
for such legislative action on any matter specified in sub-section (a) as the Comptroller General considers necessaryto better protect the national security of the United States.(3) F
ORM.—If necessary, the Comptroller General may
submit a classified and unclassified version of the report underparagraph (1).(g) A
PPROPRIATE COMMITTEES OF CONGRESS DEFINED .—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the Committee on Homeland Security and Govern-
mental Affairs, the Committee on the Judiciary, and the SelectCommittee on Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent
Select Committee on Intelligence of the House of Representa-tives.
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Subtitle E—Treatment of Aliens Who Com-
mit Acts of Torture, Extrajudicial Kill-ings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO
HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIALKILLINGS ABROAD.
(a) I NADMISSIBILITY .—Section 212(a)(3)(E) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended—
(1) in clause (ii), by striking ‘‘has engaged in conduct that
is defined as genocide for purposes of the International Conven-tion on the Prevention and Punishment of Genocide is inadmis-sible’’ and inserting ‘‘ordered, incited, assisted, or otherwiseparticipated in conduct outside the United States that would,if committed in the United States or by a United Statesnational, be genocide, as defined in section 1091(a) of title18, United States Code, is inadmissible’’;
(2) by adding at the end the following:
‘‘(iii) C
OMMISSION OF ACTS OF TORTURE OR
EXTRAJUDICIAL KILLINGS .—Any alien who, outside the
United States, has committed, ordered, incited,assisted, or otherwise participated in the commissionof—
‘‘(I) any act of torture, as defined in section
2340 of title 18, United States Code; or
‘‘(II) under color of law of any foreign nation,
any extrajudicial killing, as defined in section 3(a)of the Torture Victim Protection Act of 1991 (28U.S.C. 1350 note),
is inadmissible.’’; and
(3) in the subparagraph heading, by striking ‘‘P
ARTICIPANTS
IN NAZI PERSECUTION OR GENOCIDE ’’ and inserting ‘‘P ARTICI –
PANTS IN NAZI PERSECUTION , GENOCIDE , OR THE COMMISSION
OF ANY ACT OF TORTURE OR EXTRAJUDICIAL KILLING ’’.
(b) D EPORTABILITY .—Section 237(a)(4)(D) of such Act (8 U.S.C.
1227(a)(4)(D)) is amended—
(1) by striking ‘‘clause (i) or (ii)’’ and inserting ‘‘clause
(i), (ii), or (iii)’’; and
(2) in the subparagraph heading, by striking ‘‘A SSISTED
IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE ’’ and inserting
‘‘PARTICIPATED IN NAZI PERSECUTION , GENOCIDE , OR THE
COMMISSION OF ANY ACT OF TORTURE OR EXTRAJUDICIALKILLING
’’.
(c) E FFECTIVE DATE.—The amendments made by this section
shall apply to offenses committed before, on, or after the dateof enactment of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN
GOVERNMENT OFFICIALS WHO HAVE COMMITTEDPARTICULARLY SEVERE VIOLATIONS OF RELIGIOUSFREEDOM.
(a) G ROUND OF INADMISSIBILITY .—Section 212(a)(2)(G) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) isamended to read as follows:8 USC 1182 note.
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‘‘(G) F OREIGN GOVERNMENT OFFICIALS WHO HAVE COM –
MITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS
FREEDOM .—Any alien who, while serving as a foreign
government official, was responsible for or directly carriedout, at any time, particularly severe violations of religiousfreedom, as defined in section 3 of the International Reli-gious Freedom Act of 1998 (22 U.S.C. 6402), is inadmis-sible.’’.
(b) G
ROUND OF DEPORTABILITY .—Section 237(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amendedby adding at the end the following:
‘‘(E) P
ARTICIPATED IN THE COMMISSION OF SEVERE VIO –
LATIONS OF RELIGIOUS FREEDOM .—Any alien described in
section 212(a)(2)(G) is deportable.’’.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8
U.S.C. 1182(d)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘and 3(E)’’ and
inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’; and
(2) in subparagraph (B), by striking ‘‘and 3(E)’’ and
inserting ‘‘and clauses (i) and (ii) of paragraph (3)(E)’’.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE
COMMITTED ACTS OF TORTURE, EXTRAJUDICIALKILLINGS, OR SEVERE VIOLATIONS OF RELIGIOUSFREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C.
1101(f)) is amended—
(1) by striking the period at the end of paragraph (8)
and inserting ‘‘; or’’; and
(2) by adding at the end the following:‘‘(9) one who at any time has engaged in conduct described
in section 212(a)(3)(E) (relating to assistance in Nazi persecu-tion, participation in genocide, or commission of acts of tortureor extrajudicial killings) or 212(a)(2)(G) (relating to severe viola-tions of religious freedom).’’.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGA-
TIONS.
(a) A MENDMENT OF THE IMMIGRATION AND NATIONALITY ACT.—
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103)is amended by adding at the end the following:
‘‘(h)(1) The Attorney General shall establish within the Criminal
Division of the Department of Justice an Office of Special Investiga-tions with the authority to detect and investigate, and, whereappropriate, to take legal action to denaturalize any alien describedin section 212(a)(3)(E).
‘‘(2) The Attorney General shall consult with the Secretary
of Homeland Security in making determinations concerning thecriminal prosecution or extradition of aliens described in section212(a)(3)(E).
‘‘(3) In determining the appropriate legal action to take against
an alien described in section 212(a)(3)(E), consideration shall begiven to—
‘‘(A) the availability of criminal prosecution under the laws
of the United States for any conduct that may form the basisfor removal and denaturalization; or
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‘‘(B) the availability of extradition of the alien to a foreign
jurisdiction that is prepared to undertake a prosecution forsuch conduct.’’.(b) A
UTHORIZATION OF APPROPRIATIONS .—
(1) I N GENERAL .—There are authorized to be appropriated
to the Department of Justice such sums as may be necessaryto carry out the additional duties established under section103(h) of the Immigration and Nationality Act (as added bythis subtitle) in order to ensure that the Office of SpecialInvestigations fulfills its continuing obligations regarding Naziwar criminals.
(2) A
VAILABILITY OF FUNDS .—Amounts appropriated pursu-
ant to paragraph (1) are authorized to remain available untilexpended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary ofHomeland Security, shall submit to the Committees on the Judiciaryof the Senate and the House of Representatives a report onimplementation of this subtitle that includes a description of—
(1) the procedures used to refer matters to the Office of
Special Investigations and other components within the Depart-ment of Justice and the Department of Homeland Securityin a manner consistent with the amendments made by thissubtitle;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act madeby the amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whetheran alien may be inadmissible under the terms of the amend-ments made by this subtitle.
TITLE VI—TERRORISM PREVENTION
Subtitle A—Individual Terrorists as Agents
of Foreign Powers
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN
POWERS.
(a) I NGENERAL .—Section 101(b)(1) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended byadding at the end the following new subparagraph:
‘‘(C) engages in international terrorism or activities
in preparation therefore; or’’.
(b) S
UNSET .—The amendment made by subsection (a) shall
be subject to the sunset provision in section 224 of Public Law107–56 (115 Stat. 295), including the exception provided in sub-section (b) of such section 224.50 USC 1801
note.
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SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS
UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACTOF 1978.
(a) A DDITIONAL REPORTING REQUIREMENTS .—The Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) isamended—
(1) by redesignating—
(A) title VI as title VII; and(B) section 601 as section 701; and
(2) by inserting after title V the following new title:
‘‘TITLE VI—REPORTING REQUIREMENT
‘‘SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
‘‘(a) R EPORT .—On a semiannual basis, the Attorney General
shall submit to the Permanent Select Committee on Intelligenceof the House of Representatives, the Select Committee on Intel-ligence of the Senate, and the Committees on the Judiciary ofthe House of Representatives and the Senate, in a manner con-sistent with the protection of the national security, a report settingforth with respect to the preceding 6-month period—
‘‘(1) the aggregate number of persons targeted for orders
issued under this Act, including a breakdown of those targetedfor—
‘‘(A) electronic surveillance under section 105;‘‘(B) physical searches under section 304;‘‘(C) pen registers under section 402; and‘‘(D) access to records under section 501;
‘‘(2) the number of individuals covered by an order issued
pursuant to section 101(b)(1)(C);
‘‘(3) the number of times that the Attorney General has
authorized that information obtained under this Act may beused in a criminal proceeding or any information derived there-from may be used in a criminal proceeding;
‘‘(4) a summary of significant legal interpretations of this
Act involving matters before the Foreign Intelligence Surveil-lance Court or the Foreign Intelligence Surveillance Court ofReview, including interpretations presented in applications orpleadings filed with the Foreign Intelligence Surveillance Courtor the Foreign Intelligence Surveillance Court of Review bythe Department of Justice; and
‘‘(5) copies of all decisions (not including orders) or opinions
of the Foreign Intelligence Surveillance Court or Foreign Intel-ligence Surveillance Court of Review that include significantconstruction or interpretation of the provisions of this Act.‘‘(b) F
REQUENCY .—The first report under this section shall be
submitted not later than 6 months after the date of enactmentof this section. Subsequent reports under this section shall besubmitted semi-annually thereafter.’’.
(b) C
LERICAL AMENDMENT .—The table of contents for the For-
eign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amendedby striking the items relating to title VI and inserting the followingnew items:
‘‘TITLE VI—REPORTING REQUIREMENT
‘‘Sec. 601. Semiannual report of the Attorney General.50 USC 1871
note.50 USC 1801
note.
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‘‘TITLE VII—EFFECTIVE DATE
‘‘Sec. 701. Effective date.’’.
Subtitle B—Money Laundering and
Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code,
is amended—
(1) by striking ‘‘ APPROPRIATIONS .—There are authorized’’
and inserting ‘‘A PPROPRIATIONS .—
‘‘(1) I N GENERAL .—There are authorized’’; and
(2) by adding at the end the following new paragraph:‘‘(2) A
UTHORIZATION FOR FUNDING KEY TECHNOLOGICAL
IMPROVEMENTS IN MISSION -CRITICAL FINCEN SYSTEMS .—There
are authorized to be appropriated for fiscal year 2005 thefollowing amounts, which are authorized to remain availableuntil expended:
‘‘(A) BSA
DIRECT .—For technological improvements to
provide authorized law enforcement and financial regu-latory agencies with Web-based access to FinCEN data,to fully develop and implement the highly secure networkrequired under section 362 of Public Law 107–56 to expe-dite the filing of, and reduce the filing costs for, financialinstitution reports, including suspicious activity reports,collected by FinCEN under chapter 53 and related provi-sions of law, and enable FinCEN to immediately alertfinancial institutions about suspicious activities that war-rant immediate and enhanced scrutiny, and to provideand upgrade advanced information-sharing technologies tomaterially improve the Government’s ability to exploit theinformation in the FinCEN data banks, $16,500,000.
‘‘(B) A
DVANCED ANALYTICAL TECHNOLOGIES .—To pro-
vide advanced analytical tools needed to ensure that thedata collected by FinCEN under chapter 53 and relatedprovisions of law are utilized fully and appropriately insafeguarding financial institutions and supporting the waron terrorism, $5,000,000.
‘‘(C) D
ATA NETWORKING MODERNIZATION .—To improve
the telecommunications infrastructure to support theimproved capabilities of the FinCEN systems, $3,000,000.
‘‘(D) E
NHANCED COMPLIANCE CAPABILITY .—To improve
the effectiveness of the Office of Compliance in FinCEN,$3,000,000.
‘‘(E) D
ETECTION AND PREVENTION OF FINANCIAL CRIMES
AND TERRORISM .—To provide development of, and training
in the use of, technology to detect and prevent financialcrimes and terrorism within and without the United States,$8,000,000.’’.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY
REAUTHORIZATION.
(a) P ROGRAM .—Section 5341(a)(2) of title 31, United States
Code, is amended—
(1) by striking ‘‘February 1’’ and inserting ‘‘August 1’’;
and
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(2) by striking ‘‘and 2003,’’ and inserting ‘‘2003, 2005, and
2007,’’.(b) R
EAUTHORIZATION OF APPROPRIATIONS .—Section 5355 of title
31, United States Code, is amended by adding at the end thefollowing:
‘‘2004 …………………………………………… $15,000,000.‘‘2005 …………………………………………… $15,000,000.’’.
Subtitle C—Money Laundering Abatement
and Financial Antiterrorism TechnicalCorrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the ‘‘International Money Laun-
dering Abatement and Financial Antiterrorism Technical Correc-tions Act of 2004’’.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107–56.
(a) The heading of title III of Public Law 107–56 is amended
to read as follows:
‘‘TITLE III—INTERNATIONAL MONEY
LAUNDERING ABATEMENT AND FI-NANCIAL ANTITERRORISM ACT OF2001’’ .
(b) The table of contents for Public Law 107–56 is amended
by striking the item relating to title III and inserting the following:
‘‘TITLE III—INTERNATIONAL MONEY LAUNDERING ABATEMENT AND
FINANCIAL ANTITERRORISM ACT OF 2001’’.
(c) Section 302 of Public Law 107–56 is amended—
(1) in subsection (a)(4), by striking the comma after ‘‘move-
ment of criminal funds’’;
(2) in subsection (b)(7), by inserting ‘‘or types of accounts’’
after ‘‘classes of international transactions’’; and
(3) in subsection (b)(10), by striking ‘‘subchapters II and
III’’ and inserting ‘‘subchapter II’’.(d) Section 303(a) of Public Law 107–56 is amended by striking
‘‘Anti-Terrorist Financing Act’’ and inserting ‘‘FinancialAntiterrorism Act’’.
(e) The heading for section 311 of Public Law 107–56 is
amended by striking ‘‘
OR INTERNATIONAL TRANSACTIONS ’’ and
inserting ‘‘ INTERNATIONAL TRANSACTIONS , OR TYPES OF
ACCOUNTS ’’.
(f) Section 314 of Public Law 107–56 is amended—
(1) in paragraph (1)—
(A) by inserting a comma after ‘‘organizations engaged
in’’; and
(B) by inserting a comma after ‘‘credible evidence of
engaging in’’;(2) in paragraph (2)(A)—31 USC 5311note.31 USC 5311
note.31 USC 5311
note.31 USC 5311
note.115 Stat. 296.International
MoneyLaunderingAbatement andFinancialAntiterrorismTechnicalCorrections Actof 2004.31 USC 5301note.
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(A) by striking ‘‘and’’ after ‘‘nongovernmental organiza-
tions,’’; and
(B) by inserting a comma after ‘‘unwittingly involved
in such finances’’;(3) in paragraph (3)(A)—
(A) by striking ‘‘to monitor accounts of’’ and inserting
‘‘monitor accounts of,’’; and
(B) by striking the comma after ‘‘organizations identi-
fied’’; and(4) in paragraph (3)(B), by inserting ‘‘financial’’ after ‘‘size,
and nature of the’’.(g) Section 321(a) of Public Law 107–56 is amended by striking
‘‘5312(2)’’ and inserting ‘‘5312(a)(2)’’.
(h) Section 325 of Public Law 107–56 is amended by striking
‘‘as amended by section 202 of this title,’’ and inserting ‘‘as amendedby section 352,’’.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public Law
107–56 are each amended by striking ‘‘2001’’ and all that followsand inserting a period.
(j) Section 356(c)(4) of Public Law 107–56 is amended by
striking ‘‘or business or other grantor trust’’ and inserting ‘‘, busi-ness trust, or other grantor trust’’.
(k) Section 358(e) of Public Law 107–56 is amended—
(1) by striking ‘‘Section 123(a)’’ and inserting ‘‘That portion
of section 123(a)’’;
(2) by striking ‘‘is amended to read’’ and inserting ‘‘that
precedes paragraph (1) of such section is amended to read’’;and
(3) in the amendment made in that subsection (e), by
striking ‘‘person.’’ and inserting the following: ‘‘person—’’.(l) Section 360 of Public Law 107–56 is amended—
(1) in subsection (a), by inserting ‘‘the’’ after ‘‘utilization
of the funds of’’; and
(2) in subsection (b), by striking ‘‘at such institutions’’ and
inserting ‘‘at such institution’’.(m) Section 362(a)(1) of Public Law 107–56 is amended by
striking ‘‘subchapter II or III’’ and inserting ‘‘subchapter II’’.
(n) Section 365 of Public Law 107–56 is amended—
(1) by redesignating the second of the 2 subsections des-
ignated as subsection (c) (relating to a clerical amendment)as subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107–56 (as so redesignated
by subsection (n) of this section) is amended by striking ‘‘section5332 (as added by section 112 of this title)’’ and inserting ‘‘section5330’’.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is amended
by striking ‘‘the Network’’ each place such term appears andinserting ‘‘FinCEN’’.
(b) Section 5312(a)(3)(C) of title 31, United States Code, is
amended by striking ‘‘sections 5333 and 5316’’ and inserting ‘‘sec-tions 5316 and 5331’’.
(c) Section 5318(i) of title 31, United States Code, is amended—
(1) in paragraph (3)(B), by inserting a comma after ‘‘foreign
political figure’’ the second place such term appears; and31 USC 5331note.31 USC 5301.31 USC 310 note.22 USC 262p–4r.12 USC 1953.31 USC 5311
note.12 USC 1842
note, 1828 note.31 USC 5318.31 USC 5312.
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(2) in the heading of paragraph (4), by striking ‘‘D EFINI –
TION ’’ and inserting ‘‘D EFINITIONS ’’.
(d) Section 5318(k)(1)(B) of title 31, United States Code, is
amended by striking ‘‘section 5318A(f)(1)(B)’’ and inserting ‘‘section5318A(e)(1)(B)’’.
(e) The heading for section 5318A of title 31, United States
Code, is amended to read as follows:
‘‘§ 5318A. Special measures for jurisdictions, financial institu-
tions, international transactions, or types ofaccounts of primary money laundering concern’’ .
(f) Section 5318A of title 31, United States Code, is amended—
(1) in subsection (a)(4)(A), by striking ‘‘, as defined in
section 3 of the Federal Deposit Insurance Act,’’ and inserting‘‘(as defined in section 3 of the Federal Deposit InsuranceAct)’’;
(2) in subsection (a)(4)(B)(iii), by striking ‘‘or class of trans-
actions’’ and inserting ‘‘class of transactions, or type of account’’;
(3) in subsection (b)(1)(A), by striking ‘‘or class of trans-
actions to be’’ and inserting ‘‘class of transactions, or typeof account to be’’; and
(4) in subsection (e)(3), by inserting ‘‘or subsection (i) or
(j) of section 5318’’ after ‘‘identification of individuals underthis section’’.(g) Section 5324(b) of title 31, United States Code, is amended
by striking ‘‘5333’’ each place such term appears and inserting‘‘5331’’.
(h) Section 5332 of title 31, United States Code, is amended—
(1) in subsection (b)(2), by striking ‘‘, subject to subsection
(d) of this section’’; and
(2) in subsection (c)(1), by striking ‘‘, subject to subsection
(d) of this section,’’.(i) The table of sections for subchapter II of chapter 53 of
title 31, United States Code, is amended by striking the itemrelating to section 5318A and inserting the following:
‘‘5318A. Special measures for jurisdictions, financial institutions, international
transactions, or types of accounts of primary money laundering con-cern.’’.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act (12
U.S.C. 1828(w)(3)) is amended by inserting a comma after ‘‘agentof such institution’’.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1829b(a)(2)) is amended by striking ‘‘recognizes that’’ andinserting ‘‘recognizing that’’.
(l) Section 626(e) of the Fair Credit Reporting Act (15 U.S.C.
1681v(e)) is amended by striking ‘‘governmental agency’’ andinserting ‘‘government agency’’.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107–56 is amended by striking section
303 (31 U.S.C. 5311 note).
SEC. 6205. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law 107–
56, the United States Code, the Federal Deposit Insurance Act,and any other provision of law shall take effect as if such amend-ments had been included in Public Law 107–56, as of the date12 USC 1828note.
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of enactment of such Public Law, and no amendment made by
such Public Law that is inconsistent with an amendment madeby this subchapter shall be deemed to have taken effect.
Subtitle D—Additional Enforcement Tools
SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY
PRINTING.
(a) P RODUCTION OF DOCUMENTS .—Section 5114(a) of title 31,
United States Code (relating to engraving and printing currencyand security documents), is amended—
(1) by striking ‘‘(a) The Secretary of the Treasury’’ and
inserting:‘‘(a) A
UTHORITY TOENGRAVE AND PRINT .—
‘‘(1) I N GENERAL .—The Secretary of the Treasury’’; and
(2) by adding at the end the following new paragraphs:‘‘(2) E
NGRAVING AND PRINTING FOR OTHER GOVERNMENTS .—
The Secretary of the Treasury may produce currency, postagestamps, and other security documents for foreign governmentsif—
‘‘(A) the Secretary of the Treasury determines that
such production will not interfere with engraving andprinting needs of the United States; and
‘‘(B) the Secretary of State determines that such
production would be consistent with the foreign policy ofthe United States.‘‘(3) P
ROCUREMENT GUIDELINES .—Articles, material, and
supplies procured for use in the production of currency, postagestamps, and other security documents for foreign governmentspursuant to paragraph (2) shall be treated in the same manneras articles, material, and supplies procured for public use withinthe United States for purposes of title III of the Act of March3, 1933 (41 U.S.C. 10a et seq.; commonly referred to as theBuy American Act).’’.(b) R
EIMBURSEMENT .—Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engravingand Printing), is amended—
(1) in the first sentence, by inserting ‘‘or to a foreign
government under section 5114’’ after ‘‘agency’’;
(2) in the second sentence, by inserting ‘‘and other’’ after
‘‘including administrative’’; and
(3) in the last sentence, by inserting ‘‘, and the Secretary
shall take such action, in coordination with the Secretary ofState, as may be appropriate to ensure prompt payment bya foreign government of any invoice or statement of accountsubmitted by the Secretary with respect to services renderedunder section 5114’’ before the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF
FUNDS.
Section 5318 of title 31, United States Code, is amended by
adding at the end the following new subsection:
‘‘(n) R EPORTING OF CERTAIN CROSS -BORDER TRANSMITTALS OF
FUNDS .—
‘‘(1) I N GENERAL .—Subject to paragraphs (3) and (4), the
Secretary shall prescribe regulations requiring such financialRegulations.
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institutions as the Secretary determines to be appropriate to
report to the Financial Crimes Enforcement Network certaincross-border electronic transmittals of funds, if the Secretarydetermines that reporting of such transmittals is reasonablynecessary to conduct the efforts of the Secretary against moneylaundering and terrorist financing.
‘‘(2) L
IMITATION ON REPORTING REQUIREMENTS .—Informa-
tion required to be reported by the regulations prescribed underparagraph (1) shall not exceed the information required tobe retained by the reporting financial institution pursuant tosection 21 of the Federal Deposit Insurance Act and the regula-tions promulgated thereunder, unless—
‘‘(A) the Board of Governors of the Federal Reserve
System and the Secretary jointly determine that a par-ticular item or items of information are not currentlyrequired to be retained under such section or such regula-tions; and
‘‘(B) the Secretary determines, after consultation with
the Board of Governors of the Federal Reserve System,that the reporting of such information is reasonably nec-essary to conduct the efforts of the Secretary to identifycross-border money laundering and terrorist financing.‘‘(3) F
ORM AND MANNER OF REPORTS .—In prescribing the
regulations required under paragraph (1), the Secretary shall,subject to paragraph (2), determine the appropriate form,manner, content, and frequency of filing of the required reports.
‘‘(4) F
EASIBILITY REPORT .—
‘‘(A) I N GENERAL .—Before prescribing the regulations
required under paragraph (1), and as soon as is practicableafter the date of enactment of the National IntelligenceReform Act of 2004, the Secretary shall submit a reportto the Committee on Banking, Housing, and Urban Affairsof the Senate and the Committee on Financial Servicesof the House of Representatives that—
‘‘(i) identifies the information in cross-border elec-
tronic transmittals of funds that may be found in par-ticular cases to be reasonably necessary to conductthe efforts of the Secretary to identify money laun-dering and terrorist financing, and outlines the criteriato be used by the Secretary to select the situationsin which reporting under this subsection may berequired;
‘‘(ii) outlines the appropriate form, manner, con-
tent, and frequency of filing of the reports that maybe required under such regulations;
‘‘(iii) identifies the technology necessary for the
Financial Crimes Enforcement Network to receive,keep, exploit, protect the security of, and disseminateinformation from reports of cross-border electronictransmittals of funds to law enforcement and otherentities engaged in efforts against money launderingand terrorist financing; and
‘‘(iv) discusses the information security protections
required by the exercise of the Secretary’s authorityunder this subsection.‘‘(B) C
ONSULTATION .—In reporting the feasibility report
under subparagraph (A), the Secretary may consult with
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the Bank Secrecy Act Advisory Group established by the
Secretary, and any other group considered by the Secretaryto be relevant.‘‘(5) R
EGULATIONS .—
‘‘(A) I N GENERAL .—Subject to subparagraph (B), the
regulations required by paragraph (1) shall be prescribedin final form by the Secretary, in consultation with theBoard of Governors of the Federal Reserve System, beforethe end of the 3-year period beginning on the date ofenactment of the National Intelligence Reform Act of 2004.
‘‘(B) T
ECHNOLOGICAL FEASIBILITY .—No regulations
shall be prescribed under this subsection before the Sec-retary certifies to the Congress that the Financial CrimesEnforcement Network has the technological systems inplace to effectively and efficiently receive, keep, exploit,protect the security of, and disseminate information fromreports of cross-border electronic transmittals of funds tolaw enforcement and other entities engaged in effortsagainst money laundering and terrorist financing.’’.
SEC. 6303. TERRORISM FINANCING.
(a) R EPORT ON TERRORIST FINANCING .—
(1) I N GENERAL .—Not later than 270 days after the date
of enactment of this Act, the President, acting through theSecretary of the Treasury, shall submit to Congress a reportevaluating the current state of United States efforts to curtailthe international financing of terrorism.
(2) C
ONTENTS .—The report required by paragraph (1) shall
evaluate and make recommendations on—
(A) the effectiveness and efficiency of current United
States governmental efforts and methods to detect, track,disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing and
money laundering, including how the laundering of pro-ceeds related to illegal narcotics or foreign political corrup-tion may contribute to terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency of current
efforts to coordinate intelligence and agency operationswithin the United States Government to detect, track, dis-rupt, and stop terrorist financing, including identifyingwho, if anyone, has primary responsibility for developingpriorities, assigning tasks to agencies, and monitoring theimplementation of policy and operations;
(D) the effectiveness and efficiency of efforts to protect
the critical infrastructure of the United States financialsystem, and ways to improve the effectiveness of financialinstitutions;
(E) ways to improve multilateral and international
governmental cooperation on terrorist financing, includingthe adequacy of agency coordination within the UnitedStates related to participating in international cooperativeefforts and implementing international treaties and com-pacts; andCertification.Deadline.
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(F) ways to improve the setting of priorities and
coordination of United States efforts to detect, track, dis-rupt, and stop terrorist financing, including recommenda-tions for changes in executive branch organization or proce-dures, legislative reforms, additional resources, or use ofappropriated funds.
(b) P
OSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND
THRIFT EXAMINERS .—Section 10 of the Federal Deposit Insurance
Act (12 U.S.C. 1820) is amended by adding at the end the following:
‘‘(k) O NE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
FINANCIAL INSTITUTIONS .—
‘‘(1) I N GENERAL .—In addition to other applicable restric-
tions set forth in title 18, United States Code, the penaltiesset forth in paragraph (6) of this subsection shall apply toany person who—
‘‘(A) was an officer or employee (including any special
Government employee) of a Federal banking agency ora Federal reserve bank;
‘‘(B) served 2 or more months during the final 12
months of his or her employment with such agency orentity as the senior examiner (or a functionally equivalentposition) of a depository institution or depository institutionholding company with continuing, broad responsibility forthe examination (or inspection) of that depository institu-tion or depository institution holding company on behalfof the relevant agency or Federal reserve bank; and
‘‘(C) within 1 year after the termination date of his
or her service or employment with such agency or entity,knowingly accepts compensation as an employee, officer,director, or consultant from—
‘‘(i) such depository institution, any depository
institution holding company that controls such deposi-tory institution, or any other company that controlssuch depository institution; or
‘‘(ii) such depository institution holding company
or any depository institution that is controlled by suchdepository institution holding company.
‘‘(2) D
EFINITIONS .—For purposes of this subsection—
‘‘(A) the term ‘depository institution’ includes an unin-
sured branch or agency of a foreign bank, if such branchor agency is located in any State; and
‘‘(B) the term ‘depository institution holding company’
includes any foreign bank or company described in section8(a) of the International Banking Act of 1978.‘‘(3) R
ULES OF CONSTRUCTION .—For purposes of this sub-
section, a foreign bank shall be deemed to control any branch
or agency of the foreign bank, and a person shall be deemedto act as a consultant for a depository institution, depositoryinstitution holding company, or other company, only if suchperson directly works on matters for, or on behalf of, suchdepository institution, depository institution holding company,or other company.
‘‘(4) R
EGULATIONS .—
‘‘(A) I N GENERAL .—Each Federal banking agency shall
prescribe rules or regulations to administer and carry outthis subsection, including rules, regulations, or guidelinesApplicability.
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to define the scope of persons referred to in paragraph
(1)(B).
‘‘(B) C ONSULTATION REQUIRED .—The Federal banking
agencies shall consult with each other for the purposeof assuring that the rules and regulations issued by theagencies under subparagraph (A) are, to the extent possible,consistent, comparable, and practicable, taking into accountany differences in the supervisory programs utilized bythe agencies for the supervision of depository institutionsand depository institution holding companies.‘‘(5) W
AIVER .—
‘‘(A) A GENCY AUTHORITY .—A Federal banking agency
may grant a waiver, on a case by case basis, of the restric-tion imposed by this subsection to any officer or employee(including any special Government employee) of thatagency, and the Board of Governors of the Federal ReserveSystem may grant a waiver of the restriction imposedby this subsection to any officer or employee of a Federalreserve bank, if the head of such agency certifies in writingthat granting the waiver would not affect the integrityof the supervisory program of the relevant Federal bankingagency.
‘‘(B) D
EFINITION .—For purposes of this paragraph, the
head of an agency is—
‘‘(i) the Comptroller of the Currency, in the case
of the Office of the Comptroller of the Currency;
‘‘(ii) the Chairman of the Board of Governors of
the Federal Reserve System, in the case of the Boardof Governors of the Federal Reserve System;
‘‘(iii) the Chairperson of the Board of Directors,
in the case of the Corporation; and
‘‘(iv) the Director of the Office of Thrift Super-
vision, in the case of the Office of Thrift Supervision.
‘‘(6) P
ENALTIES .—
‘‘(A) I N GENERAL .—In addition to any other administra-
tive, civil, or criminal remedy or penalty that may other-wise apply, whenever a Federal banking agency determinesthat a person subject to paragraph (1) has become associ-ated, in the manner described in paragraph (1)(C), witha depository institution, depository institution holding com-pany, or other company for which such agency serves asthe appropriate Federal banking agency, the agency shallimpose upon such person one or more of the followingpenalties:
‘‘(i) I
NDUSTRY -WIDE PROHIBITION ORDER .—The Fed-
eral banking agency shall serve a written notice ororder in accordance with and subject to the provisionsof section 8(e)(4) for written notices or orders underparagraph (1) or (2) of section 8(e), upon such personof the intention of the agency—
‘‘(I) to remove such person from office or to
prohibit such person from further participation inthe conduct of the affairs of the depository institu-tion, depository institution holding company, orother company for a period of up to 5 years; and
‘‘(II) to prohibit any further participation by
such person, in any manner, in the conduct ofNotice.
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the affairs of any insured depository institution
for a period of up to 5 years.‘‘(ii) C
IVIL MONETARY PENALTY .—The Federal
banking agency may, in an administrative proceedingor civil action in an appropriate United States districtcourt, impose on such person a civil monetary penaltyof not more than $250,000. Any administrative pro-ceeding under this clause shall be conducted in accord-ance with section 8(i). In lieu of an action by theFederal banking agency under this clause, the AttorneyGeneral of the United States may bring a civil actionunder this clause in the appropriate United Statesdistrict court.‘‘(B) S
COPE OF PROHIBITION ORDER .—Any person subject
to an order issued under subparagraph (A)(i) shall be sub-ject to paragraphs (6) and (7) of section 8(e) in the samemanner and to the same extent as a person subject toan order issued under such section.
‘‘(C) D
EFINITIONS .—Solely for purposes of this para-
graph, the ‘appropriate Federal banking agency’ for a com-pany that is not a depository institution or depositoryinstitution holding company shall be the Federal bankingagency on whose behalf the person described in paragraph(1) performed the functions described in paragraph (1)(B).’’.
(c) P
OSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION
EXAMINERS .—Section 206 of the Federal Credit Union Act (12 U.S.C.
1786) is amended by adding at the end the following:
‘‘(w) O NE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF
INSURED CREDIT UNIONS .—
‘‘(1) I N GENERAL .—In addition to other applicable restric-
tions set forth in title 18, United States Code, the penaltiesset forth in paragraph (5) of this subsection shall apply toany person who—
‘‘(A) was an officer or employee (including any special
Government employee) of the Administration;
‘‘(B) served 2 or more months during the final 12
months of his or her employment with the Administrationas the senior examiner (or a functionally equivalent posi-tion) of an insured credit union with continuing, broadresponsibility for the examination (or inspection) of thatinsured credit union on behalf of the Administration; and
‘‘(C) within 1 year after the termination date of his
or her service or employment with the Administration,knowingly accepts compensation as an employee, officer,director, or consultant from such insured credit union.‘‘(2) R
ULE OF CONSTRUCTION .—For purposes of this sub-
section, a person shall be deemed to act as a consultant foran insured credit union only if such person directly workson matters for, or on behalf of, such insured credit union.
‘‘(3) R
EGULATIONS .—
‘‘(A) I N GENERAL .—The Board shall prescribe rules or
regulations to administer and carry out this subsection,including rules, regulations, or guidelines to define thescope of persons referred to in paragraph (1)(B).
‘‘(B) C
ONSULTATION .—In prescribing rules or regula-
tions under this paragraph, the Board shall, to the extentApplicability.
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it deems necessary, consult with the Federal banking agen-
cies (as defined in section 3 of the Federal Deposit Insur-ance Act) on regulations issued by such agencies in carryingout section 10(k) of the Federal Deposit Insurance Act.‘‘(4) W
AIVER .—The Board may grant a waiver, on a case
by case basis, of the restriction imposed by this subsectionto any officer or employee (including any special Governmentemployee) of the Administration if the Chairman certifies inwriting that granting the waiver would not affect the integrityof the supervisory program of the Administration.
‘‘(5) P
ENALTIES .—
‘‘(A) I N GENERAL .—In addition to any other administra-
tive, civil, or criminal remedy or penalty that may other-wise apply, whenever the Board determines that a personsubject to paragraph (1) has become associated, in themanner described in paragraph (1)(C), with an insuredcredit union, the Board shall impose upon such personone or more of the following penalties:
‘‘(i) I
NDUSTRY -WIDE PROHIBITION ORDER .—The
Board shall serve a written notice or order in accord-ance with and subject to the provisions of subsection(g)(4) for written notices or orders under paragraph(1) or (2) of subsection (g), upon such person of theintention of the Board—
‘‘(I) to remove such person from office or to
prohibit such person from further participation inthe conduct of the affairs of the insured creditunion for a period of up to 5 years; and
‘‘(II) to prohibit any further participation by
such person, in any manner, in the conduct ofthe affairs of any insured credit union for a periodof up to 5 years.‘‘(ii) C
IVIL MONETARY PENALTY .—The Board may,
in an administrative proceeding or civil action in anappropriate United States district court, impose onsuch person a civil monetary penalty of not more than$250,000. Any administrative proceeding under thisclause shall be conducted in accordance with subsection(k). In lieu of an action by the Board under this clause,
the Attorney General of the United States may bringa civil action under this clause in the appropriateUnited States district court.‘‘(B) S
COPE OF PROHIBITION ORDER .—Any person subject
to an order issued under this subparagraph (A)(i) shallbe subject to paragraphs (5) and (7) of subsection (g) inthe same manner and to the same extent as a personsubject to an order issued under subsection (g).’’.
(d) E
FFECTIVE DATE.—Notwithstanding any other effective date
established pursuant to this Act, subsection (a) shall become effec-tive on the date of enactment of this Act, and the amendmentsmade by subsections (b) and (c) shall become effective at the endof the 12-month period beginning on the date of enactment ofthis Act, whether or not final regulations are issued in accordancewith the amendments made by this section as of that date ofenactment.12 USC 1786
note.Notice.
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Subtitle E—Criminal History Background
Checks
SEC. 6401. PROTECT ACT.
Public Law 108–21 is amended—
(1) in section 108(a)(2)(A) by striking ‘‘an 18 month’’ and
inserting ‘‘a 30-month’’; and
(2) in section 108(a)(3)(A) by striking ‘‘an 18-month’’ and
inserting ‘‘a 30-month’’.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRI-
VATE SECURITY OFFICER EMPLOYMENT.
(a) S HORT TITLE.—This section may be cited as the ‘‘Private
Security Officer Employment Authorization Act of 2004’’.
(b) F INDINGS .—Congress finds that—
(1) employment of private security officers in the United
States is growing rapidly;
(2) private security officers function as an adjunct to, but
not a replacement for, public law enforcement by helping toreduce and prevent crime;
(3) such private security officers protect individuals, prop-
erty, and proprietary information, and provide protection tosuch diverse operations as banks, hospitals, research anddevelopment centers, manufacturing facilities, defense andaerospace contractors, high technology businesses, nuclearpower plants, chemical companies, oil and gas refineries, air-ports, communication facilities and operations, office complexes,schools, residential properties, apartment complexes, gatedcommunities, and others;
(4) sworn law enforcement officers provide significant serv-
ices to the citizens of the United States in its public areas,and are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demandsprofessional, reliable, and responsible security officers for theprotection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security
services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes,including terrorism;
(8) the American public deserves the employment of quali-
fied, well-trained private security personnel as an adjunct tosworn law enforcement officers; and
(9) private security officers and applicants for private secu-
rity officer positions should be thoroughly screened and trained.(c) D
EFINITIONS .—In this section:
(1) E MPLOYEE .—The term ‘‘employee’’ includes both a cur-
rent employee and an applicant for employment as a privatesecurity officer.
(2) A
UTHORIZED EMPLOYER .—The term ‘‘authorized
employer’’ means any person that—
(A) employs private security officers; and(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history recordPrivate SecurityOfficerEmploymentAuthorizationAct of 2004.28 USC 534 note.42 USC 5119a
note.
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information search of an employee through a State identi-
fication bureau pursuant to this section.(3) P
RIVATE SECURITY OFFICER .—The term ‘‘private security
officer’’—
(A) means an individual other than an employee of
a Federal, State, or local government, whose primary dutyis to perform security services, full or part time, for consid-eration, whether armed or unarmed and in uniform orplain clothes (except for services excluded from coverageunder this Act if the Attorney General determines by regu-lation that such exclusion would serve the public interest);but
(B) does not include—
(i) employees whose duties are primarily internal
audit or credit functions;
(ii) employees of electronic security system compa-
nies acting as technicians or monitors; or
(iii) employees whose duties primarily involve the
secure movement of prisoners.
(4) S
ECURITY SERVICES .—The term ‘‘security services’’
means acts to protect people or property as defined by regula-tions promulgated by the Attorney General.
(5) S
TATE IDENTIFICATION BUREAU .—The term ‘‘State identi-
fication bureau’’ means the State entity designated by theAttorney General for the submission and receipt of criminalhistory record information.(d) C
RIMINAL HISTORY RECORD INFORMATION SEARCH .—
(1) I N GENERAL .—
(A) S UBMISSION OF FINGERPRINTS .—An authorized
employer may submit to the State identification bureauof a participating State, fingerprints or other means ofpositive identification, as determined by the Attorney Gen-eral, of an employee of such employer for purposes of acriminal history record information search pursuant to thisAct.
(B) E
MPLOYEE RIGHTS .—
(i) P ERMISSION .—An authorized employer shall
obtain written consent from an employee to submitto the State identification bureau of the participatingState the request to search the criminal history recordinformation of the employee under this Act.
(ii) A
CCESS .—An authorized employer shall provide
to the employee confidential access to any informationrelating to the employee received by the authorizedemployer pursuant to this Act.(C) P
ROVIDING INFORMATION TO THE STATE IDENTIFICA –
TION BUREAU .—Upon receipt of a request for a criminal
history record information search from an authorizedemployer pursuant to this Act, submitted through the Stateidentification bureau of a participating State, the AttorneyGeneral shall—
(i) search the appropriate records of the Criminal
Justice Information Services Division of the FederalBureau of Investigation; and
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(ii) promptly provide any resulting identification
and criminal history record information to the submit-ting State identification bureau requesting theinformation.(D) U
SE OF INFORMATION .—
(i) I N GENERAL .—Upon receipt of the criminal his-
tory record information from the Attorney General bythe State identification bureau, the information shallbe used only as provided in clause (ii).
(ii) T
ERMS .—In the case of—
(I) a participating State that has no State
standards for qualification to be a private securityofficer, the State shall notify an authorizedemployer as to the fact of whether an employeehas been—
(aa) convicted of a felony, an offense
involving dishonesty or a false statement ifthe conviction occurred during the previous10 years, or an offense involving the use orattempted use of physical force against theperson of another if the conviction occurredduring the previous 10 years; or
(bb) charged with a criminal felony for
which there has been no resolution duringthe preceding 365 days; or(II) a participating State that has State stand-
ards for qualification to be a private securityofficer, the State shall use the information receivedpursuant to this Act in applying the State stand-ards and shall only notify the employer of theresults of the application of the State standards.
(E) F
REQUENCY OF REQUESTS .—An authorized employer
may request a criminal history record information searchfor an employee only once every 12 months of continuousemployment by that employee unless the authorizedemployer has good cause to submit additional requests.(2) R
EGULATIONS .—Not later than 180 days after the date
of enactment of this Act, the Attorney General shall issuesuch final or interim final regulations as may be necessaryto carry out this Act, including—
(A) measures relating to the security, confidentiality,
accuracy, use, submission, dissemination, destruction ofinformation and audits, and record keeping;
(B) standards for qualification as an authorized
employer; and
(C) the imposition of reasonable fees necessary for
conducting the background checks.(3) C
RIMINAL PENALTIES FOR USE OF INFORMATION .—Who-
ever knowingly and intentionally uses any information obtainedpursuant to this Act other than for the purpose of determiningthe suitability of an individual for employment as a privatesecurity officer shall be fined under title 18, United StatesCode, or imprisoned for not more than 2 years, or both.
(4) U
SER FEES .—
(A) I N GENERAL .—The Director of the Federal Bureau
of Investigation may—Deadline.Notification.
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(i) collect fees to process background checks pro-
vided for by this Act; and
(ii) establish such fees at a level to include an
additional amount to defray expenses for the automa-tion of fingerprint identification and criminal justiceinformation services and associated costs.(B) L
IMITATIONS .—Any fee collected under this
subsection—
(i) shall, consistent with Public Law 101–515 and
Public Law 104–99, be credited to the appropriationto be used for salaries and other expenses incurredthrough providing the services described in such PublicLaws and in subparagraph (A);
(ii) shall be available for expenditure only to pay
the costs of such activities and services; and
(iii) shall remain available until expended.
(C) S
TATE COSTS .—Nothing in this Act shall be con-
strued as restricting the right of a State to assess a reason-able fee on an authorized employer for the costs to theState of administering this Act.(5) S
TATE OPT OUT .—A State may decline to participate
in the background check system authorized by this Act byenacting a law or issuing an order by the Governor (if consistentwith State law) providing that the State is declining to partici-pate pursuant to this subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) I NGENERAL .—Not later than 180 days after the date of
enactment of this Act, the Attorney General shall report to theJudiciary Committee of the Senate and the Judiciary Committeeof the House of Representatives regarding all statutory require-ments for criminal history record checks that are required to beconducted by the Department of Justice or any of its components.
(b) D
EFINITIONS .—As used in this section—
(1) the terms ‘‘criminal history information’’ and ‘‘criminal
history records’’ include—
(A) an identifying description of the individual to whom
the information or records pertain;
(B) notations of arrests, detentions, indictments, or
other formal criminal charges pertaining to such individual;and
(C) any disposition to a notation described in subpara-
graph (B), including acquittal, sentencing, correctionalsupervision, or release; and(2) the term ‘‘IAFIS’’ means the Integrated Automated
Fingerprint Identification System of the Federal Bureau ofAllocation, which serves as the national depository for finger-print, biometric, and criminal history information, throughwhich fingerprints are processed electronically.(c) I
DENTIFICATION OF INFORMATION .—The Attorney General
shall identify—
(1) the number of criminal history record checks requested,
including the type of information requested;
(2) the usage of different terms and definitions regarding
criminal history information; and
(3) the variation in fees charged for such information and
who pays such fees.Deadline.Reports.
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(d) R ECOMMENDATIONS .—The Attorney General shall make rec-
ommendations to Congress for improving, standardizing, andconsolidating the existing statutory authorization, programs, andprocedures for the conduct of criminal history record checks fornon-criminal justice purposes. In making these recommendationsto Congress, the Attorney General shall consider—
(1) the effectiveness and efficiency of utilizing commercially
available databases as a supplement to IAFIS criminal historyinformation checks;
(2) any security concerns created by the existence of these
commercially available databases concerning their ability toprovide sensitive information that is not readily available aboutlaw enforcement or intelligence officials, including theiridentity, residence, and financial status;
(3) the effectiveness of utilizing State databases;(4) any feasibility studies by the Department of Justice
of the resources and structure of the Federal Bureau of Inves-tigation to establish a system to provide criminal historyinformation;
(5) privacy rights and other employee protections,
including—
(A) employee consent;(B) access to the records used if employment was
denied;
(C) the disposition of the fingerprint submissions after
the records are searched;
(D) an appeal mechanism; and(E) penalties for misuse of the information;
(6) the scope and means of processing background checks
for private employers utilizing data maintained by the FederalBureau of Investigation that the Attorney General should beallowed to authorize in cases where the authority for suchchecks is not available at the State level;
(7) any restrictions that should be placed on the ability
of an employer to charge an employee or prospective employeefor the cost associated with the background check;
(8) which requirements should apply to the handling of
incomplete records;
(9) the circumstances under which the criminal history
information should be disseminated to the employer;
(10) the type of restrictions that should be prescribed for
the handling of criminal history information by an employer;
(11) the range of Federal and State fees that might apply
to such background check requests;
(12) any requirements that should be imposed concerning
the time for responding to such background check requests;
(13) any infrastructure that may need to be developed
to support the processing of such checks, including—
(A) the means by which information is collected and
submitted in support of the checks; and
(B) the system capacity needed to process such checks
at the Federal and State level;(14) the role that States should play; and(15) any other factors that the Attorney General determines
to be relevant to the subject of the report.(e) C
ONSULTATION .—In developing the report under this section,
the Attorney General shall consult with representatives of StateProcedures.
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criminal history record repositories, the National Crime Prevention
and Privacy Compact Council, appropriate representatives of privateindustry, and representatives of labor, as determined appropriateby the Attorney General.
Subtitle F—Grand Jury Information
Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
(a) R ULE AMENDMENTS .—Rule 6(e) of the Federal Rules of
Criminal Procedure is amended—
(1) in paragraph (3)—
(A) in subparagraph (A)(ii), by striking ‘‘or state sub-
division or of an Indian tribe’’ and inserting ‘‘, state subdivi-sion, Indian tribe, or foreign government’’;
(B) in subparagraph (D)—
(i) by inserting after the first sentence the fol-
lowing: ‘‘An attorney for the government may also dis-close any grand jury matter involving, within theUnited States or elsewhere, a threat of attack or othergrave hostile acts of a foreign power or its agent,a threat of domestic or international sabotage or ter-rorism, or clandestine intelligence gathering activitiesby an intelligence service or network of a foreign poweror by its agent, to any appropriate Federal, State,State subdivision, Indian tribal, or foreign governmentofficial, for the purpose of preventing or respondingto such threat or activities.’’; and
(ii) in clause (i)—
(I) by striking ‘‘federal’’; and(II) by adding at the end the following: ‘‘Any
State, State subdivision, Indian tribal, or foreigngovernment official who receives information underRule 6(e)(3)(D) may use the information only con-sistent with such guidelines as the Attorney Gen-eral and the Director of National Intelligence shalljointly issue.’’; and
(C) in subparagraph (E)—
(i) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:‘‘(iii) at the request of the government, when
sought by a foreign court or prosecutor for use inan official criminal investigation;’’; and
(iii) in clause (iv), as redesignated—
(I) by striking ‘‘state or Indian tribal’’ and
inserting ‘‘State, Indian tribal, or foreign’’; and
(II) by striking ‘‘or Indian tribal official’’ and
inserting ‘‘Indian tribal, or foreign government offi-
cial’’; and
(2) in paragraph (7), by inserting ‘‘, or of guidelines jointly
issued by the Attorney General and the Director of NationalIntelligence pursuant to Rule 6,’’ after ‘‘Rule 6’’.(b) C
ONFORMING AMENDMENT .—Section 203(c) of Public Law
107–56 (18 U.S.C. 2517 note) is amended by striking ‘‘Rule6(e)(3)(C)(i)(V) and (VI)’’ and inserting ‘‘Rule 6(e)(3)(D)’’.18 USC app.
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Subtitle G—Providing Material Support to
Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the ‘‘Material Support to Ter-
rorism Prohibition Enhancement Act of 2004’’.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN
TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2339C the following new section:
‘‘§ 2339D. Receiving military-type training from a foreign ter-
rorist organization
‘‘(a) O FFENSE .—Whoever knowingly receives military-type
training from or on behalf of any organization designated at thetime of the training by the Secretary of State under section 219(a)(1)of the Immigration and Nationality Act as a foreign terroristorganization shall be fined under this title or imprisoned for tenyears, or both. To violate this subsection, a person must haveknowledge that the organization is a designated terrorist organiza-tion (as defined in subsection (c)(4)), that the organization hasengaged or engages in terrorist activity (as defined in section 212
of the Immigration and Nationality Act), or that the organizationhas engaged or engages in terrorism (as defined in section 140(d)(2)of the Foreign Relations Authorization Act, Fiscal Years 1988 and1989).
‘‘(b) E
XTRATERRITORIAL JURISDICTION .—There is extraterritorial
Federal jurisdiction over an offense under this section. There isjurisdiction over an offense under subsection (a) if—
‘‘(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act)or an alien lawfully admitted for permanent residence in theUnited States (as defined in section 101(a)(20) of the Immigra-tion and Nationality Act);
‘‘(2) an offender is a stateless person whose habitual resi-
dence is in the United States;
‘‘(3) after the conduct required for the offense occurs an
offender is brought into or found in the United States, evenif the conduct required for the offense occurs outside the UnitedStates;
‘‘(4) the offense occurs in whole or in part within the
United States;
‘‘(5) the offense occurs in or affects interstate or foreign
commerce; or
‘‘(6) an offender aids or abets any person over whom juris-
diction exists under this paragraph in committing an offenseunder subsection (a) or conspires with any person over whomjurisdiction exists under this paragraph to commit an offenseunder subsection (a).‘‘(c) D
EFINITIONS .—As used in this section—
‘‘(1) the term ‘military-type training’ includes training in
means or methods that can cause death or serious bodily injury,destroy or damage property, or disrupt services to critical infra-structure, or training on the use, storage, production, orassembly of any explosive, firearm or other weapon, includingMaterial Supportto TerrorismProhibitionEnhancementAct of 2004.18 USC 2331note.
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any weapon of mass destruction (as defined in section
2232a(c)(2));
‘‘(2) the term ‘serious bodily injury’ has the meaning given
that term in section 1365(h)(3);
‘‘(3) the term ‘critical infrastructure’ means systems and
assets vital to national defense, national security, economicsecurity, public health or safety including both regional andnational infrastructure. Critical infrastructure may be publiclyor privately owned; examples of critical infrastructure includegas and oil production, storage, or delivery systems, watersupply systems, telecommunications networks, electrical powergeneration or delivery systems, financing and banking systems,emergency services (including medical, police, fire, and rescueservices), and transportation systems and services (includinghighways, mass transit, airlines, and airports); and
‘‘(4) the term ‘foreign terrorist organization’ means an
organization designated as a terrorist organization under sec-tion 219(a)(1) of the Immigration and Nationality Act.’’.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUP-
PORT TO TERRORISM.
(a) I NGENERAL .—Chapter 113B of title 18, United States Code,
is amended—
(1) in section 2332b(g)(5)(B)(i)—
(A) by inserting ‘‘1361 (relating to government property
or contracts),’’ before ‘‘1362’’; and
(B) by inserting ‘‘2156 (relating to national defense
material, premises, or utilities),’’ before ‘‘2280’’; and(2) in section 2339A—
(A) by striking ‘‘or’’ before ‘‘section 46502’’; and(B) by inserting ‘‘or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B)’’ after‘‘section 60123(b) of title 49,’’.
(b) D
EFINITIONS .—Section 2339A(b) of title 18, United States
Code, is amended to read as follows:
‘‘(b) D EFINITIONS .—As used in this section—
‘‘(1) the term ‘material support or resources’ means any
property, tangible or intangible, or service, including currencyor monetary instruments or financial securities, financial serv-ices, lodging, training, expert advice or assistance, safehouses,false documentation or identification, communications equip-ment, facilities, weapons, lethal substances, explosives, per-sonnel (1 or more individuals who may be or include oneself),and transportation, except medicine or religious materials;
‘‘(2) the term ‘training’ means instruction or teaching
designed to impart a specific skill, as opposed to general knowl-edge; and
‘‘(3) the term ‘expert advice or assistance’ means advice
or assistance derived from scientific, technical or other special-ized knowledge.’’.(c) A
DDITION TO OFFENSE OF PROVIDING MATERIAL SUPPORT
TOTERRORIST ORGANIZATIONS .—Section 2339B(a)(1) of title 18,
United States Code, is amended—
(1) by striking ‘‘, within the United States or subject to
the jurisdiction of the United States,’’; and
(2) by adding at the end the following: ‘‘To violate this
paragraph, a person must have knowledge that the organization
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is a designated terrorist organization (as defined in subsection
(g)(6)), that the organization has engaged or engages in terroristactivity (as defined in section 212(a)(3)(B) of the Immigrationand Nationality Act), or that the organization has engagedor engages in terrorism (as defined in section 140(d)(2) of theForeign Relations Authorization Act, Fiscal Years 1988 and1989).’’.(d) F
EDERAL AUTHORITY .—Section 2339B(d) of title 18 is
amended by striking ‘‘There’’ and inserting the following:
‘‘(1) I N GENERAL .—There is jurisdiction over an offense
under subsection (a) if—
‘‘(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and NationalityAct (8 U.S.C. 1101(a)(22))) or an alien lawfully admitted forpermanent residence in the United States (as defined in section101(a)(20) of the Immigration and Nationality Act (8 U.S.C.1101(a)(20)));
‘‘(B) an offender is a stateless person whose habitual resi-
dence is in the United States;
‘‘(C) after the conduct required for the offense occurs an
offender is brought into or found in the United States, evenif the conduct required for the offense occurs outside the UnitedStates;
‘‘(D) the offense occurs in whole or in part within the
United States;
‘‘(E) the offense occurs in or affects interstate or foreign
commerce; or
‘‘(F) an offender aids or abets any person over whom juris-
diction exists under this paragraph in committing an offenseunder subsection (a) or conspires with any person over whomjurisdiction exists under this paragraph to commit an offenseunder subsection (a).’’.
‘‘(2) E
XTRATERRITORIAL JURISDICTION .—There’’.
(e) D EFINITION .—Section 2339B(g)(4) of title 18, United States
Code, is amended to read as follows:
‘‘(4) the term ‘material support or resources’ has the same
meaning given that term in section 2339A (including the defini-tions of ‘training’ and ‘expert advice or assistance’ in thatsection);’’.(f) A
DDITIONAL PROVISIONS .—Section 2339B of title 18, United
States Code, is amended by adding at the end the following:
‘‘(h) P ROVISION OF PERSONNEL .—No person may be prosecuted
under this section in connection with the term ‘personnel’ unlessthat person has knowingly provided, attempted to provide, or con-spired to provide a foreign terrorist organization with 1 or moreindividuals (who may be or include himself) to work under that
terrorist organization’s direction or control or to organize, manage,supervise, or otherwise direct the operation of that organization.Individuals who act entirely independently of the foreign terroristorganization to advance its goals or objectives shall not be consid-ered to be working under the foreign terrorist organization’s direc-tion and control.
‘‘(i) R
ULE OF CONSTRUCTION .—Nothing in this section shall
be construed or applied so as to abridge the exercise of rightsguaranteed under the First Amendment to the Constitution of theUnited States.
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‘‘(j) E XCEPTION .—No person may be prosecuted under this sec-
tion in connection with the term ‘personnel’, ‘training’, or ‘expertadvice or assistance’ if the provision of that material support orresources to a foreign terrorist organization was approved by theSecretary of State with the concurrence of the Attorney General.The Secretary of State may not approve the provision of any mate-rial support that may be used to carry out terrorist activity (asdefined in section 212(a)(3)(B)(iii) of the Immigration and Nation-
ality Act).’’.
(g) S
UNSET PROVISION .—
(1) I N GENERAL .—Except as provided in paragraph (2), this
section and the amendments made by this section shall ceaseto be effective on December 31, 2006.
(2) E
XCEPTION .—This section and the amendments made
by this section shall continue in effect with respect to anyparticular offense that—
(A) is prohibited by this section or amendments made
by this section; and
(B) began or occurred before December 31, 2006.
SEC. 6604. FINANCING OF TERRORISM.
(a) F INANCING TERRORISM .—Section 2339c(c)(2) of title 18,
United States Code, is amended—
(1) by striking ‘‘, resources, or funds’’ and inserting ‘‘or
resources, or any funds or proceeds of such funds’’;
(2) in subparagraph (A), by striking ‘‘were provided’’ and
inserting ‘‘are to be provided, or knowing that the supportor resources were provided,’’; and
(3) in subparagraph (B)—
(A) by striking ‘‘or any proceeds of such funds’’; and(B) by striking ‘‘were provided or collected’’ and
inserting ‘‘are to be provided or collected, or knowing thatthe funds were provided or collected,’’.
(b) D
EFINITIONS .—Section 2339c(e) of title 18, United States
Code, is amended—
(1) by striking ‘‘and’’ at the end of paragraph (12);(2) by redesignating paragraph (13) as paragraph (14);
and
(3) by inserting after paragraph (12) the following:‘‘(13) the term ‘material support or resources’ has the same
meaning given that term in section 2339B(g)(4) of this title;and’’.
Subtitle H—Stop Terrorist and Military
Hoaxes Act of 2004
SEC. 6701. SHORT TITLE.
This subtitle may be cited as the ‘‘Stop Terrorist and Military
Hoaxes Act of 2004’’.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) P ROHIBITION ON HOAXES .—Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the fol-lowing:18 USC 1 note.Stop Terrorist
and MilitaryHoaxes Act of2004.18 USC 2339C.18 USC 2339C.18 USC 2332b
note.
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‘‘§ 1038. False information and hoaxes
‘‘(a) C RIMINAL VIOLATION .—
‘‘(1) I N GENERAL .—Whoever engages in any conduct with
intent to convey false or misleading information under cir-cumstances where such information may reasonably be believedand where such information indicates that an activity hastaken, is taking, or will take place that would constitute aviolation of chapter 2, 10, 11B, 39, 40, 44, 111, or 113B ofthis title, section 236 of the Atomic Energy Act of 1954 (42U.S.C. 2284), or section 46502, the second sentence of section46504, section 46505(b)(3) or (c), section 46506 if homicideor attempted homicide is involved, or section 60123(b) of title49, shall—
‘‘(A) be fined under this title or imprisoned not more
than 5 years, or both;
‘‘(B) if serious bodily injury results, be fined under
this title or imprisoned not more than 20 years, or both;and
‘‘(C) if death results, be fined under this title or impris-
oned for any number of years up to life, or both.‘‘(2) A
RMED FORCES .—Any person who makes a false state-
ment, with intent to convey false or misleading information,about the death, injury, capture, or disappearance of a memberof the Armed Forces of the United States during a war orarmed conflict in which the United States is engaged—
‘‘(A) shall be fined under this title, imprisoned not
more than 5 years, or both;
‘‘(B) if serious bodily injury results, shall be fined under
this title, imprisoned not more than 20 years, or both;and
‘‘(C) if death results, shall be fined under this title,
imprisoned for any number of years or for life, or both.
‘‘(b) C
IVIL ACTION .—Whoever engages in any conduct with
intent to convey false or misleading information under cir-cumstances where such information may reasonably be believedand where such information indicates that an activity has taken,is taking, or will take place that would constitute a violation ofchapter 2, 10, 11B, 39, 40, 44, 111, or 113B of this title, section236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or section46502, the second sentence of section 46504, section 46505 (b)(3)or (c), section 46506 if homicide or attempted homicide is involved,
or section 60123(b) of title 49 is liable in a civil action to anyparty incurring expenses incident to any emergency or investigativeresponse to that conduct, for those expenses.
‘‘(c) R
EIMBURSEMENT .—
‘‘(1) I N GENERAL .—The court, in imposing a sentence on
a defendant who has been convicted of an offense under sub-section (a), shall order the defendant to reimburse any stateor local government, or private not-for-profit organization thatprovides fire or rescue service incurring expenses incident toany emergency or investigative response to that conduct, forthose expenses.
‘‘(2) L
IABILITY .—A person ordered to make reimbursement
under this subsection shall be jointly and severally liable forsuch expenses with each other person, if any, who is orderedto make reimbursement under this subsection for the sameexpenses.
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‘‘(3) C IVIL JUDGMENT .—An order of reimbursement under
this subsection shall, for the purposes of enforcement, be treatedas a civil judgment.‘‘(d) A
CTIVITIES OF LAWENFORCEMENT .—This section does not
prohibit any lawfully authorized investigative, protective, or intel-ligence activity of a law enforcement agency of the United States,a State, or political subdivision of a State, or of an intelligenceagency of the United States.’’.
(b) C
LERICAL AMENDMENT .—The table of sections as the begin-
ning of chapter 47 of title 18, United States Code, is amendedby adding after the item for section 1037 the following:
‘‘1038. False information and hoaxes.’’.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN
TERRORISM CASES.
(a) E NHANCED PENALTY .—Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United StatesCode, are amended by striking ‘‘be fined under this title or impris-oned not more than 5 years, or both’’ and inserting ‘‘be finedunder this title, imprisoned not more than 5 years or, if the offenseinvolves international or domestic terrorism (as defined in section2331), imprisoned not more than 8 years, or both’’.
(b) S
ENTENCING GUIDELINES .—Not later than 30 days of the
enactment of this section, the United States Sentencing Commissionshall amend the Sentencing Guidelines to provide for an increasedoffense level for an offense under sections 1001(a) and 1505 oftitle 18, United States Code, if the offense involves internationalor domestic terrorism, as defined in section 2331 of such title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended—
(1) in subsection (a), by striking ‘‘facility in’’ and inserting
‘‘facility of’’; and
(2) in subsection (b)(2), by inserting ‘‘or foreign’’ after ‘‘inter-
state’’.
Subtitle I—Weapons of Mass Destruction
Prohibition Improvement Act of 2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the ‘‘Weapons of Mass Destruction
Prohibition Improvement Act of 2004’’.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) E XPANSION OF JURISDICTIONAL BASES AND SCOPE .—Section
2332a of title 18, United States Code, is amended—
(1) so that paragraph (2) of subsection (a) reads as follows:‘‘(2) against any person or property within the United
States, and
‘‘(A) the mail or any facility of interstate or foreign
commerce is used in furtherance of the offense;
‘‘(B) such property is used in interstate or foreign com-
merce or in an activity that affects interstate or foreigncommerce;Weapons of MassDestructionProhibitionImprovement Actof 2004.18 USC 1 note.Deadline.
28 USC 994 note.
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‘‘(C) any perpetrator travels in or causes another to
travel in interstate or foreign commerce in furtheranceof the offense; or
‘‘(D) the offense, or the results of the offense, affect
interstate or foreign commerce, or, in the case of a threat,attempt, or conspiracy, would have affected interstate orforeign commerce;’’;(2) in paragraph (3) of subsection (a), by striking the comma
at the end and inserting ‘‘; or’’;
(3) in subsection (a), by adding the following at the end:‘‘(4) against any property within the United States that
is owned, leased, or used by a foreign government,’’;
(4) at the end of subsection (c)(1), by striking ‘‘and’’;(5) in subsection (c)(2), by striking the period at the end
and inserting ‘‘; and’’; and
(6) in subsection (c), by adding at the end the following:‘‘(3) the term ‘property’ includes all real and personal prop-
erty.’’.(b) R
ESTORATION OF THE COVERAGE OF CHEMICAL WEAPONS .—
Section 2332a of title 18, United States Code, as amended bysubsection (a), is further amended—
(1) in the section heading, by striking ‘‘certain’’;(2) in subsection (a), by striking ‘‘(other than a chemical
weapon as that term is defined in section 229F)’’; and
(3) in subsection (b), by striking ‘‘(other than a chemical
weapon (as that term is defined in section 229F))’’.(c) E
XPANSION OF CATEGORIES OF RESTRICTED PERSONS SUBJECT
TOPROHIBITIONS RELATING TO SELECT AGENTS .—Section 175b(d)(2)
of title 18, United States Code, is amended—
(1) in subparagraph (G) by—
(A) inserting ‘‘(i)’’ after ‘‘(G)’’;(B) inserting ‘‘, or (ii) acts for or on behalf of, or
operates subject to the direction or control of, a governmentor official of a country described in this subparagraph’’after ‘‘terrorism’’; and
(C) striking ‘‘or’’ after the semicolon.
(2) in subparagraph (H) by striking the period and inserting
‘‘; or’’; and
(3) by adding at the end the following new subparagraph:
‘‘(I) is a member of, acts for or on behalf of, or operates
subject to the direction or control of, a terrorist organizationas defined in section 212(a)(3)(B)(vi) of the Immigrationand Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).’’.
(d) C
ONFORMING AMENDMENT TO REGULATIONS .—
(1) Section 175b(a)(1) of title 18, United States Code, is
amended by striking ‘‘as a select agent in Appendix A’’ andall that follows and inserting the following: ‘‘as a non-overlapor overlap select biological agent or toxin in sections 73.4 and73.5 of title 42, Code of Federal Regulations, pursuant to section351A of the Public Health Service Act, and is not excludedunder sections 73.4 and 73.5 or exempted under section 73.6of title 42, Code of Federal Regulations.’’.
(2) The amendment made by paragraph (1) shall take effect
at the same time that sections 73.4, 73.5, and 73.6 of title42, Code of Federal Regulations, become effective.(e) E
NHANCING PROSECUTION OF WEAPONS OF MASSDESTRUC –
TION OFFENSES .—Section 1961(1)(B) of title 18, United States Code,Effective date.18 USC 175bnote.
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is amended by adding at the end the following: ‘‘sections 175–
178 (relating to biological weapons), sections 229–229F (relatingto chemical weapons), section 831 (relating to nuclear materials),’’.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS
DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42 U.S.C.
2077(b)) is amended by striking ‘‘in the production of any specialnuclear material’’ and inserting ‘‘or participate in the developmentor production of any special nuclear material’’.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) is amended—
(1) by inserting ‘‘, inside or outside of the United States,’’
after ‘‘for any person’’; and
(2) by inserting ‘‘participate in the development of,’’ after
‘‘interstate or foreign commerce,’’.(c) Title 18, United States Code, is amended—
(1) in the table of sections at the beginning of chapter
39, by inserting after the item relating to section 831 thefollowing:
‘‘832. Participation in nuclear and weapons of mass destruction threats to the
United States.’’;
(2) by inserting after section 831 the following:
‘‘§ 832. Participation in nuclear and weapons of mass destruc-
tion threats to the United States
‘‘(a) Whoever, within the United States or subject to the jurisdic-
tion of the United States, willfully participates in or knowinglyprovides material support or resources (as defined in section 2339A)to a nuclear weapons program or other weapons of mass destructionprogram of a foreign terrorist power, or attempts or conspiresto do so, shall be imprisoned for not more than 20 years.
‘‘(b) There is extraterritorial Federal jurisdiction over an offense
under this section.
‘‘(c) Whoever without lawful authority develops, possesses, or
attempts or conspires to develop or possess a radiological weapon,or threatens to use or uses a radiological weapon against anyperson within the United States, or a national of the United Stateswhile such national is outside of the United States or againstany property that is owned, leased, funded, or used by the UnitedStates, whether that property is within or outside of the UnitedStates, shall be imprisoned for any term of years or for life.
‘‘(d) As used in this section—
‘‘(1) ‘nuclear weapons program’ means a program or plan
for the development, acquisition, or production of any nuclearweapon or weapons;
‘‘(2) ‘weapons of mass destruction program’ means a pro-
gram or plan for the development, acquisition, or productionof any weapon or weapons of mass destruction (as definedin section 2332a(c));
‘‘(3) ‘foreign terrorist power’ means a terrorist organization
designated under section 219 of the Immigration and Nation-ality Act, or a state sponsor of terrorism designated undersection 6(j) of the Export Administration Act of 1979 or section620A of the Foreign Assistance Act of 1961; and
‘‘(4) ‘nuclear weapon’ means any weapon that contains or
uses nuclear material as defined in section 831(f)(1).’’; and
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(3) in section 2332b(g)(5)(B)(i), by inserting after ‘‘nuclear
materials),’’ the following: ‘‘832 (relating to participation innuclear and weapons of mass destruction threats to the UnitedStates)’’.
Subtitle J—Prevention of Terrorist Access
to Destructive Weapons Act of 2004
SEC. 6901. SHORT TITLE.
This subtitle may be cited as the ‘‘Prevention of Terrorist Access
to Destructive Weapons Act of 2004’’.
SEC. 6902. FINDINGS AND PURPOSE.
(a) F INDINGS .—Congress makes the following findings:
(1) The criminal use of man-portable air defense systems
(referred to in this section as ‘‘MANPADS’’) presents a seriousthreat to civil aviation worldwide, especially in the hands ofterrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release radi-
ation (commonly known as ‘‘dirty bombs’’) could be used byterrorists to inflict enormous loss of life and damage to propertyand the environment.
(3) Variola virus is the causative agent of smallpox, an
extremely serious, contagious, and sometimes fatal disease.Variola virus is classified as a Category A agent by the Centersfor Disease Control and Prevention, meaning that it is believedto pose the greatest potential threat for adverse public healthimpact and has a moderate to high potential for large-scaledissemination. The last case of smallpox in the United Stateswas in 1949. The last naturally occurring case in the worldwas in Somalia in 1977. Although smallpox has been officiallyeradicated after a successful worldwide vaccination program,there remain two official repositories of the variola virus forresearch purposes. Because it is so dangerous, the variola virusmay appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS,
atomic or radiological weapons, or the variola virus, againstthe United States, its allies, or its people, poses a grave riskto the security, foreign policy, economy, and environment ofthe United States. Accordingly, the United States has a compel-ling national security interest in preventing unlawful activitiesthat lead to the proliferation or spread of such items, includingtheir unauthorized production, construction, acquisition,transfer, possession, import, or export. All of these activitiesmarkedly increase the chances that such items will be obtainedby terrorist organizations or rogue states, which could usethem to attack the United States, its allies, or United Statesnationals or corporations.
(5) There is no legitimate reason for a private individual
or company, absent explicit government authorization, toproduce, construct, otherwise acquire, transfer, receive, possess,import, export, or use MANPADS, atomic or radiologicalweapons, or the variola virus.(b) P
URPOSE .—The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause widespreadharm to United States persons and the United States economy18 USC 175cnote.Prevention of
Terrorist Accessto DestructiveWeapons Act of2004.18 USC 1 note.
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(and that have no legitimate private use) and to threaten or harm
the national security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2332f the following:
‘‘§ 2332g. Missile systems designed to destroy aircraft
‘‘(a) U NLAWFUL CONDUCT .—
‘‘(1) I N GENERAL .—Except as provided in paragraph (3),
it shall be unlawful for any person to knowingly produce, con-struct, otherwise acquire, transfer directly or indirectly, receive,possess, import, export, or use, or possess and threaten touse—
‘‘(A) an explosive or incendiary rocket or missile that
is guided by any system designed to enable the rocketor missile to—
‘‘(i) seek or proceed toward energy radiated or
reflected from an aircraft or toward an image locatingan aircraft; or
‘‘(ii) otherwise direct or guide the rocket or missile
to an aircraft;‘‘(B) any device designed or intended to launch or guide
a rocket or missile described in subparagraph (A); or
‘‘(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a rocket,missile, or device described in subparagraph (A) or (B).‘‘(2) N
ONWEAPON .—Paragraph (1)(A) does not apply to any
device that is neither designed nor redesigned for use as aweapon.
‘‘(3) E
XCLUDED CONDUCT .—This subsection does not apply
with respect to—
‘‘(A) conduct by or under the authority of the United
States or any department or agency thereof or of a Stateor any department or agency thereof; or
‘‘(B) conduct pursuant to the terms of a contract with
the United States or any department or agency thereofor with a State or any department or agency thereof.
‘‘(b) J
URISDICTION .—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by anydepartment or agency of the United States, whether the prop-erty is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom juris-
diction exists under this subsection in committing an offenseunder this section or conspires with any person over whomjurisdiction exists under this subsection to commit an offenseunder this section.‘‘(c) C
RIMINAL PENALTIES .—
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‘‘(1) I N GENERAL .—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not morethan $2,000,000 and shall be sentenced to a term of imprison-ment not less than 25 years or to imprisonment for life.
‘‘(2) O
THER CIRCUMSTANCES .—Any person who, in the
course of a violation of subsection (a), uses, attempts or con-spires to use, or possesses and threatens to use, any itemor items described in subsection (a), shall be fined not morethan $2,000,000 and imprisoned for not less than 30 yearsor imprisoned for life.
‘‘(3) S
PECIAL CIRCUMSTANCES .—If the death of another
results from a person’s violation of subsection (a), the personshall be fined not more than $2,000,000 and punished byimprisonment for life.‘‘(d) D
EFINITION .—As used in this section, the term ‘aircraft’
has the definition set forth in section 40102(a)(6) of title 49, UnitedStates Code.’’.
SEC. 6904. ATOMIC WEAPONS.
(a) P ROHIBITIONS .—Section 92 of the Atomic Energy Act of
1954 (42 U.S.C. 2122) is amended—
(1) by inserting at the beginning ‘‘a.’’ before ‘‘It’’;(2) by inserting ‘‘knowingly’’ after ‘‘for any person to’’;(3) by striking ‘‘or’’ before ‘‘export’’;(4) by striking ‘‘transfer or receive in interstate or foreign
commerce,’’ before ‘‘manufacture’’;
(5) by inserting ‘‘receive,’’ after ‘‘acquire,’’;(6) by inserting ‘‘, or use, or possess and threaten to use,’’
before ‘‘any atomic weapon’’; and
(7) by inserting at the end the following:
‘‘b. Conduct prohibited by subsection a. is within the jurisdiction
of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce; the offense occurs outside of the United States andis committed by a national of the United States;
‘‘(2) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(3) the offense is committed against any property that
is owned, leased, or used by the United States or by anydepartment or agency of the United States, whether the prop-erty is within or outside the United States; or
‘‘(4) an offender aids or abets any person over whom juris-
diction exists under this subsection in committing an offenseunder this section or conspires with any person over whomjurisdiction exists under this subsection to commit an offenseunder this section.’’.(b) V
IOLATIONS .—Section 222 of the Atomic Energy Act of 1954
(42 U.S.C. 2272) is amended by—
(1) inserting at the beginning ‘‘a.’’ before ‘‘Whoever’’;(2) striking ‘‘, 92,’’; and(3) inserting at the end the following:
‘‘b. Any person who violates, or attempts or conspires to violate,
section 92 shall be fined not more than $2,000,000 and sentencedto a term of imprisonment not less than 25 years or to imprisonmentfor life. Any person who, in the course of a violation of section92, uses, attempts or conspires to use, or possesses and threatensto use, any atomic weapon shall be fined not more than $2,000,000
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and imprisoned for not less than 30 years or imprisoned for life.
If the death of another results from a person’s violation of section92, the person shall be fined not more than $2,000,000 and punishedby imprisonment for life.’’.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended
by adding after section 2332g the following:
‘‘§ 2332h. Radiological dispersal devices
‘‘(a) U NLAWFUL CONDUCT .—
‘‘(1) I N GENERAL .—Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, con-struct, otherwise acquire, transfer directly or indirectly, receive,possess, import, export, or use, or possess and threaten touse—
‘‘(A) any weapon that is designed or intended to release
radiation or radioactivity at a level dangerous to humanlife; or
‘‘(B) any device or other object that is capable of and
designed or intended to endanger human life through therelease of radiation or radioactivity.‘‘(2) E
XCEPTION .—This subsection does not apply with
respect to—
‘‘(A) conduct by or under the authority of the United
States or any department or agency thereof; or
‘‘(B) conduct pursuant to the terms of a contract with
the United States or any department or agency thereof.
‘‘(b) J URISDICTION .—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by anydepartment or agency of the United States, whether the prop-erty is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom juris-
diction exists under this subsection in committing an offenseunder this section or conspires with any person over whomjurisdiction exists under this subsection to commit an offenseunder this section.‘‘(c) C
RIMINAL PENALTIES .—
‘‘(1) I N GENERAL .—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not morethan $2,000,000 and shall be sentenced to a term of imprison-ment not less than 25 years or to imprisonment for life.
‘‘(2) O
THER CIRCUMSTANCES .—Any person who, in the
course of a violation of subsection (a), uses, attempts or con-spires to use, or possesses and threatens to use, any itemor items described in subsection (a), shall be fined not morethan $2,000,000 and imprisoned for not less than 30 yearsor imprisoned for life.
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‘‘(3) S PECIAL CIRCUMSTANCES .—If the death of another
results from a person’s violation of subsection (a), the personshall be fined not more than $2,000,000 and punished byimprisonment for life.’’.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by
inserting after section 175b the following:
‘‘§ 175c. Variola virus
‘‘(a) U NLAWFUL CONDUCT .—
‘‘(1) I N GENERAL .—Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, engi-neer, synthesize, acquire, transfer directly or indirectly, receive,possess, import, export, or use, or possess and threaten touse, variola virus.
‘‘(2) E
XCEPTION .—This subsection does not apply to conduct
by, or under the authority of, the Secretary of Health andHuman Services.‘‘(b) J
URISDICTION .—Conduct prohibited by subsection (a) is
within the jurisdiction of the United States if—
‘‘(1) the offense occurs in or affects interstate or foreign
commerce;
‘‘(2) the offense occurs outside of the United States and
is committed by a national of the United States;
‘‘(3) the offense is committed against a national of the
United States while the national is outside the United States;
‘‘(4) the offense is committed against any property that
is owned, leased, or used by the United States or by anydepartment or agency of the United States, whether the prop-erty is within or outside the United States; or
‘‘(5) an offender aids or abets any person over whom juris-
diction exists under this subsection in committing an offenseunder this section or conspires with any person over whomjurisdiction exists under this subsection to commit an offenseunder this section.‘‘(c) C
RIMINAL PENALTIES .—
‘‘(1) I N GENERAL .—Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not morethan $2,000,000 and shall be sentenced to a term of imprison-ment not less than 25 years or to imprisonment for life.
‘‘(2) O
THER CIRCUMSTANCES .—Any person who, in the
course of a violation of subsection (a), uses, attempts or con-spires to use, or possesses and threatens to use, any itemor items described in subsection (a), shall be fined not morethan $2,000,000 and imprisoned for not less than 30 yearsor imprisoned for life.
‘‘(3) S
PECIAL CIRCUMSTANCES .—If the death of another
results from a person’s violation of subsection (a), the personshall be fined not more than $2,000,000 and punished byimprisonment for life.‘‘(d) D
EFINITION .—As used in this section, the term ‘variola
virus’ means a virus that can cause human smallpox or any deriva-tive of the variola major virus that contains more than 85 percentof the gene sequence of the variola major virus or the variolaminor virus.’’.
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SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended—
(1) in paragraph (a), by inserting ‘‘2122 and’’ after ‘‘sec-
tions’’;
(2) in paragraph (c), by inserting ‘‘section 175c (relating
to variola virus),’’ after ‘‘section 175 (relating to biologicalweapons),’’; and
(3) in paragraph (q), by inserting ‘‘2332g, 2332h,’’ after
‘‘2332f,’’.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18,
UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is
amended—
(1) in clause (i)—
(A) by inserting before ‘‘2339 (relating to harboring
terrorists)’’ the following: ‘‘2332g (relating to missile sys-tems designed to destroy aircraft), 2332h (relating to radio-logical dispersal devices),’’; and
(B) by inserting ‘‘175c (relating to variola virus),’’ after
‘‘175 or 175b (relating to biological weapons),’’; and(2) in clause (ii)—
(A) by striking ‘‘section’’ and inserting ‘‘sections 92
(relating to prohibitions governing atomic weapons) or’’;and
(B) by inserting ‘‘2122 or’’ before ‘‘2284’’.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18,
UNITED STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is
amended—
(1) by inserting after ‘‘section 152 (relating to concealment
of assets; false oaths and claims; bribery),’’ the following: ‘‘sec-tion 175c (relating to the variola virus),’’;
(2) by inserting after ‘‘section 2332(b) (relating to inter-
national terrorist acts transcending national boundaries),’’ thefollowing: ‘‘section 2332g (relating to missile systems designedto destroy aircraft), section 2332h (relating to radiological dis-persal devices),’’; and
(3) striking ‘‘or’’ after ‘‘any felony violation of the Foreign
Agents Registration Act of 1938,’’ and after ‘‘any felony violationof the Foreign Corrupt Practices Act’’, striking ‘‘;’’ and inserting‘‘, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C.2122) (relating to prohibitions governing atomic weapons)’’.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C.
2778) is amended—
(1) by striking ‘‘or’’ before ‘‘(xi)’’; and(2) by inserting after clause (xi) the following: ‘‘or (xii)
section 3, 4, 5, and 6 of the Prevention of Terrorist Access
to Destructive Weapons Act of 2004, relating to missile systemsdesigned to destroy aircraft (18 U.S.C. 2332g), prohibitionsgoverning atomic weapons (42 U.S.C. 2122), radiological dis-persal devices (18 U.S.C. 2332h), and variola virus (18 U.S.C.175b);’’.
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SEC. 6911. CLERICAL AMENDMENTS.
(a) C HAPTER 113B.—The table of sections for chapter 113B
of title 18, United States Code, is amended by inserting the fol-lowing after the item for section 2332f:
‘‘2332g. Missile systems designed to destroy aircraft.
‘‘2332h. Radiological dispersal devices.’’.
(b) C HAPTER 10.—The table of sections for chapter 10 of title
18, United States Code, is amended by inserting the followingitem after the item for section 175b:
‘‘175c. Variola virus.’’.
Subtitle K—Pretrial Detention of
Terrorists
SEC. 6951. SHORT TITLE.
This subtitle may be cited as the ‘‘Pretrial Detention of Terror-
ists Act of 2004’’.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES
INVOLVING TERRORISM.
Section 3142 of title 18, United States Code, is amended—
(1) in subsection (e)—
(A) by inserting ‘‘or’’ before ‘‘the Maritime’’; and(B) by inserting ‘‘or an offense listed in section
2332b(g)(5)(B) of title 18, United States Code, for whicha maximum term of imprisonment of 10 years or moreis prescribed’’ after ‘‘or 2332b of this title,’’; and(2) in subsections (f)(1)(A) and (g)(1), by inserting ‘‘, or
an offense listed in section 2332b(g)(5)(B) for which a maximumterm of imprisonment of 10 years or more is prescribed’’ after‘‘violence’’ each place such term appears.
TITLE VII—IMPLEMENTATION OF 9/11
COMMISSION RECOMMENDATIONS
SEC. 7001. SHORT TITLE.
This title may be cited as the ‘‘9/11 Commission Implementation
Act of 2004’’.
Subtitle A—Diplomacy, Foreign Aid, and
the Military in the War on Terrorism
SEC. 7101. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes thefollowing findings:
(1) Long-term success in the war on terrorism demands
the use of all elements of national power, including diplomacy,military action, intelligence, covert action, law enforcement,economic policy, foreign aid, public diplomacy, and homelanddefense.22 USC 2656note.6 USC 101 note.9/11 Commission
ImplementationAct of 2004.18 USC 3141
note.Pretrial
Detention ofTerrorists Act of2004.
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(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same stra-tegic priority that is assigned to military capabilities.
(3) The legislative and executive branches of the Govern-
ment of the United States must commit to robust, long-terminvestments in all of the tools necessary for the foreign policyof the United States to successfully accomplish the goals ofthe United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs pro-grams in general, and to priority areas as described in thistitle in particular.
SEC. 7102. TERRORIST SANCTUARIES.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Complex terrorist operations require locations that pro-
vide such operations sanctuary from interference by Govern-ment 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 participatedin the terrorist attacks on the United States on September11, 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 sanc-tuary.
(5) During the 21st century, terrorists are often focusing
on remote regions and failing states as locations to seek sanc-tuary.(b) S
ENSE OF CONGRESS ON UNITED STATES POLICY ON TER-
RORIST SANCTUARIES .—It is the sense of Congress that it should
be the policy of the United States—
(1) to identify foreign countries that are being used as
terrorist sanctuaries;
(2) to assess current United States resources and tools
being used to assist foreign governments to eliminate suchsanctuaries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as sanc-tuaries; and
(4) to work in bilateral and multilateral fora to elicit the
cooperation needed to identify and address terrorist sanctuariesthat may exist today, but, so far, remain unknown to govern-ments.(c) A
MENDMENTS TO EXISTING LAWTOINCLUDE TERRORIST
SANCTUARIES .—
(1) I N GENERAL .—Section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)) is amended—
(A) by redesignating paragraph (5) as paragraph (6);
and
(B) by inserting after paragraph (4) the following:
‘‘(5)(A) As used in paragraph (1), the term ‘repeatedly pro-
vided support for acts of international terrorism’ shall include22 USC 2656f
note.
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the recurring use of any part of the territory of the country
as a sanctuary for terrorists or terrorist organizations.
‘‘(B) In this paragraph—
‘‘(i) the term ‘territory of a country’ means the land,
waters, and airspace of the country; and
‘‘(ii) the term ‘sanctuary’ means an area in the territory
of a country—
‘‘(I) that is used by a terrorist or terrorist
organization—
‘‘(aa) to carry out terrorist activities, including
training, financing, and recruitment; or
‘‘(bb) as a transit point; and
‘‘(II) the government of which expressly consents
to, or with knowledge, allows, tolerates, or disregardssuch use of its territory.’’.
(2) R
ULE OF CONSTRUCTION .—Nothing in this subsection
or the amendments made by this subsection shall be construedas affecting any determination made by the Secretary of Statepursuant to section 6(j) of the Export Administration Act of1979 with respect to a country prior to the date of enactmentof this Act.
(3) I
MPLEMENTATION .—The President shall implement the
amendments made by paragraph (1) by exercising the authori-ties of the President under the International Emergency Eco-nomic Powers Act (50 U.S.C. 1701 et seq.).(d) A
MENDMENTS TO GLOBAL PATTERNS OF TERRORISM
REPORT .—
(1) I N GENERAL .—Section 140(a)(1) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.2656f(a)(1)) is amended—
(A) by striking ‘‘(1)’’ and inserting ‘‘(1)(A)’’;(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by
adding ‘‘and’’ at the end; and
(D) by adding at the end the following:‘‘(B) detailed assessments with respect to each foreign
country whose territory is being used as a sanctuary forterrorists or terrorist organizations;’’.(2) C
ONTENTS .—Section 140(b) of such Act (22 U.S.C.
2656f(b)) is amended—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A), by
striking ‘‘subsection (a)(1)’’ and inserting ‘‘subsection(a)(1)(A)’’; and
(ii) by striking ‘‘and’’ at the end;
(B) by redesignating paragraph (2) as paragraph (3);(C) by inserting after paragraph (1) the following:
‘‘(2) with respect to subsection (a)(1)(B)—
‘‘(A) the extent of knowledge by the government of
the country with respect to terrorist activities in the terri-tory of the country; and
‘‘(B) the actions by the country—
‘‘(i) to eliminate each terrorist sanctuary in the
territory of the country;
‘‘(ii) to cooperate with United States antiterrorism
efforts; andPresident.50 USC app.2405 note.50 USC app.
2405 note.
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‘‘(iii) to prevent the proliferation of and trafficking
in weapons of mass destruction in and through theterritory of the country;’’;(D) in paragraph (3), as redesignated, by striking the
period at the end and inserting a semicolon; and
(E) by inserting after paragraph (3) the following:
‘‘(4) a strategy for addressing, and where possible elimi-
nating, terrorist sanctuaries that shall include—
‘‘(A) a description of terrorist sanctuaries, together with
an assessment of the priorities of addressing and elimi-nating such sanctuaries;
‘‘(B) an outline of strategies for disrupting or elimi-
nating the security provided to terrorists by such sanc-tuaries;
‘‘(C) a description of efforts by the United States to
work with other countries in bilateral and multilateralfora to address or eliminate terrorist sanctuaries and dis-rupt or eliminate the security provided to terrorists bysuch sanctuaries; and
‘‘(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formationof terrorist sanctuaries; and‘‘(5) an update of the information contained in the report
required to be transmitted to Congress under 7120(b) of the9/11 Commission Implementation Act of 2004.’’.
(3) D
EFINITIONS .—Section 140(d) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.2656f(d)) is amended—
(A) in paragraph (2), by striking ‘‘and’’ at the end;(B) in paragraph (3), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(4) the terms ‘territory’ and ‘territory of the country’ mean
the land, waters, and airspace of the country; and
‘‘(5) the terms ‘terrorist sanctuary’ and ‘sanctuary’ mean
an area in the territory of the country—
‘‘(A) that is used by a terrorist or terrorist
organization—
‘‘(i) to carry out terrorist activities, including
training, fundraising, financing, and recruitment; or
‘‘(ii) as a transit point; and
‘‘(B) the government of which expressly consents to,
or with knowledge, allows, tolerates, or disregards suchuse of its territory and is not subject to a determinationunder—
‘‘(i) section 6(j)(1)(A) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));
‘‘(ii) section 620A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371(a)); or
‘‘(iii) section 40(d) of the Arms Export Control Act
(22 U.S.C. 2780(d)).’’.
(4) E
FFECTIVE DATE .—The amendments made by this sub-
section apply with respect to the report required to be trans-mitted under section 140 of the Foreign Relations AuthorizationAct, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), by April30, 2006, and by April 30 of each subsequent year.22 USC 2656f
note.
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SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKI-
STAN.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) The Government of Pakistan has a critical role to per-
form in the struggle against terrorism.
(2) Due to its location, topography, social conditions, and
other factors, Pakistan can be attractive to extremists seekingrefuge or opportunities to recruit or train, or a place fromwhich to operate against Coalition Forces in Afghanistan.
(3) A stable Pakistan, with a moderate, responsible govern-
ment that serves as a voice of tolerance in the Muslim world,is critical to stability in the region.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that
the United States should—
(1) help to ensure a promising, stable, and secure future
for Pakistan over the long term;
(2) provide a comprehensive program of assistance to
encourage and enable Pakistan—
(A) to continue and improve upon its commitment to
combating extremists;
(B) to seek to resolve any outstanding difficulties with
its neighbors and other countries in its region;
(C) to continue to make efforts to fully control its
territory and borders;
(D) to progress toward becoming a more effective and
participatory democracy;
(E) to participate more vigorously in the global market-
place and to continue to modernize its economy;
(F) to take all necessary steps to halt the spread of
weapons of mass destruction;
(G) to improve and expand access to education for
all citizens; and
(H) to increase the number and level of exchanges
between the Pakistani people and the American people;and(3) continue to provide assistance to Pakistan at not less
than the overall levels requested by the President for fiscalyear 2005.(c) E
XTENSION OF PAKISTAN WAIVERS .—The Act entitled ‘‘An
Act to authorize the President to exercise waivers of foreign assist-ance restrictions with respect to Pakistan through September 30,2003, and for other purposes’’, approved October 27, 2001 (PublicLaw 107–57; 115 Stat. 403), as amended by section 2213 of theEmergency Supplemental Appropriations Act for Defense and forthe Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108–106; 117 Stat. 1232), is further amended—
(1) in section 1(b)—
(A) in the heading, by striking ‘‘F
ISCAL YEAR 2004’’
and inserting ‘‘F ISCAL YEARS 2005 and 2006’’; and
(B) in paragraph (1), by striking ‘‘2004’’ and inserting
‘‘2005 or 2006’’;(2) in section 3(2), by striking ‘‘and 2004,’’ and inserting
‘‘2004, 2005, and 2006’’; and
(3) in section 6, by striking ‘‘2004’’ and inserting ‘‘2006’’.
115 Stat. 405.115 Stat. 404.115 Stat. 403.
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SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) S HORT TITLE.—This section may be cited as the ‘‘Afghani-
stan Freedom Support Act Amendments of 2004’’.
(b) C OORDINATION OF ASSISTANCE .—
(1) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Con-gress makes the following findings:
(A) The United States and its allies in the international
community have made progress in promoting economic andpolitical reform within Afghanistan, including theestablishment of a central government with a democraticconstitution, a new currency, and a new army, the increaseof personal freedom, and the elevation of the standardof living of many Afghans.
(B) A number of significant obstacles must be overcome
if Afghanistan is to become a secure and prosperous democ-racy, and such a transition depends in particular upon—
(i) improving security throughout the country;(ii) disarming and demobilizing militias;(iii) curtailing the rule of the warlords;(iv) promoting equitable economic development;(v) protecting the human rights of the people of
Afghanistan;
(vi) continuing to hold elections for public officials;
and
(vii) ending the cultivation, production, and traf-
ficking of narcotics.(C) The United States and the international community
must make a long-term commitment to addressing theunstable security situation in Afghanistan and the bur-geoning narcotics trade, endemic poverty, and other seriousproblems in Afghanistan in order to prevent that countryfrom relapsing into a sanctuary for international terrorism.(2) S
ENSE OF CONGRESS .—It is the sense of Congress that
the United States Government should take, with respect toAfghanistan, the following actions:
(A) Work with other nations to obtain long-term secu-
rity, political, and financial commitments and fulfillmentof pledges to the Government of Afghanistan to accomplishthe objectives of the Afghanistan Freedom Support Actof 2002 (22 U.S.C. 7501 et seq.), especially to ensure asecure, democratic, and prosperous Afghanistan thatrespects the rights of its citizens and is free of internationalterrorist organizations.
(B) Use the voice and vote of the United States in
relevant international organizations, including the NorthAtlantic Treaty Organization and the United Nations Secu-rity Council, to strengthen international commitments toassist the Government of Afghanistan in enhancing secu-rity, building national police and military forces, increasingcounter-narcotics efforts, and expanding infrastructure andpublic services throughout the country.
(C) Take appropriate steps to increase the assistance
provided under programs of the Department of State andthe United States Agency for International Developmentthroughout Afghanistan and to increase the number ofAfghanistan
Freedom SupportAct Amendmentsof 2004.22 USC 7501note.22 USC 7511note.
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personnel of those agencies in Afghanistan as necessary
to support the increased assistance.
(c) C OORDINATOR FOR ASSISTANCE .—
(1) F INDINGS .—Congress makes the following findings:
(A) The Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized theprovision of United States assistance to Afghanistan forbeing too inflexible.
(B) The Afghanistan Freedom Support Act of 2002
(22 U.S.C. 7501 et seq.) contains provisions that providefor flexibility in the provision of assistance for Afghanistanand are not subject to the requirements of typical foreignassistance programs and provide for the designation ofa coordinator to oversee United States assistance forAfghanistan.(2) D
ESIGNATION OF COORDINATOR .—Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a))is amended in the matter preceding paragraph (1) by striking‘‘is strongly urged to’’ and inserting ‘‘shall’’.(d) A
SSISTANCE PLAN; INTERNATIONAL COORDINATION .—Section
104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.7514) is amended by adding at the end the following:
‘‘(c) A
SSISTANCE PLAN.—
‘‘(1) S UBMISSION TO CONGRESS .—The coordinator designated
under subsection (a) shall annually submit the Afghanistanassistance plan of the Administration to—
‘‘(A) the Committee on Foreign Relations of the Senate;‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.‘‘(2) C
ONTENTS .—The assistance plan submitted under
paragraph (1) shall describe—
‘‘(A) how the plan relates to the strategy provided
pursuant to section 304; and
‘‘(B) how the plan builds upon United States assistance
provided to Afghanistan since 2001.
‘‘(d) C OORDINATION WITHINTERNATIONAL COMMUNITY .—
‘‘(1) I N GENERAL .—The coordinator designated under sub-
section (a) shall work with the international community andthe Government of Afghanistan to ensure that assistance toAfghanistan is implemented in a coherent, consistent, and effi-cient manner to prevent duplication and waste.
‘‘(2) I
NTERNATIONAL FINANCIAL INSTITUTIONS .—The coordi-
nator designated under subsection (a), under the direction ofthe Secretary of State, shall work through the Secretary ofthe Treasury and the United States Executive Directors atthe international financial institutions (as defined in section1701(c)(2) of the International Financial Institutions Act (22U.S.C. 262r(c)(2))) to coordinate United States assistance forAfghanistan with international financial institutions.(e) G
ENERAL PROVISIONS RELATING TO THE AFGHANISTAN
FREEDOM SUPPORT ACT OF 2002.—
(1) A SSISTANCE TO PROMOTE ECONOMIC , POLITICAL AND
SOCIAL DEVELOPMENT .—Deadlines.22 USC 7514
note.
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(A) D ECLARATION OF POLICY .—Congress reaffirms the
authorities contained in title I of the Afghanistan FreedomSupport Act of 2002 (22 U.S.C. 7501 et seq.), relatingto economic and democratic development assistance forAfghanistan.
(B) P
ROVISION OF ASSISTANCE .—Section 103(a) of such
Act (22 U.S.C. 7513(a)) is amended in the matter precedingparagraph (1) by striking ‘‘section 512 of Public Law 107–115 or any other similar’’ and inserting ‘‘any other’’.(2) D
ECLARATIONS OF GENERAL POLICY .—Congress makes
the following declarations:
(A) The United States reaffirms the support that it
and other countries expressed for the report entitled‘‘Securing Afghanistan’s Future’’ in their Berlin Declarationof April 2004. The United States should help enable thegrowth needed to create an economically sustainableAfghanistan capable of the poverty reduction and socialdevelopment foreseen in the report.
(B) The United States supports the parliamentary elec-
tions to be held in Afghanistan by April 2005 and willhelp ensure that such elections are not undermined,including by warlords or narcotics traffickers.
(C) The United States continues to urge North Atlantic
Treaty Organization members and other friendly countriesto make much greater military contributions towardsecuring the peace in Afghanistan.(3) F
ORM OF REPORTS .—Section 304 of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7554) is amended—
(A) by striking ‘‘The Secretary’’ and inserting the fol-
lowing:
‘‘(a) I NGENERAL .—The Secretary’’;
(B) by striking ‘‘The first report’’ and inserting the
following:
‘‘(b) D EADLINE FOR SUBMISSION .—The first report’’; and
(C) by adding at the end the following:
‘‘(c) F ORM OF REPORTS .—Any report or other matter that is
required to be submitted to Congress (including a committee ofCongress) by this Act may contain a classified annex.’’.
(4) L
ONG-TERM STRATEGY .—
(A) S TRATEGY .—Title III of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7551 et seq.) is amendedby adding at the end the following:
‘‘SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANI-
STAN.
‘‘(a) S TRATEGY .—
‘‘(1) I N GENERAL .—Not later than 180 days after the date
of enactment of this section, the President shall formulatea 5-year strategy for Afghanistan and submit such strategyto—
‘‘(A) the Committee on Foreign Relations of the Senate;‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.Deadline.President.22 USC 7555.22 USC 7511
note.22 USC 7513
note.
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‘‘(2) C ONTENTS .—The strategy formulated under paragraph
(1) shall include specific and measurable goals for addressingthe long-term development and security needs of Afghanistan,including sectors such as agriculture and irrigation, parliamen-tary and democratic development, the judicial system and ruleof law, human rights, education, health, telecommunications,electricity, women’s rights, counternarcotics, police, border secu-rity, anti-corruption, and other law-enforcement activities, aswell as the anticipated costs and time frames associated withachieving those goals.‘‘(b) M
ONITORING .—
‘‘(1) A NNUAL REPORT .—The President shall transmit on an
annual basis through 2010 a report describing the progressmade toward the implementation of the strategy required bysubsection (a) and any changes to the strategy since the dateof the submission of the last report to—
‘‘(A) the Committee on Foreign Relations of the Senate;‘‘(B) the Committee on International Relations of the
House of Representatives;
‘‘(C) the Committee on Appropriations of the Senate;
and
‘‘(D) the Committee on Appropriations of the House
of Representatives.’’.
(B) C
LERICAL AMENDMENT .—The table of contents for
such Act (22 U.S.C. 7501 note) is amended by addingafter the item relating to section 303 the following newitem:
‘‘Sec. 305. Formulation of long-term strategy for Afghanistan.’’.
(f) E DUCATION , THE RULE OF LAW, AND RELATED ISSUES .—
(1) D ECLARATION OF POLICY .—Congress declares that,
although Afghanistan has adopted a new constitution and madeprogress on primary education, the United States must investin a concerted effort in Afghanistan to improve the rule oflaw, good governance, and effective policing, to accelerate workon secondary and university education systems, and to establishnew initiatives to increase the capacity of civil society.
(2) A
MENDMENT .—Section 103(a)(5) of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amendedto read as follows:
‘‘(5) E
DUCATION , THE RULE OF LAW , AND RELATED ISSUES .—
‘‘(A) E DUCATION .—To assist in the development of the
capacity of the Government of Afghanistan to provide edu-cation to the people of Afghanistan, including assistancesuch as—
‘‘(i) support for an educated citizenry through
improved access to basic education, with particularemphasis on basic education for children, especiallyorphans;
‘‘(ii) programs to enable the Government of
Afghanistan to recruit and train teachers, with specialfocus on the recruitment and training of femaleteachers;
‘‘(iii) programs to enable the Government of
Afghanistan to develop school curricula that incor-porate relevant information such as landmine aware-ness, food security and agricultural education, civic22 USC 7513note.President.
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education, and human rights education, including edu-
cation relating to religious freedom;
‘‘(iv) programs to construct, renovate, or rebuild,
and to equip and provide teacher training, for primaryschools, secondary schools, and universities; and
‘‘(v) programs to increase educational exchanges
and partnerships between the United States andAfghanistan.‘‘(B) R
ULE OF LAW .—To assist in the development of
the rule of law and good governance and reduced corruptionin Afghanistan, including assistance such as—
‘‘(i) support for the activities of the Government
of Afghanistan to implement its constitution, to developmodern legal codes and court rules, to provide forthe creation of legal assistance programs, and otherinitiatives to promote the rule of law in Afghanistan;
‘‘(ii) support for improvements in the capacity and
physical infrastructure of the justice system inAfghanistan, such as for professional training(including for women) to improve the administrationof justice, for programs to enhance prosecutorial andjudicial capabilities and to protect participants injudicial cases, for improvements in the instruction oflaw enforcement personnel (including human rightstraining), and for the promotion of civilian police rolesthat support democracy;
‘‘(iii) support for rehabilitation and rebuilding of
courthouses and detention facilities;
‘‘(iv) support for the effective administration of
justice at the national, regional, and local levels,including programs to improve penal institutions andthe rehabilitation of prisoners, and to establish aresponsible and community-based police force;
‘‘(v) support to increase the transparency, account-
ability, and participatory nature of governmentalinstitutions, including programs designed to combatcorruption and other programs for the promotion ofgood governance, such as the development of regula-tions relating to financial disclosure for public officials,political parties, and candidates for public office, andtransparent budgeting processes and financial manage-ment systems;
‘‘(vi) support for establishment of a central bank
and central budgeting authority;
‘‘(vii) support for international organizations that
provide civil advisers to the Government of Afghani-
stan; and
‘‘(viii) support for Afghan and international efforts
to investigate human rights atrocities committed inAfghanistan by the Taliban regime, opponents of suchregime, and terrorist groups operating in Afghanistan,including the collection of forensic evidence relatingto such atrocities.‘‘(C) C
IVIL SOCIETY AND DEMOCRACY .—To support the
development of democratic institutions in Afghanistan,including assistance for—
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‘‘(i) international monitoring and observing of, and
the promotion of, free and fair elections;
‘‘(ii) strengthening democratic political parties;‘‘(iii) international exchanges and professional
training for members or officials of government, polit-ical, and civic or other nongovernmental entities;
‘‘(iv) national, regional, and local elections and
political party development;
‘‘(v) an independent media;‘‘(vi) programs that support the expanded partici-
pation of women and members of all ethnic groupsin government at national, regional, and local levels;and
‘‘(vii) programs to strengthen civil society organiza-
tions that promote human rights, including religiousfreedom, freedom of expression, and freedom of associa-tion, and support human rights monitoring.‘‘(D) P
ROTECTION OF SITES .—To provide for the protec-
tion of Afghanistan’s culture, history, and national identity,including the rehabilitation of Afghanistan’s museums andsites of cultural significance.’’.(3) C
ONFORMING AMENDMENT .—Section 103(a)(4) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4))is amended—
(A) in subparagraph (K), by striking ‘‘and’’ at the end;(B) in subparagraph (L), by striking the period at the
end and inserting ‘‘; and’’; and
(C) by adding at the end the following:‘‘(M) assistance in identifying and surveying key road
and rail routes that are essential for economic renewalin Afghanistan and the region and support for theestablishment of a customs service and training for customsofficers.’’.
(g) M
ONITORING OF ASSISTANCE FOR AFGHANISTAN .—Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513),is amended by adding at the end the following:
‘‘(d) M
ONITORING OF ASSISTANCE FOR AFGHANISTAN .—
‘‘(1) R EPORT .—
‘‘(A) I N GENERAL .—The Secretary of State, in consulta-
tion with the Administrator for the United States Agencyfor International Development, shall submit to the Com-mittee on Foreign Relations of the Senate and the Com-mittee on International Relations of the House of Rep-resentatives a report on the obligations of United Statesassistance for Afghanistan from all United States Govern-ment departments and agencies.
‘‘(B) C
ONTENTS .—Each such report shall set forth, for
the preceding annual period and cumulatively, a descrip-tion of—
‘‘(i) the activities and the purposes for which funds
were obligated;
‘‘(ii) the source of the funds stated specifically by
fiscal year, agency, and program;
‘‘(iii) the participation of each United States
Government department or agency; and
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‘‘(iv) such other information as the Secretary con-
siders appropriate to fully inform Congress on suchmatters.‘‘(C) A
DDITIONAL REQUIREMENTS .—The first report sub-
mitted under this paragraph shall include a cumulativeaccount of information described in subparagraph (B) fromall prior periods beginning with fiscal year 2001. The firstreport under this paragraph shall be submitted not laterthan March 15, 2005. Subsequent reports shall be sub-mitted every 12 months thereafter and may be includedin the report required under section 206(c)(2).‘‘(2) S
UBMISSION OF INFORMATION FOR REPORT .—The head
of each United States Government agency referred to in para-graph (1) shall provide on a timely basis to the Secretaryof State such information as the Secretary may reasonablyrequire to allow the Secretary to prepare and submit the reportrequired under paragraph (1).’’.(h) U
NITED STATES POLICY TOSUPPORT DISARMAMENT OF PRI-
VATE MILITIAS AND EXPANSION OF INTERNATIONAL PEACEKEEPING
AND SECURITY OPERATIONS IN AFGHANISTAN .—
(1) U NITED STATES POLICY RELATING TO DISARMAMENT OF
PRIVATE MILITIAS .—
(A) I N GENERAL .—It shall be the policy of the United
States to take immediate steps to provide active supportfor the disarmament, demobilization, and reintegration ofarmed soldiers, particularly child soldiers, in Afghanistan,in close consultation with the President of Afghanistan.
(B) R
EPORT .—The report required under section
206(c)(2) of the Afghanistan Freedom Support Act of 2002(22 U.S.C. 7536(c)(2)) shall include a description of theprogress to implement paragraph (1).(2) I
NTERNATIONAL PEACEKEEPING AND SECURITY OPER –
ATIONS .—Section 206 of such Act (22 U.S.C. 7536) is amended
by adding at the end the following:‘‘(e) U
NITED STATES POLICY RELATING TOINTERNATIONAL
PEACEKEEPING AND SECURITY OPERATIONS .—It shall be the policy
of the United States to make every effort to support the expansionof international peacekeeping and security operations in Afghani-stan in order to—
‘‘(1) increase the area in which security is provided and
undertake vital tasks related to promoting security, such asdisarming warlords, militias, and irregulars, and disruptingopium production; and
‘‘(2) safeguard highways in order to allow the free flow
of commerce and to allow material assistance to the peopleof Afghanistan, and aid personnel in Afghanistan, to move
more freely.’’.(i) E
FFORTS TOEXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN .—Section 206(d)(1) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1))is amended to read as follows:
‘‘(1) E
FFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN .—
‘‘(A) E FFORTS .—The President shall encourage, and,
as authorized by law, enable other countries to activelyparticipate in expanded international peacekeeping andPresident.22 USC 7536
note.
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security operations in Afghanistan, especially through the
provision of military personnel for extended periods of time.
‘‘(B) R EPORTS .—The President shall prepare and
transmit a report on the efforts carried out pursuant tosubparagraph (A) to the Committee on Foreign Relationsof the Senate and the Committee on International Relationsof the House of Representatives. The first report underthis subparagraph shall be transmitted not later than 60days after the date of the enactment of the AfghanistanFreedom Support Act Amendments of 2004 and subsequentreports shall be transmitted every 6 months thereafterand may be included in the report required by subsection(c)(2).’’.
(j) P
ROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN
AFGHANISTAN .—
(1) A UTHORIZATION OF ASSISTANCE .—Section 103(a)(3)(A)
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.7513(a)(3)(A)) is amended—
(A) in clause (i), by striking ‘‘establish crop substitution
programs,’’ and inserting ‘‘promote alternatives to poppycultivation, including the introduction of high value cropsthat are suitable for export and the provision of appropriatetechnical assistance and credit mechanisms for farmers,’’;
(B) in clause (ii), by inserting before the semicolon
at the end the following: ‘‘, and to create special counter-narcotics courts, prosecutors, and places of incarceration’’;
(C) in clause (iii), by inserting before the semicolon
at the end the following: ‘‘, in particular, notwithstandingsection 660 of the Foreign Assistance Act of 1961 (22 U.S.C.2420), by providing non-lethal equipment, training(including training in internationally recognized standardsof human rights, the rule of law, anti-corruption, and thepromotion of civilian police roles that support democracy),and payments, during fiscal years 2005 through 2008, forsalaries for special counternarcotics police and supportingunits’’;
(D) in clause (iv), by striking ‘‘and’’ at the end;(E) in clause (v), by striking the period at the end
and inserting ‘‘; and’’; and
(F) by adding after clause (v) the following:
‘‘(vi) assist the Afghan National Army with respect
to any of the activities under this paragraph.’’.
(2) S
ENSE OF CONGRESS AND REPORT .—Title II of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531et seq.) is amended—
(A) by redesignating sections 207 and 208 as sections
208 and 209, respectively; and
(B) by inserting after section 206 the following:
‘‘SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-
DRUG EFFORTS IN AFGHANISTAN.
‘‘(a) S ENSE OF CONGRESS .—It is the sense of Congress that—
‘‘(1) the President should make the substantial reduction
of illegal drug production and trafficking in Afghanistan apriority in the Global War on Terrorism;
‘‘(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal22 USC 7536a.22 USC 7537,
7538.
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agencies, should expand cooperation with the Government of
Afghanistan and international organizations involved incounter-drug activities to assist in providing a secure environ-ment for counter-drug personnel in Afghanistan; and
‘‘(3) the United States, in conjunction with the Government
of Afghanistan and coalition partners, should undertake addi-tional efforts to reduce illegal drug trafficking and relatedactivities that provide financial support for terrorist organiza-tions in Afghanistan and neighboring countries.‘‘(b) R
EPORT REQUIRED .—(1) The Secretary of Defense and the
Secretary of State shall jointly prepare a report that describes—
‘‘(A) the progress made toward substantially reducing poppy
cultivation and heroin production capabilities in Afghanistan;and
‘‘(B) the extent to which profits from illegal drug activity
in Afghanistan are used to financially support terroristorganizations and groups seeking to undermine the Governmentof Afghanistan.‘‘(2) The report required by this subsection shall be submitted
to Congress not later than 120 days after the date of the enactmentof the 9/11 Recommendations Implementation Act.’’.
(3) C
LERICAL AMENDMENT .—The table of contents for such
Act (22 U.S.C. 7501 note) is amended by striking the itemsrelating to sections 207 and 208 and inserting the following:
‘‘Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghani-
stan.
‘‘Sec. 208. Relationship to other authority.‘‘Sec. 209. Authorization of appropriations.’’.
(k) A DDITIONAL AMENDMENTS TO AFGHANISTAN FREEDOM SUP-
PORT ACT OF 2002.—
(1) E XTENSION OF REPORTS ON IMPLEMENTATION OF
STRATEGY .—Section 206(c)(2) of the Afghanistan Freedom Sup-
port Act of 2002 (22 U.S.C. 7536(c)(2)) is amended in thematter preceding subparagraph (A) by striking ‘‘2007’’ andinserting ‘‘2010’’.
(2) T
ECHNICAL AMENDMENT .—Section 103(a)(7)(A)(xii) of
such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking‘‘National’’ and inserting ‘‘Afghan Independent’’.(l) R
EPEAL OF PROHIBITION ON ASSISTANCE .—Section 620D of
the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating toprohibition on assistance to Afghanistan) is repealed.
(m) A
UTHORIZATION OF APPROPRIATIONS .—Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a))is amended by striking ‘‘$1,825,000,000 for fiscal year 2004’’ andall that follows and inserting ‘‘such sums as may be necessaryfor each of the fiscal years 2005 and 2006.’’.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND
SAUDI ARABIA.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Despite a long history of friendly relations with the
United States, there have been problems in cooperation betweenthe United States and Saudi Arabia.
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(2) The Government of Saudi Arabia has not always
responded promptly or fully to United States requests for assist-ance in the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all
it can to prevent financial or other support from being providedto, or reaching, extremist organizations in Saudi Arabia orother countries.
(4) Counterterrorism cooperation between the Governments
of the United States and Saudi Arabia has improved signifi-cantly since the terrorist bombing attacks in Riyadh, SaudiArabia, on May 12, 2003, and the Government of Saudi Arabiais now pursuing al Qaeda and other terror groups operatinginside Saudi Arabia.
(5) The United States must enhance its cooperation and
strong relationship with Saudi Arabia based upon a sharedand public commitment to political and economic reform,greater tolerance and respect for religious and cultural diversityand joint efforts to prevent funding for and support of extremistorganizations in Saudi Arabia and elsewhere.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that
there should be a more robust dialogue between the people andGovernment of the United States and the people and Governmentof Saudi Arabia in order to improve the relationship between theUnited States and Saudi Arabia.
SEC. 7106. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes 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 stereotypesand caricatures.
(2) Local newspapers in countries with predominantly
Muslim populations and influential broadcasters who reachMuslim audiences through satellite television often reinforcethe idea that the people and Government of the United Statesare anti-Muslim.(b) S
ENSE 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 acommitment to treat all people humanely, abide by the ruleof law, and be generous to the people and governments ofother countries;
(2) the United States should cooperate with governments
of countries with predominantly Muslim populations to fosteragreement on respect for human dignity and opportunity, andto offer a vision of a better future that includes stressinglife over death, individual educational and economic oppor-tunity, widespread political participation, contempt for 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 Muslims; and
(4) the United States should work to defeat extremism
in all its form, especially in nations with predominantly Muslimpopulations by providing assistance to governments, non-
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governmental organizations, and individuals who promote mod-
ernization.
SEC. 7107. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) F INDING .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressfinds that short-term gains enjoyed by the United States throughcooperation with repressive dictatorships have often been out-weighed by long-term setbacks for the stature and interests ofthe United States.
(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) United States foreign policy should promote the impor-
tance of individual educational and economic opportunity,encourage widespread political participation, condemn violence,and promote respect for the rule of law, openness in discussingdifferences among people, and tolerance for opposing pointsof view; and
(2) the United States Government must encourage the
governments of all countries with predominantly Muslim popu-lations, including those that are friends and allies of the UnitedStates, to promote the value of life and the importance ofindividual education and economic opportunity, encourage wide-spread political participation, condemn violence and promotethe rule of law, openness in discussing differences amongpeople, and tolerance for opposing points of view.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN
VALUES.
(a) P ROMOTION OF UNITED STATES VALUES THROUGH BROAD –
CAST MEDIA .—
(1) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Con-gress makes the following findings:
(A) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrantsand criminals in Somalia, Bosnia, Kosovo, Afghanistan,and Iraq, this message is neither convincingly presentednor widely understood.
(B) If the United States does not act to vigorously
define its message in countries with predominantly Muslimpopulations, the image of the United States will be definedby Islamic extremists who seek to demonize the UnitedStates.
(C) Recognizing that many Muslim audiences rely on
satellite television and radio, the United States Govern-ment has launched promising initiatives in television andradio broadcasting to the Islamic world, including Iranand Afghanistan.(2) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(A) the United States must do more to defend and
promote its values and ideals to the broadest possibleaudience in countries with predominantly Muslim popu-lations;
(B) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurateexpressions of these values reach large Muslim audiencesand should be robustly supported;22 USC 1431note.
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(C) the United States Government could and should
do more to engage Muslim audiences in the struggle ofideas; and
(D) the United States Government should more inten-
sively employ existing broadcast media in the Islamic worldas part of this engagement.
(b) E
NHANCING FREE AND INDEPENDENT MEDIA .—
(1) F INDINGS .—Congress makes the following findings:
(A) Freedom of speech and freedom of the press are
fundamental human rights.
(B) The United States has a national interest in pro-
moting these freedoms by supporting free media abroad,which is essential to the development of free and democraticsocieties consistent with our own.
(C) Free media is undermined, endangered, or non-
existent in many repressive and transitional societiesaround the world, including in Eurasia, Africa, and theMiddle East.
(D) Individuals lacking access to a plurality of free
media are vulnerable to misinformation and propagandaand are potentially more likely to adopt anti-United Statesviews.
(E) Foreign governments have a responsibility to
actively and publicly discourage and rebut unprofessionaland unethical media while respecting journalistic integrityand editorial independence.(2) S
TATEMENT OF POLICY .—It shall be the policy of the
United States, acting through the Secretary of State, to—
(A) ensure that the promotion of freedom of the press
and freedom of media worldwide is a priority of UnitedStates foreign policy and an integral component of UnitedStates public diplomacy;
(B) respect the journalistic integrity and editorial
independence of free media worldwide; and
(C) ensure that widely accepted standards for profes-
sional and ethical journalistic and editorial practices areemployed when assessing international media.
(c) E
STABLISHMENT OF MEDIA NETWORK .—
(1) G RANTS FOR ESTABLISHMENT OF NETWORK .—The Sec-
retary of State shall, utilizing amounts authorized to be appro-priated by subsection (e)(2), make grants to the NationalEndowment for Democracy (NED) under the National Endow-ment for Democracy Act (22 U.S.C. 4411 et seq.) for utilizationby the Endowment to provide funding to a private sector groupto establish and manage a free and independent media networkas specified in paragraph (2).
(2) M
EDIA NETWORK .—The media network established using
funds under paragraph (1) shall provide an effective forumto convene a broad range of individuals, organizations, andgovernmental participants involved in journalistic activities andthe development of free and independent media in order to—
(A) fund a clearinghouse to collect and share informa-
tion concerning international media development andtraining;
(B) improve research in the field of media assistance
and program evaluation to better inform decisions
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regarding funding and program design for government and
private donors;
(C) explore the most appropriate use of existing means
to more effectively encourage the involvement of the privatesector in the field of media assistance; and
(D) identify effective methods for the development of
a free and independent media in societies in transition.
(d) A
UTHORIZATIONS OF APPROPRIATIONS .—
(1) I N GENERAL .—There are authorized to be appropriated
for each of fiscal years 2005 and 2006, unless otherwise author-ized by Congress, such sums as may be necessary to carryout United States Government broadcasting activities con-sistent with this section under the United States Informationand Educational Exchange Act of 1948 (22 U.S.C. 1431 etseq.), the United States International Broadcasting Act of 1994(22 U.S.C. 6201 et seq.), and the Foreign Affairs Reform andRestructuring Act of 1998 (22 U.S.C. 6501 et seq.), and tocarry out other activities under this section consistent withthe purposes of such Acts, unless otherwise authorized by Con-gress.
(2) G
RANTS FOR MEDIA NETWORK .—In addition to the
amounts authorized to be appropriated under paragraph (1),there are authorized to be appropriated for each of fiscal years2005 and 2006, unless otherwise authorized by Congress, suchsums as may be necessary for grants under subsection (c)(1)for the establishment of the media network described in sub-section (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART-
MENT OF STATE.
(a) I NGENERAL .—The State Department Basic Authorities Act
of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting aftersection 59 the following new section:
‘‘SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPART-
MENT OF STATE.
‘‘(a) I NTEGRAL COMPONENT .—The Secretary of State shall make
public diplomacy an integral component in the planning and execu-tion of United States foreign policy.
‘‘(b) C
OORDINATION AND DEVELOPMENT OF STRATEGY .—The Sec-
retary shall make every effort to—
‘‘(1) coordinate, subject to the direction of the President,
the public diplomacy activities of Federal agencies; and
‘‘(2) coordinate with the Broadcasting Board of Governors
to—
‘‘(A) develop a comprehensive and coherent strategy
for the use of public diplomacy resources; and
‘‘(B) develop and articulate long-term measurable objec-
tives for United States public diplomacy.
‘‘(c) O BJECTIVES .—The strategy developed pursuant to sub-
section (b) shall include public diplomacy efforts targeting developedand developing countries and select and general audiences, usingappropriate media to properly explain the foreign policy of theUnited States to the governments and populations of such countries,with the objectives of increasing support for United States policiesand providing news and information. The Secretary shall, throughthe most effective mechanisms, counter misinformation and propa-ganda concerning the United States. The Secretary shall continue22 USC 2732.
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to articulate the importance of freedom, democracy, and human
rights as fundamental principles underlying United States foreignpolicy goals.
‘‘(d) I
DENTIFICATION OF UNITED STATES FOREIGN ASSISTANCE .—
In cooperation with the United States Agency for InternationalDevelopment (USAID) and other public and private assistanceorganizations and agencies, the Secretary should ensure thatinformation relating to foreign assistance provided by the UnitedStates, nongovernmental organizations, and private entities of theUnited States is disseminated widely, and particularly, to the extentpracticable, within countries and regions that receive such assist-ance. The Secretary should ensure that, to the extent practicable,projects funded by USAID not involving commodities, includingprojects implemented by private voluntary organizations, are identi-fied as provided by the people of the United States.’’.
(b) F
UNCTIONS OF THE UNDER SECRETARY OF STATE FOR PUBLIC
DIPLOMACY .—
(1) A MENDMENT .—Section 1(b)(3) of such Act (22 U.S.C.
2651a(b)(3)) is amended by adding at the end the followingnew sentence: ‘‘The Under Secretary for Public Diplomacyshall—
‘‘(A) prepare an annual strategic plan for public diplo-
macy in collaboration with overseas posts and in consulta-tion with the regional and functional bureaus of the Depart-ment;
‘‘(B) ensure the design and implementation of appro-
priate program evaluation methodologies;
‘‘(C) provide guidance to Department personnel in the
United States and overseas who conduct or implementpublic diplomacy policies, programs, and activities;
‘‘(D) assist the United States Agency for International
Development and the Broadcasting Board of Governorsto present the policies of the United States clearly andeffectively; and
‘‘(E) submit statements of United States policy and
editorial material to the Broadcasting Board of Governors
for broadcast consideration.’’.(2) C
ONSULTATION .—The Under Secretary of State for
Public Diplomacy, in carrying out the responsibilities describedin section 1(b)(3) of such Act (as amended by paragraph (1)),shall consult with public diplomacy officers operating at UnitedStates overseas posts and in the regional bureaus of the Depart-ment of State.
SEC. 7110. PUBLIC DIPLOMACY TRAINING.
(a) S TATEMENT OF POLICY .—The following should be the policy
of the United States:
(1) The Foreign Service should recruit individuals with
expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a prominent
role in the formulation of public diplomacy strategies for thecountries and regions to which they are assigned and shouldbe accountable for the operation and success of public diplomacyefforts at their posts.
(3) Initial and subsequent training of Foreign Service offi-
cers should be enhanced to include information and training22 USC 3922b.22 USC 2651a
note.
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on public diplomacy and the tools and technology of mass
communication.(b) P
ERSONNEL .—
(1) Q UALIFICATIONS .—In the recruitment, training, and
assignment of members of the Foreign Service, the Secretaryof State—
(A) should emphasize the importance of public diplo-
macy and applicable skills and techniques;
(B) should consider the priority recruitment into the
Foreign Service, including at middle-level entry, of individ-uals with expertise and professional experience in publicdiplomacy, mass communications, or journalism; and
(C) shall give special consideration to individuals with
language facility and experience in particular countriesand regions.(2) L
ANGUAGES OF SPECIAL INTEREST .—The Secretary of
State shall seek to increase the number of Foreign Serviceofficers proficient in languages spoken in countries withpredominantly Muslim populations. Such increase should beaccomplished through the recruitment of new officers and incen-tives for officers in service.(c) P
UBLIC DIPLOMACY SUGGESTED FOR PROMOTION IN FOREIGN
SERVICE .—Section 603(b) of the Foreign Service Act of 1980 (22
U.S.C. 4003(b)) is amended by adding at the end the following:‘‘The precepts for selection boards shall include, whether themember of the Service or the member of the Senior Foreign Service,as the case may be, has demonstrated—
(1) a willingness and ability to explain United States poli-
cies in person and through the media when occupying positionsfor which such willingness and ability is, to any degree, anelement of the member’s duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTER-
NATIONAL ORGANIZATIONS.
(a) S UPPORT AND EXPANSION OF DEMOCRACY CAUCUS .—
(1) I N GENERAL .—The President, acting through the Sec-
retary of State and the relevant United States chiefs of mission,should—
(A) continue to strongly support and seek to expand
the work of the democracy caucus at the United NationsGeneral Assembly and the United Nations Human RightsCommission; and
(B) seek to establish a democracy caucus at the United
Nations Conference on Disarmament and at other broad-based international organizations.(2) P
URPOSES OF THE CAUCUS .—A democracy caucus at
an international organization should—
(A) forge common positions, including, as appropriate,
at the ministerial level, on matters of concern before theorganization and work within and across regional linesto promote agreed positions;
(B) work to revise an increasingly outmoded system
of membership selection, regional voting, and decision-making; and
(C) establish a rotational leadership agreement to pro-
vide member countries an opportunity, for a set period
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of time, to serve as the designated president of the caucus,
responsible for serving as its voice in each organization.
(b) L EADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZA –
TIONS .—The President, acting through the Secretary of State, the
relevant United States chiefs of mission, and, where appropriate,the Secretary of the Treasury, should use the voice, vote, andinfluence of the United States to—
(1) where appropriate, reform the criteria for leadership
and, in appropriate cases, for membership, at all UnitedNations bodies and at other international organizations andmultilateral institutions to which the United States is amember so as to exclude countries that violate the principlesof the specific organization;
(2) make it a policy of the United Nations and other inter-
national organizations and multilateral institutions of whichthe United States is a member that a member country maynot stand in nomination for membership or in nomination orin rotation for a significant leadership position in such bodiesif the member country is subject to sanctions imposed by theUnited Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotationfor a significant leadership position in such organizations, orfor membership on the United Nations Security Council, ifthe government of the member country has been determinedby the Secretary of State to have repeatedly provided supportfor acts of international terrorism.(c) I
NCREASED TRAINING IN MULTILATERAL DIPLOMACY .—
(1) S TATEMENT OF POLICY .—It shall be the policy of the
United States that training courses should be established forForeign Service Officers and civil service employees of theState Department, including appropriate chiefs of mission, onthe conduct of multilateral diplomacy, including the conductof negotiations at international organizations and multilateralinstitutions, negotiating skills that are required at multilateralsettings, coalition-building techniques, and lessons learned fromprevious United States multilateral negotiations.
(2) P
ERSONNEL .—
(A) I N GENERAL .—The Secretary shall ensure that the
training described in paragraph (1) is provided at variousstages of the career of members of the Service.
(B) A
CTIONS OF THE SECRETARY .—The Secretary shall
ensure that—
(i) officers of the Service receive training on the
conduct of diplomacy at international organizationsand other multilateral institutions and at broad-basedmultilateral negotiations of international instrumentsas part of their training upon entry into the Service;and
(ii) officers of the Service, including chiefs of
mission, who are assigned to United States missionsrepresenting the United States to internationalorganizations and other multilateral institutions orwho are assigned in Washington, D.C., to positionsthat have as their primary responsibility formulationof policy toward such organizations and institutionsor toward participation in broad-based multilateral22 USC 4029.
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negotiations of international instruments, receive
specialized training in the areas described in para-graph (1) prior to beginning of service for such assign-ment or, if receiving such training at that time isnot practical, within the first year of beginning suchassignment.
(3) T
RAINING FOR CIVIL SERVICE EMPLOYEES .—The Sec-
retary shall ensure that employees of the Department of Statewho are members of the civil service and who are assignedto positions described in paragraph (2) receive trainingdescribed in paragraph (1) prior to the beginning of servicefor such assignment or, if receiving such training at such timeis not practical, within the first year of beginning such assign-ment.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND
EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Exchange, scholarship, and library programs are effec-
tive ways for the United States Government to promote inter-nationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can expose
young people from other countries to United States valuesand offer them knowledge and hope.(b) D
ECLARATION OF POLICY .—Consistent with the report of
the National Commission on Terrorist Attacks Upon the UnitedStates, Congress declares that—
(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with peopleof all levels of society in countries with predominantly Muslimpopulations, particularly with youth and those who influenceyouth;
(2) such an investment should make use of the talents
and resources in the private sector and should include programsto increase the number of people who can be exposed to theUnited States and its fundamental ideas and values in orderto dispel misconceptions; and
(3) such programs should include youth exchange programs,
young ambassadors programs, international visitor programs,academic and cultural exchange programs, American Cornerprograms, library programs, journalist exchange programs,sister city programs, and other programs related to people-to-people diplomacy.(c) S
ENSE OF CONGRESS .—It is the sense of Congress that
the United States should significantly increase its investment inthe people-to-people programs described in subsection (b).
(d) A
UTHORITY TOEXPAND EDUCATIONAL AND CULTURAL
EXCHANGES .—The President is authorized to substantially expand
the exchange, scholarship, and library programs of the UnitedStates, especially such programs that benefit people in the Muslimworld.
(e) A
VAILABILITY OF FUNDS .—Of the amounts authorized to
be appropriated in each of the fiscal years 2005 and 2006 foreducational and cultural exchange programs, there shall be avail-able to the Secretary of State such sums as may be necessary22 USC 2451note.
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to carry out programs under this section, unless otherwise author-
ized by Congress.
SEC. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-
SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIMCOUNTRIES TO PROVIDE SCHOLARSHIPS.
(a) F INDINGS .—Congress makes the following findings:
(1) During the 2003–2004 school year, the Office of Over-
seas Schools of the Department of State is financially assisting189 elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary
schools are located in more than 20 countries with predomi-nantly Muslim populations in the Near East, Africa, SouthAsia, Central Asia, and East Asia.
(3) United States-sponsored elementary and secondary
schools provide an American-style education in English, withcurricula that typically include an emphasis on the developmentof critical thinking and analytical skills.(b) S
TATEMENT OF POLICY .—The United States has an interest
in increasing the level of financial support provided to UnitedStates-sponsored elementary and secondary schools in countrieswith predominantly Muslim populations in order to—
(1) increase the number of students in such countries who
attend such schools;
(2) increase the number of young people who may thereby
gain at any early age an appreciation for the culture, society,and history of the United States; and
(3) increase the number of young people who may thereby
improve their proficiency in the English language.(c) P
ILOT PROGRAM .—The Secretary of State, acting through
the Director of the Office of Overseas Schools of the Departmentof State, may conduct a pilot program to make grants to UnitedStates-sponsored elementary and secondary schools in countrieswith predominantly Muslim populations for the purpose of providingfull or partial merit-based scholarships to students from lower-income and middle-income families of such countries to attendsuch schools.
(d) D
ETERMINATION OF ELIGIBLE STUDENTS .—For purposes of
the pilot program, a United States-sponsored elementary and sec-ondary school that receives a grant under the pilot program mayestablish criteria to be implemented by such school to determinewhat constitutes lower-income and middle-income families in thecountry (or region of the country, if regional variations in incomelevels in the country are significant) in which such school is located.
(e) R
ESTRICTION ON USE OF FUNDS .—Amounts appropriated
to the Secretary of State pursuant to the authorization of appropria-tions in subsection (h) shall be used for the sole purpose of makinggrants under this section, and may not be used for the administra-tion of the Office of Overseas Schools of the Department of Stateor for any other activity of the Office.
(f) V
OLUNTARY PARTICIPATION .—Nothing in this section shall
be construed to require participation in the pilot program by aUnited States-sponsored elementary or secondary school in apredominantly Muslim country.
(g) R
EPORT .—Not later than April 15, 2006, the Secretary of
State shall submit to the Committee on International Relationsof the House of Representatives and the Committee on Foreign22 USC 2452note.
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Relations of the Senate a report on the pilot program. The report
shall assess the success of the program, examine any obstaclesencountered in its implementation, and address whether it shouldbe continued, and if so, provide recommendations to increase itseffectiveness.
(h) F
UNDING .—There are authorized to be appropriated to the
Secretary of State for each of the fiscal years 2005 and 2006,unless otherwise authorized by Congress, such sums as necessaryto implement the pilot program under this section.
SEC. 7114. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Education that teaches tolerance, the dignity and value
of each individual, and respect for different beliefs is a keyelement in any global strategy to eliminate 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 theMiddle East by 2010, through the implementation of educationprograms targeting women and girls and programs for adultliteracy, and by other means.
(5) To be effective, efforts 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 knowl-edge into local languages and local libraries to house suchmaterials; 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 beendeveloped for other regions of the world.(b) I
NTERNATIONAL YOUTH OPPORTUNITY FUND.—
(1) E STABLISHMENT .—The Secretary of State is authorized
to establish through an existing international organization,such as the United Nations Educational, Science and CulturalOrganization (UNESCO) or other similar body, an InternationalYouth Opportunity Fund to provide financial assistance forthe improvement of public education in the Middle East andother countries of strategic interest with predominantly Muslimpopulations.
(2) I
NTERNATIONAL PARTICIPATION .—The Secretary should
seek the cooperation of the international community in estab-lishing and generously supporting the Fund.
SEC. 7115. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policiesand repressive political regimes.22 USC 2228.
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(2) Policies that support economic development and reform
also have political implications, as economic and political lib-erties are often linked.
(3) The United States is working toward creating a Middle
East Free Trade Area by 2013 and implementing a free tradeagreement with Bahrain, and free trade agreements existbetween the United States and Israel and the United Statesand Jordan.
(4) Existing and proposed free trade agreements between
the United States and countries with predominantly Muslimpopulations are drawing interest from other countries in theMiddle East region, and countries with predominantly Muslimpopulations can become full participants in the rules-basedglobal trading system, as the United States considers loweringits barriers to trade.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) a comprehensive United States strategy to counter ter-
rorism should include economic policies that encourage develop-ment, open societies, and opportunities for people to improvethe lives of their families and to enhance prospects for theirchildren’s future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that havea significant population of Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countriesthat have a significant population of Muslim individuals,including efforts to integrate such countries into the globaltrading system; and
(4) given the importance of the rule of law in promoting
economic development and attracting investment, the UnitedStates should devote an increased proportion of its assistanceto countries in the Middle East to the promotion of the ruleof law.
SEC. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) A UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated for each of fiscal years 2005 and 2006, (unlessotherwise authorized by Congress) such sums as may be necessaryfor the Middle East Partnership Initiative.
(b) S
ENSE OF CONGRESS .—It is the sense of Congress that,
given the importance of the rule of law and economic reform todevelopment in the Middle East, a significant portion of the fundsauthorized to be appropriated under subsection (a) should be madeavailable to promote the rule of law in the Middle East.
SEC. 7117. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING
TERRORISM.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes 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 governmentsconcerning counterterrorism have expanded significantly, butsuch contacts have often been ad hoc and not integrated asa comprehensive and unified approach to counterterrorism.22 USC 2656note.
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(b) I NGENERAL .—The Secretary of State is authorized in con-
sultation with relevant United States Government agencies, to nego-tiate on a bilateral or multilateral basis, as appropriate, inter-national agreements under which parties to an agreement workin partnership to address and interdict acts of international ter-rorism.
(c) I
NTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM .—
(1) S ENSE OF CONGRESS .—It is the sense of Congress that
the President—
(A) should seek to engage the leaders of the govern-
ments of other countries in a process of advancing beyondseparate and uncoordinated national counterterrorismstrategies to develop with those other governments a com-prehensive multilateral strategy to fight terrorism; and
(B) to that end, should seek to establish an inter-
national counterterrorism policy contact group with theleaders of governments providing leadership in globalcounterterrorism efforts and governments of countries withsizable Muslim populations, to be used as a ready andflexible international means for discussing and coordinatingthe development of important counterterrorism policies bythe participating governments.(2) A
UTHORITY .—The President is authorized to establish
an international counterterrorism policy contact group withthe leaders of governments referred to in paragraph (1) forthe following purposes:
(A) To meet annually, or more frequently as the Presi-
dent determines appropriate, to develop in common withsuch other governments important policies and a strategythat address the various components of internationalprosecution of the war on terrorism, including policies anda 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 determineappropriate, long-term issues that can contribute tostrengthening stability and security in the Middle East.
SEC. 7118. FINANCING OF TERRORISM.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) The death or capture of several important financial
facilitators has decreased the amount of money available toal Qaeda, and has made it more difficult for al Qaeda toraise and move money.
(2) The capture of al Qaeda financial facilitators has pro-
vided a windfall of intelligence that can be used to continuethe cycle of disruption.
(3) The United States Government has rightly recognized
that information about terrorist money helps in understandingterror networks, searching them out, and disrupting their oper-ations.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—President.Establishment.
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(1) a critical weapon in the effort to stop terrorist financing
should be the targeting of terrorist financial facilitators byintelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount
in United States counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) P ERIOD OF DESIGNATION .—Section 219(a)(4) of the Immigra-
tion and Nationality Act (8 U.S.C. 1189(a)(4)) is amended—
(1) in subparagraph (A)—
(A) by striking ‘‘Subject to paragraphs (5) and (6),
a’’ and inserting ‘‘A’’; and
(B) by striking ‘‘for a period of 2 years beginning on
the effective date of the designation under paragraph(2)(B)’’ and inserting ‘‘until revoked under paragraph (5)or (6) or set aside pursuant to subsection (c)’’;(2) by striking subparagraph (B) and inserting the fol-
lowing:
‘‘(B) R
EVIEW OF DESIGNATION UPON PETITION .—
‘‘(i) I N GENERAL .—The Secretary shall review the
designation of a foreign terrorist organization underthe procedures set forth in clauses (iii) and (iv) ifthe designated organization files a petition for revoca-tion within the petition period described in clause (ii).
‘‘(ii) P
ETITION PERIOD .—For purposes of clause (i)—
‘‘(I) if the designated organization has not pre-
viously filed a petition for revocation under thissubparagraph, the petition period begins 2 yearsafter the date on which the designation was made;or
‘‘(II) if the designated organization has pre-
viously filed a petition for revocation under thissubparagraph, the petition period begins 2 yearsafter the date of the determination made underclause (iv) on that petition.‘‘(iii) P
ROCEDURES .—Any foreign terrorist organiza-
tion that submits a petition for revocation under thissubparagraph must provide evidence in that petition
that the relevant circumstances described in paragraph(1) are sufficiently different from the circumstancesthat were the basis for the designation such that arevocation with respect to the organization is war-ranted.
‘‘(iv) D
ETERMINATION .—
‘‘(I) I N GENERAL .—Not later than 180 days
after receiving a petition for revocation submittedunder this subparagraph, the Secretary shall makea determination as to such revocation.
‘‘(II) C
LASSIFIED INFORMATION .—The Secretary
may consider classified information in making adetermination in response to a petition for revoca-tion. Classified information shall not be subjectto disclosure for such time as it remains classified,except that such information may be disclosed toa court ex parte and in camera for purposes ofjudicial review under subsection (c).Deadline.
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‘‘(III) P UBLICATION OF DETERMINATION .—A
determination made by the Secretary under thisclause shall be published in the Federal Register.
‘‘(IV) P
ROCEDURES .—Any revocation by the
Secretary shall be made in accordance with para-graph (6).’’; and
(3) by adding at the end the following:
‘‘(C) O
THER REVIEW OF DESIGNATION .—
‘‘(i) I N GENERAL .—If in a 5-year period no review
has taken place under subparagraph (B), the Secretaryshall review the designation of the foreign terroristorganization in order to determine whether such des-ignation should be revoked pursuant to paragraph (6).
‘‘(ii) P
ROCEDURES .—If a review does not take place
pursuant to subparagraph (B) in response to a petitionfor revocation that is filed in accordance with thatsubparagraph, then the review shall be conductedpursuant to procedures established by the Secretary.The results of such review and the applicable proce-dures shall not be reviewable in any court.
‘‘(iii) P
UBLICATION OF RESULTS OF REVIEW .—The
Secretary shall publish any determination made pursu-ant to this subparagraph in the Federal Register.’’.
(b) A
LIASES .—Section 219 of the Immigration and Nationality
Act (8 U.S.C. 1189) is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new sub-
section (b):‘‘(b) A
MENDMENTS TO A DESIGNATION .—
‘‘(1) I N GENERAL .—The Secretary may amend a designation
under this subsection if the Secretary finds that the organiza-tion has changed its name, adopted a new alias, dissolvedand then reconstituted itself under a different name or names,or merged with another organization.
‘‘(2) P
ROCEDURE .—Amendments made to a designation in
accordance with paragraph (1) shall be effective upon publica-tion in the Federal Register. Subparagraphs (B) and (C) ofsubsection (a)(2) shall apply to an amended designation uponsuch publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), and(8) of subsection (a) shall also apply to an amended designation.
‘‘(3) A
DMINISTRATIVE RECORD .—The administrative record
shall be corrected to include the amendments as well as anyadditional relevant information that supports those amend-ments.
‘‘(4) C
LASSIFIED INFORMATION .—The Secretary may consider
classified information in amending a designation in accordancewith this subsection. Classified information shall not be subjectto disclosure for such time as it remains classified, exceptthat such information may be disclosed to a court ex parteand in camera for purposes of judicial review under subsection(c).’’.(c) T
ECHNICAL AND CONFORMING AMENDMENTS .—Section 219
of the Immigration and Nationality Act (8 U.S.C. 1189) isamended—
(1) in subsection (a)—Effective date.
Federal Register,publication.Applicability.Federal Register,
publication.Federal Register,
publication.
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(A) in paragraph (3)(B), by striking ‘‘subsection (b)’’
and inserting ‘‘subsection (c)’’;
(B) in paragraph (6)(A)—
(i) in the matter preceding clause (i), by striking
‘‘or a redesignation made under paragraph (4)(B)’’ andinserting ‘‘at any time, and shall revoke a designationupon completion of a review conducted pursuant tosubparagraphs (B) and (C) of paragraph (4)’’; and
(ii) in clause (i), by striking ‘‘or redesignation’’;
(C) in paragraph (7), by striking ‘‘, or the revocation
of a redesignation under paragraph (6),’’; and
(D) in paragraph (8)—
(i) by striking ‘‘, or if a redesignation under this
subsection has become effective under paragraph(4)(B),’’; and
(ii) by striking ‘‘or redesignation’’; and
(2) in subsection (c), as so redesignated—
(A) in paragraph (1), by striking ‘‘of the designation
in the Federal Register,’’ and all that follows through‘‘review of the designation’’ and inserting ‘‘in the FederalRegister of a designation, an amended designation, or adetermination in response to a petition for revocation, thedesignated organization may seek judicial review’’;
(B) in paragraph (2), by inserting ‘‘, amended designa-
tion, or determination in response to a petition for revoca-tion’’ after ‘‘designation’’;
(C) in paragraph (3), by inserting ‘‘, amended
designation, or determination in response to a petitionfor revocation’’ after ‘‘designation’’; and
(D) in paragraph (4), by inserting ‘‘, amended designa-
tion, or determination in response to a petition for revoca-tion’’ after ‘‘designation’’ each place that term appears.
(d) S
AVINGS PROVISION .—For purposes of applying section 219
of the Immigration and Nationality Act on or after the date ofenactment of this Act, the term ‘‘designation’’, as used in thatsection, includes all redesignations made pursuant to section
219(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C.1189(a)(4)(B)) prior to the date of enactment of this Act, and suchredesignations shall continue to be effective until revoked as pro-vided in paragraph (5) or (6) of section 219(a) of the Immigrationand Nationality Act (8 U.S.C. 1189(a)).
SEC. 7120. REPORT TO CONGRESS.
(a) I NGENERAL .—Not later than 180 days after the date of
enactment of this Act, the President shall submit to Congressa report on the activities of the Government of the United Statesto carry out the provisions of this subtitle.
(b) C
ONTENTS .—The report required under this section shall
include the following:
(1) T ERRORIST SANCTUARIES .—A description of the strategy
of the United States to address and, where possible, eliminateterrorist sanctuaries, including—
(A) a description of the terrorist sanctuaries that exist;(B) an outline of strategies, tactics, and tools for dis-
rupting or eliminating the security provided to terroristsby such sanctuaries;President.Applicability.
8 USC 1189 note.
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(C) a description of efforts by the United States Govern-
ment to work with other countries in bilateral and multilat-eral fora to elicit the cooperation needed to identify andaddress terrorist sanctuaries that may exist unknown togovernments; and
(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formationof terrorist sanctuaries, such as supporting and strength-ening host governments, reducing poverty,increasing economic development, strengthening civilsociety, securing borders, strengthening internal securityforces, and disrupting logistics and communications net-works of terrorist groups.(2) S
UPPORT FOR PAKISTAN .—A description of a United
States strategy to engage with Pakistan and to support itover the long term, including—
(A) recommendations on the composition and levels
of assistance required in future years, with special consider-ation of the proper balance between security assistanceand other forms of assistance;
(B) a description of the composition and levels of assist-
ance, other than security assistance, at present and inthe recent past, structured to permit a comparison of cur-rent and past practice with that recommended for thefuture;
(C) measures that could be taken to ensure that all
forms of foreign assistance to Pakistan have the greatestpossible long-term positive impact on the welfare of thePakistani people and on the ability of Pakistan to cooperatein global efforts against terror; and
(D) measures that could be taken to alleviate difficul-
ties, misunderstandings, and complications in the relation-ship between the United States and Pakistan.(3) C
OLLABORATION WITH SAUDI ARABIA .—A description of
the strategy of the United States for expanding collaborationwith the Government of Saudi Arabia on subjects of mutualinterest and of importance, including a description of—
(A) steps that could usefully be taken to institutionalize
and make more transparent government to government
relationships between the United States and Saudi Arabia,including the utility of undertaking periodic, formal, andvisible high-level dialogues between government officialsof both countries to address challenges in the relationshipbetween the 2 governments and to identify areas andmechanisms for cooperation;
(B) intelligence and security cooperation between the
United States and Saudi Arabia in the fight againstIslamist terrorism;
(C) ways to increase the contribution of Saudi Arabia
to the stability of the Middle East and the Islamic world,particularly to the Middle East peace process, by elimi-nating support from or within Saudi Arabia for extremistgroups or tendencies;
(D) political and economic reform in Saudi Arabia and
throughout the Islamic world;
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(E) ways to promote greater tolerance and respect for
cultural and religious diversity in Saudi Arabia andthroughout the Islamic world; and
(F) ways to assist the Government of Saudi Arabia
in reversing the impact of any financial, moral, intellectual,or other support provided in the past from Saudi sourcesto extremist groups in Saudi Arabia and other countries,and to prevent this support from continuing in the future.(4) S
TRUGGLE OF IDEAS IN THE ISLAMIC WORLD .—A descrip-
tion of a cohesive, long-term strategy of the United Statesto help win the struggle of ideas in the Islamic world, includingthe 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 such goalsand 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 suchgoals.
(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 institutionsfor the promotion of democracy and economic diversificationin the Islamic world, and intraregional trade in the MiddleEast.
(F) An estimate of the level of United States financial
assistance that would be sufficient to convince UnitedStates allies and people in the Islamic world that engagingin the struggle of ideas in the Islamic world is a toppriority of the United States and that the United Statesintends to make a substantial and sustained commitmenttoward winning this struggle.(5) O
UTREACH THROUGH BROADCAST MEDIA .—A description
of a cohesive, long-term strategy of the United States to expandits outreach to foreign Muslim audiences through broadcastmedia, including the following:
(A) The initiatives of the Broadcasting Board of Gov-
ernors with respect to outreach to foreign Muslimaudiences.
(B) An outline of recommended actions that the United
States Government should take to more regularly andcomprehensively present a United States point of viewthrough indigenous broadcast media in countries withpredominantly Muslim populations, including increasing
appearances by United States Government officials,experts, and citizens.
(C) An assessment of the major themes of biased or
false media coverage of the United States in foreign coun-tries and the actions taken to address this type of mediacoverage.
(D) An assessment of potential incentives for, and costs
associated with, encouraging United States broadcastersto dub or subtitle into Arabic and other relevant languagestheir news and public affairs programs broadcast in the
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Muslim world in order to present those programs to a
much broader Muslim audience than is currently reached.
(E) Any recommendations the President may have for
additional funding and legislation necessary to achieve theobjectives of the strategy.(6) V
ISAS FOR PARTICIPANTS IN UNITED STATES PROGRAMS .—
A description of—
(A) any recommendations for expediting the issuance
of visas to individuals who are entering the United Statesfor the purpose of participating in a scholarship, exchange,or visitor program described in section 7111(b) withoutcompromising the security of the United States; and
(B) a proposed schedule for implementing any rec-
ommendations described in subparagraph (A).(7) B
ASIC EDUCATION IN MUSLIM COUNTRIES .—A description
of a strategy, that was developed after consultation with non-governmental organizations and individuals involved ineducation assistance programs in developing countries, to pro-mote free universal basic education in the countries of theMiddle East and in other countries with predominantly Muslimpopulations designated by the President. The strategy shallinclude the following elements:
(A) A description of the manner in which the resources
of the United States and the international community shallbe used to help achieve free universal basic education insuch countries, including—
(i) efforts of the United States to coordinate an
international effort;
(ii) activities of the United States to leverage con-
tributions from members of the Group of Eight orother donors; and
(iii) assistance provided by the United States to
leverage contributions from the private sector and civilsociety organizations.(B) A description of the efforts of the United States
to coordinate with other donors to reduce duplication andwaste at the global and country levels and to ensure effi-cient coordination among all relevant departments andagencies of the Government of the United States.
(C) A description of the strategy of the United States
to assist efforts to overcome challenges to achieving freeuniversal basic education in such countries, includingstrategies to target hard to reach populations to promoteeducation.
(D) A listing of countries that the President determines
might be eligible for assistance under the InternationalYouth Opportunity Fund described in section 7114(b) andrelated programs.
(E) A description of the efforts of the United States
to encourage countries in the Middle East and other coun-tries with predominantly Muslim populations designatedby the President to develop and implement a nationaleducation plan.
(F) A description of activities that could be carried
out as part of the International Youth Opportunity Fundto help close the digital divide and expand vocational andbusiness skills in such countries.
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(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country describedin subparagraph (D), and an estimate of the amount thathas been expended by the United States and by each suchcountry during the previous fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from coun-tries in the Middle East and other countries with predomi-nantly Muslim populations designated by the President,international organizations, and other countries that sharethe objectives of the International Youth Opportunity Fund.(8) E
CONOMIC REFORM .—A description of the efforts of the
United States Government to encourage development and pro-mote economic reform in countries that have a predominantlyMuslim population, including a description of—
(A) efforts to integrate countries with predominantly
Muslim populations into the global trading system; and
(B) actions that the United States Government, acting
alone and in partnership with governments in the MiddleEast, can take to promote intraregional trade and therule of law in the region.
(c) F
ORM OF REPORT .—Any report or other matter that is
required to be submitted to Congress (including a committee ofCongress) under this section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) A VAILABILITY OF TREATIES AND INTERNATIONAL AGREE –
MENTS .—Section 112a of title 1, United States Code, is amended
by adding at the end the following:
‘‘(d) The Secretary of State shall make publicly available
through the Internet website of the Department of State eachtreaty or international agreement proposed to be published in thecompilation entitled ‘United States Treaties and Other InternationalAgreements’ not later than 180 days after the date on which thetreaty or agreement enters into force.’’.
(b) T
RANSMISSION TO CONGRESS .—Section 112b(a) of title 1,
United States Code, is amended by striking ‘‘Committee on ForeignAffairs’’ and inserting ‘‘Committee on International Relations’’.
(c) R
EPORT .—Section 112b of title 1, United States Code, is
amended—
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
‘‘(d)(1) The Secretary of State shall annually submit to Congress
a report that contains an index of all international agreements,listed by country, date, title, and summary of each such agreement(including a description of the duration of activities under theagreement and the agreement itself), that the United States—
‘‘(A) has signed, proclaimed, or with reference to which
any other final formality has been executed, or that has beenextended or otherwise modified, during the preceding calendaryear; and
‘‘(B) has not been published, or is not proposed to be pub-
lished, in the compilation entitled ‘United States Treaties andOther International Agreements’.‘‘(2) The report described in paragraph (1) may be submitted
in classified form.’’.Reports.Public
information.Deadline.
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(d) D ETERMINATION OF INTERNATIONAL AGREEMENT .—Sub-
section (e) of section 112b of title 1, United States Code, as redesig-nated, is amended—
(1) by striking ‘‘(e) The Secretary of State’’ and inserting
the following:‘‘(e)(1) Subject to paragraph (2), the Secretary of State’’; and
(2) by adding at the end the following:
‘‘(2)(A) An arrangement shall constitute an international agree-
ment within the meaning of this section (other than subsection(c)) irrespective of the duration of activities under the arrangementor the arrangement itself.
‘‘(B) Arrangements that constitute an international agreement
within the meaning of this section (other than subsection (c)) includethe following:
‘‘(i) A bilateral or multilateral counterterrorism agreement.‘‘(ii) A bilateral agreement with a country that is subject
to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), sec-tion 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C.2371(a)), or section 40(d) of the Arms Export Control Act (22U.S.C. 2780(d)).’’.(e) E
NFORCEMENT OF REQUIREMENTS .—Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989is amended to read as follows:
‘‘(b) E
FFECTIVE DATE.—Subsection (a) shall take effect 60 days
after the date of enactment of the 911 Commission ImplementationAct of 2004 and shall apply during fiscal years 2005, 2006, and2007.’’.
SEC. 7122. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle B—Terrorist Travel and Effective
Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes 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, presentthemselves to border security officials, or attempt to circumventinspection points.
(3) Terrorists use evasive, but detectable, methods to travel,
such as altered and counterfeit passports and visas, specifictravel methods and routes, liaisons with corrupt governmentofficials, human smuggling networks, supportive travel agen-cies, and immigration and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an agencyhad done so, the agency could have discovered the ways inwhich the terrorist predecessors to al Qaeda had been8 USC 1776 note.1 USC 112a note.1 USC 112b note.
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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 char-acteristic travel documents and travel patterns could haveallowed authorities to intercept some of the hijackers and amore effective use of information available in government data-bases 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 protectingagainst terrorism inevitably shaped al Qaeda’s planning andopportunities.
(7) New insights into terrorist travel gained since Sep-
tember 11, 2001, have not been adequately integrated intothe front lines of border security.
(8) The small classified terrorist travel intelligence collec-
tion and analysis program currently in place has produceduseful results and should be expanded.(b) S
TRATEGY .—
(1) I N GENERAL .—Not later than 1 year after the date
of enactment of this Act, the Director of the NationalCounterterrorism Center shall submit to Congress unclassifiedand classified versions of a strategy for combining terroristtravel intelligence, operations, and law enforcement into a cohe-sive effort to intercept terrorists, find terrorist travelfacilitators, and constrain terrorist mobility domestically andinternationally. The report to Congress should include adescription of the actions taken to implement the strategyand an assessment regarding vulnerabilities within the UnitedStates and foreign travel systems that may be exploited byinternational terrorists, human smugglers and traffickers, andtheir facilitators.
(2) C
OORDINATION .—The strategy shall be developed in
coordination with all relevant Federal agencies.
(3) C ONTENTS .—The strategy may address—
(A) a program for collecting, analyzing, disseminating,
and utilizing information and intelligence regarding ter-rorist travel tactics and methods, and outline which Federalintelligence, diplomatic, and law enforcement agencies willbe held accountable for implementing each element of thestrategy;
(B) the intelligence and law enforcement collection,
analysis, operations, and reporting required to identify anddisrupt terrorist travel tactics, practices, patterns, andtrends, and the terrorist travel facilitators, documentforgers, human smugglers, travel agencies, and corruptborder and transportation officials who assist terrorists;
(C) the training and training materials required by
consular, border, and immigration officials to effectivelydetect and disrupt terrorist travel described under sub-section (c)(3);
(D) the new technology and procedures required and
actions to be taken to integrate existing counterterroristtravel document and mobility intelligence into border secu-rity processes, including consular, port of entry, borderpatrol, maritime, immigration benefits, and related lawenforcement activities;50 USC 404 o
note.Deadline.Reports.
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(E) the actions required to integrate current terrorist
mobility intelligence into military force protection meas-ures;
(F) the additional assistance to be given to the inter-
agency Human Smuggling and Trafficking Center for pur-poses of combatting terrorist travel, including further devel-oping and expanding enforcement and operational capabili-ties that address terrorist travel;
(G) the actions to be taken to aid in the sharing of
information between the frontline border agencies of theDepartment of Homeland Security, the Department ofState, and classified and unclassified sources ofcounterterrorist travel intelligence and information else-where in the Federal Government, including the HumanSmuggling and Trafficking Center;
(H) the development and implementation of procedures
to enable the National Counterterrorism Center, or itsdesignee, to timely receive terrorist travel intelligence anddocumentation obtained at consulates and ports of entry,and by law enforcement officers and military personnel;
(I) the use of foreign and technical assistance to
advance border security measures and law enforcementoperations against terrorist travel facilitators;
(J) the feasibility of developing a program to provide
each consular, port of entry, and immigration benefits officewith a counterterrorist travel expert trained and authorizedto use the relevant authentication technologies and clearedto access all appropriate immigration, law enforcement,and intelligence databases;
(K) the feasibility of digitally transmitting suspect
passport information to a central cadre of specialists, eitheras an interim measure until such time as experts describedunder subparagraph (J) are available at consular, portof entry, and immigration benefits offices, or otherwise;
(L) the development of a mechanism to ensure the
coordination and dissemination of terrorist travel intel-ligence and operational information among the Departmentof Homeland Security, the Department of State, theNational Counterterrorism Center, and other appropriateagencies;
(M) granting consular officers and immigration adju-
dicators, as appropriate, the security clearances necessaryto access law enforcement sensitive and intelligence data-bases; and
(N) how to integrate travel document screening for
terrorism indicators into border screening, and how to
integrate the intelligence community into a robust traveldocument screening process to intercept terrorists.
(c) F
RONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND
TRAINING .—
(1) T ECHNOLOGY ACQUISITION AND DISSEMINATION PLAN .—
Not later than 180 days after the date of enactment of thisAct, the Secretary of Homeland Security, in conjunction withthe Secretary of State, shall submit to Congress a plandescribing how the Department of Homeland Security and theDepartment of State can acquire and deploy, to the maximumDeadline.
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extent feasible, to all consulates, ports of entry, and immigra-
tion benefits offices, technologies that facilitate documentauthentication and the detection of potential terrorist indicatorson travel documents. To the extent possible, technologiesacquired and deployed under this plan shall be compatiblewith systems used by the Department of Homeland Securityto detect fraudulent documents and identify genuine documents.
(2) C
ONTENTS OF PLAN .—The plan submitted under para-
graph (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 or other documentation describedin section 7209(b) submitted for identification purposesto a United States consular, border, or immigration official.
(d) T
RAINING PROGRAM .—
(1) R EVIEW , EVALUATION , AND REVISION OF EXISTING
TRAINING PROGRAMS .—The Secretary of Homeland Security
shall—
(A) review and evaluate the training regarding travel
and identity documents, and techniques, patterns, andtrends associated with terrorist travel that is providedto personnel of the Department of Homeland Security;
(B) in coordination with the Secretary of State, review
and evaluate the training described in subparagraph (A)that is provided to relevant personnel of the Departmentof State; and
(C) in coordination with the Secretary of State, develop
and implement an initial training and periodic retrainingprogram—
(i) to teach border, immigration, and consular offi-
cials (who inspect or review travel or identity docu-ments as part of their official duties) how to effectivelydetect, intercept, and disrupt terrorist travel; and
(ii) to ensure that the officials described in clause
(i) regularly receive the most current information onsuch matters and are periodically retrained on thematters described in paragraph (2).
(2) R
EQUIRED TOPICS OF REVISED PROGRAMS .—The training
program developed under paragraph (1)(C) shall includetraining in—
(A) methods for identifying fraudulent and genuine
travel documents;
(B) methods for detecting terrorist indicators on travel
documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and behaviors
exhibited by terrorists;
(D) effective utilization of information contained in
databases and data systems available to the Departmentof Homeland Security; and
(E) other topics determined to be appropriate by the
Secretary of Homeland Security, in consultation with theSecretary of State or the Director of National Intelligence.8 USC 1776.
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(3) I MPLEMENTATION .—
(A) D EPARTMENT OF HOMELAND SECURITY .—
(i) I N GENERAL .—The Secretary of Homeland Secu-
rity shall provide all border and immigration officialswho inspect or review travel or identity documentsas part of their official duties with the trainingdescribed in paragraph (1)(C).
(ii) R
EPORT TO CONGRESS .—Not later than 12
months after the date of enactment of this Act, andannually thereafter for a period of 3 years, the Sec-retary of Homeland Security shall submit a reportto Congress that—
(I) describes the number of border and
immigration officials who inspect or reviewidentity documents as part of their official duties,and the proportion of whom have received therevised training program described in paragraph(1)(C)(i);
(II) explains the reasons, if any, for not com-
pleting the requisite training described in para-graph (1)(C)(i);
(III) provides a timetable for completion of
the training described in paragraph (1)(C)(i) forthose who have not received such training; and
(IV) describes the status of periodic retraining
of appropriate personnel described in paragraph(1)(C)(ii).
(B) D
EPARTMENT OF STATE .—
(i) I N GENERAL .—The Secretary of State shall pro-
vide all consular officers who inspect or review travelor identity documents as part of their official dutieswith the training described in paragraph (1)(C).
(ii) R
EPORT TO CONGRESS .—Not later than 12
months after the date of enactment of this Act, andannually thereafter for a period of 3 years, the Sec-retary of State shall submit a report to Congress that—
(I) describes the number of consular officers
who inspect or review travel or identity documentsas part of their official duties, and the proportionof whom have received the revised training pro-gram described in paragraph (1)(C)(i);
(II) explains the reasons, if any, for not com-
pleting the requisite training described in para-graph (1)(C)(i);
(III) provides a timetable for completion of
the training described in paragraph (1)(C)(i) for
those who have not received such training; and
(IV) describes the status of periodic retraining
of appropriate personnel described in paragraph(1)(C)(ii).
(4) A
SSISTANCE TO OTHERS .—The Secretary of Homeland
Security may assist States, Indian tribes, local governments,and private organizations to establish training programs relatedto terrorist travel intelligence.
(5) A
UTHORIZATION OF APPROPRIATIONS .—There are author-
ized to be appropriated such sums as may be necessary for
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each of the fiscal years 2005 through 2009 to carry out the
provisions of this subsection.(e) E
NHANCING CLASSIFIED COUNTERTERRORIST TRAVEL
EFFORTS .—
(1) I N GENERAL .—The Director of National Intelligence shall
significantly increase resources and personnel to the smallclassified program that collects and analyzes intelligence onterrorist travel.
(2) A
UTHORIZATION OF APPROPRIATIONS .—There are author-
ized to be appropriated for each of the fiscal years 2005 through2009 such sums as may be necessary to carry out this sub-section.
SEC. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAF-
FICKING CENTER.
(a) E STABLISHMENT .—There is established a Human Smuggling
and Trafficking Center (referred to in this section as the ‘‘Center’’).
(b) O PERATION .—The Secretary of State, the Secretary of Home-
land Security, and the Attorney General shall operate the Centerin accordance with the Memorandum of Understanding entitled,‘‘Human Smuggling and Trafficking Center (HSTC), Charter’’.
(c) F
UNCTIONS .—In addition to such other responsibilities as
the President may assign, the Center shall—
(1) serve as the focal point for interagency efforts to address
terrorist travel;
(2) serve as a clearinghouse with respect to all relevant
information from all Federal Government agencies in supportof the United States strategy to prevent separate, but related,issues of clandestine terrorist travel and facilitation of migrantsmuggling and trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the Fed-eral Government to improve effectiveness and to convert allinformation available to the Federal Government relating toclandestine terrorist travel and facilitation, migrant smuggling,and trafficking of persons into tactical, operational, and stra-tegic intelligence that can be used to combat such illegal activi-ties; and
(4) prepare and submit to Congress, on an annual basis,
a strategic assessment regarding vulnerabilities in the UnitedStates and foreign travel system that may be exploited byinternational terrorists, human smugglers and traffickers, andtheir facilitators.(d) R
EPORT .—Not later than 180 days after the date of enact-
ment of this Act, the President shall transmit to Congress a reportregarding the implementation of this section, including a descriptionof the staffing and resource needs of the Center.
(e) R
ELATIONSHIP TO THE NCTC.—As part of its mission to
combat terrorist travel, the Center shall work to support the effortsof the National Counterterrorism Center.
SEC. 7203. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFI-
CERS.
(a) I NCREASED NUMBER OF CONSULAR OFFICERS .—The Sec-
retary of State, in each of fiscal years 2006 through 2009, mayincrease by 150 the number of positions for consular officers abovethe number of such positions for which funds were allotted forthe preceding fiscal year.Reports.8 USC 1777.50 USC 403–1
note.
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(b) L IMITATION ON USE OF FOREIGN NATIONALS FOR VISA
SCREENING .—
(1) I MMIGRANT VISAS .—Section 222(b) of the Immigration
and Nationality Act (8 U.S.C. 1202(b)) is amended by addingat the end the following: ‘‘All immigrant visa applications shallbe reviewed and adjudicated by a consular officer.’’.
(2) N
ONIMMIGRANT VISAS .—Section 222(d) of the Immigra-
tion and Nationality Act (8 U.S.C. 1202(d)) is amended byadding at the end the following: ‘‘All nonimmigrant visa applica-tions shall be reviewed and adjudicated by a consular officer.’’.(c) T
RAINING FOR CONSULAR OFFICERS IN DETECTION OF
FRAUDULENT DOCUMENTS .—Section 305(a) of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a))is amended by adding at the end the following: ‘‘In accordancewith section 7201(d) of the 9/11 Commission Implementation Actof 2004, and as part of the consular training provided to suchofficers by the Secretary of State, such officers shall also receivetraining in detecting fraudulent documents and general documentforensics and shall be required as part of such training to workwith immigration officers conducting inspections of applicants foradmission into the United States at ports of entry.’’.
(d) A
SSIGNMENT OF ANTI-FRAUD SPECIALISTS .—
(1) S URVEY REGARDING DOCUMENT FRAUD .—The Secretary
of State, in coordination with the Secretary of Homeland Secu-rity, shall conduct a survey of each diplomatic and consularpost at which visas are issued to assess the extent to whichfraudulent documents are presented by visa applicants to con-sular officers at such posts.
(2) R
EQUIREMENT FOR SPECIALIST .—
(A) I N GENERAL .—Not later than July 31, 2005, the
Secretary of State, in coordination with the Secretary ofHomeland Security, shall identify the diplomatic and con-sular posts at which visas are issued that experience thegreatest frequency of presentation of fraudulent documentsby visa applicants. The Secretary of State shall assignor designate at each such post at least 1 full-time anti-fraud specialist employed by the Department of State toassist the consular officers at each such post in the detec-tion of such fraud.
(B) E
XCEPTIONS .—The Secretary of State is not
required to assign or designate a specialist under subpara-graph (A) at a diplomatic or consular post if an employeeof the Department of Homeland Security, who has sufficienttraining and experience in the detection of fraudulent docu-ments, is assigned on a full-time basis to such post undersection 428 of the Homeland Security Act of 2002 (6 U.S.C.236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL
TERRORIST TRAVEL THROUGH THE USE OF FRAUDU-LENTLY OBTAINED DOCUMENTS.
(a) F INDINGS .—Congress makes the following findings:
(1) International terrorists travel across international bor-
ders to raise funds, recruit members, train for operations,escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and carried
out the attack on the World Trade Center on February 26,22 USC 2656note.Deadline.
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1993, the attack on the embassies of the United States in
Kenya and Tanzania on August 7, 1998, the attack on theUSS Cole on October 12, 2000, and the attack on the WorldTrade Center and the Pentagon on September 11, 2001, traveledacross international borders to plan and carry out these attacks.
(3) The international terrorists who planned other attacks
on the United States, including the plot to bomb New YorkCity landmarks in 1993, the plot to bomb the New York Citysubway in 1997, and the millennium plot to bomb Los AngelesInternational Airport on December 31, 1999, traveled acrossinternational borders to plan and carry out these attacks.
(4) Many of the international terrorists who planned and
carried out large-scale attacks against foreign targets, includingthe attack in Bali, Indonesia, on October 11, 2002, and theattack in Madrid, Spain, on March 11, 2004, traveled acrossinternational borders to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World TradeCenter on February 26, 1993, the plot to bomb New YorkCity landmarks in 1993, and the millennium plot to bombLos Angeles International Airport on December 31, 1999, trav-eled on fraudulent passports and often had more than 1 pass-port.
(6) Two of the September 11, 2001, hijackers were carrying
passports that had been manipulated in a fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon
the United States, (commonly referred to as the 9/11 Commis-sion), stated that ‘‘Targeting travel is at least as powerfula weapon against terrorists as targeting their money.’’.(b) I
NTERNATIONAL AGREEMENTS TOTRACK AND CURTAIL TER-
RORIST TRAVEL .—
(1) I NTERNATIONAL AGREEMENT ON LOST , STOLEN , OR FAL –
SIFIED DOCUMENTS .—The President should lead efforts to track
and curtail the travel of terrorists by supporting the drafting,adoption, and implementation of international agreements, andrelevant United Nations Security Council resolutions to trackand stop international travel by terrorists and other criminalsthrough the use of lost, stolen, or falsified documents to aug-ment United Nations and other international anti-terrorismefforts.
(2) C
ONTENTS OF INTERNATIONAL AGREEMENT .—The Presi-
dent should seek, as appropriate, the adoption or fullimplementation of effective international measures to—
(A) share information on lost, stolen, and fraudulent
passports and other travel documents for the purposesof preventing the undetected travel of persons using such
passports and other travel documents that were obtainedimproperly;
(B) establish and implement a real-time verification
system of passports and other travel documents withissuing authorities;
(C) share with officials at ports of entry in any such
country information relating to lost, stolen, and fraudulentpassports and other travel documents;
(D) encourage countries—
(i) to criminalize—
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(I) the falsification or counterfeiting of travel
documents or breeder documents for any purpose;
(II) the use or attempted use of false docu-
ments to obtain a visa or cross a border for anypurpose;
(III) the possession of tools or implements used
to falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel
documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist;
and
(VI) attempts to commit, including conspir-
acies to commit, the crimes specified in subclauses(I) through (V);(ii) to impose significant penalties to appropriately
punish violations and effectively deter the crimes speci-fied in clause (i); and
(iii) to limit the issuance of citizenship papers,
passports, identification documents, and similar docu-ments to persons—
(I) whose identity is proven to the issuing
authority;
(II) who have a bona fide entitlement to or
need for such documents; and
(III) who are not issued such documents prin-
cipally on account of a disproportional paymentmade by them or on their behalf to the issuingauthority;
(E) provide technical assistance to countries to help
them fully implement such measures; and
(F) permit immigration and border officials—
(i) to confiscate a lost, stolen, or falsified passport
at ports of entry;
(ii) to permit the traveler to return to the sending
country without being in possession of the lost, stolen,or falsified passport; and
(iii) to detain and investigate such traveler upon
the return of the traveler to the sending country.
(3) I
NTERNATIONAL CIVIL AVIATION ORGANIZATION .—The
United States shall lead efforts to track and curtail the travelof terrorists by supporting efforts at the International CivilAviation Organization to continue to strengthen the securityfeatures of passports and other travel documents.(c) R
EPORT .—
(1) I N GENERAL .—Not later than 1 year after the date
of enactment of this Act, and at least annually thereafter,the President shall submit to the appropriate congressionalcommittees a report on progress toward achieving the goalsdescribed in subsection (b).
(2) T
ERMINATION .—Paragraph (1) shall cease to be effective
when the President certifies to the Committee on InternationalRelations of the House of Representatives and the Committeeon Foreign Relations of the Senate that the goals describedin subsection (b) have been fully achieved.Certification.President.
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SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF
NAMES INTO THE ROMAN ALPHABET FOR INTER-NATIONAL TRAVEL DOCUMENTS AND NAME-BASEDWATCHLIST SYSTEMS.
(a) F INDINGS .—Congress makes the following findings:
(1) The current lack of a single convention for translating
Arabic names enabled some of the 19 hijackers of aircraftused in the terrorist attacks against the United States thatoccurred on September 11, 2001, to vary the spelling of theirnames to defeat name-based terrorist watchlist systems andto make more difficult any potential efforts to locate them.
(2) Although the development and utilization of terrorist
watchlist systems using biometric identifiers will be helpful,the full development and utilization of such systems will takeseveral years, and name-based terrorist watchlist systems willalways be useful.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that
the President should seek to enter into an international agreementto modernize and improve standards for the transliteration of namesinto the Roman alphabet in order to ensure 1 common spellingfor such names for international travel documents and name-basedwatchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) I NGENERAL .—Section 235A(b) of the Immigration and
Nationality Act (8 U.S.C. 1225a(b)) is amended—
(1) in the subsection heading, by inserting ‘‘ AND IMMIGRA –
TION SECURITY INITIATIVE ’’ after ‘‘P ROGRAM ’’;
(2) by striking ‘‘Attorney General’’ and inserting ‘‘Secretary
of Homeland Security’’; and
(3) by adding at the end the following: ‘‘Beginning not
later than December 31, 2006, the number of airports selectedfor an assignment under this subsection shall be at least 50.’’.(b) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Secretary of Homeland Security to carryout the amendments made by subsection (a)—
(1) $25,000,000 for fiscal year 2005;(2) $40,000,000 for fiscal year 2006; and(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA
WAIVER PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State shall
certify to Congress which of the countries designated to participatein the visa waiver program established under section 217 of theImmigration and Nationality Act (8 U.S.C. 1187) are developinga program to issue to individuals seeking to enter that countrypursuant to a visa issued by that country, a machine readablevisa document that is tamper-resistant and incorporates biometricidentification information that is verifiable at its port of entry.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) F INDING .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressfinds that completing a biometric entry and exit data system asexpeditiously as possible is an essential investment in efforts toprotect the United States by preventing the entry of terrorists.8 USC 1365b.Deadline.Deadline.
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(b) D EFINITION .—In this section, the term ‘‘entry and exit data
system’’ means the entry and exit system required by applicablesections of—
(1) the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (Public Law 104–208);
(2) the Immigration and Naturalization Service Data
Management Improvement Act of 2000 (Public Law 106–205);
(3) the Visa Waiver Permanent Program Act (Public Law
106–396);
(4) the Enhanced Border Security and Visa Entry Reform
Act of 2002 (Public Law 107–173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Ter-rorism (USA PATRIOT ACT) Act of 2001 (Public Law 107–56).(c) P
LAN AND REPORT .—
(1) D EVELOPMENT OF PLAN .—The Secretary of Homeland
Security shall develop a plan to accelerate the full implementa-tion of an automated biometric entry and exit data system.
(2) R
EPORT .—Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a reportto Congress on the plan developed under paragraph (1), whichshall contain—
(A) a description of the current functionality of the
entry and exit data system, including—
(i) a listing of ports of entry and other Department
of Homeland Security and Department of State loca-tions with biometric entry data systems in use andwhether such screening systems are located at primaryor secondary inspection areas;
(ii) a listing of ports of entry and other Department
of Homeland Security and Department of State loca-tions with biometric exit data systems in use;
(iii) a listing of databases and data systems with
which the entry and exit data system are interoperable;
(iv) a description of—
(I) identified deficiencies concerning the
accuracy or integrity of the information containedin the entry and exit data system;
(II) identified deficiencies concerning tech-
nology associated with processing individualsthrough the system; and
(III) programs or policies planned or imple-
mented 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 theUnited States;(B) a description of factors relevant to the accelerated
implementation of the biometric entry and exit data system,including—
(i) the earliest date on which the Secretary esti-
mates that full implementation of the biometric entryand exit data system can be completed;
(ii) the actions the Secretary will take to accelerate
the full implementation of the biometric entry and
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exit data system at all ports of entry through which
all aliens must pass that are legally required to doso; and
(iii) the resources and authorities required to
enable the Secretary to meet the implementation datedescribed in clause (i);(C) a description of any improvements needed in the
information technology employed for the biometric entryand exit data system;
(D) a description of plans for improved or added inter-
operability with any other databases or data systems; and
(E) a description of the manner in which the Depart-
ment of Homeland Security’s US-VISIT program—
(i) meets the goals of a comprehensive entry and
exit screening system, including both entry and exitbiometric; and
(ii) fulfills the statutory obligations under sub-
section (b).
(d) C
OLLECTION OF BIOMETRIC EXITDATA.—The entry and exit
data system shall include a requirement for the collection ofbiometric exit data for all categories of individuals who are requiredto provide biometric entry data, regardless of the port of entrywhere such categories of individuals entered the United States.
(e) I
NTEGRATION AND INTEROPERABILITY .—
(1) I NTEGRATION OF DATA SYSTEM .—Not later than 2 years
after the date of enactment of this Act, the Secretary shallfully integrate all databases and data systems that processor contain information on aliens, which are maintained by—
(A) the Department of Homeland Security, at—
(i) the United States Immigration and Customs
Enforcement;
(ii) the United States Customs and Border Protec-
tion; and
(iii) the United States Citizenship and Immigration
Services;(B) the Department of Justice, at the Executive Office
for Immigration Review; and
(C) the Department of State, at the Bureau of Consular
Affairs.
(2) I
NTEROPERABLE COMPONENT .—The fully integrated data
system under paragraph (1) shall be an interoperable compo-nent of the entry and exit data system.
(3) I
NTEROPERABLE DATA SYSTEM .—Not later than 2 years
after the date of enactment of this Act, the Secretary shallfully implement an interoperable electronic data system, asrequired by section 202 of the Enhanced Border Security andVisa Entry Reform Act (8 U.S.C. 1722) to provide currentand immediate access to information in the databases of Federallaw enforcement agencies and the intelligence community thatis relevant to determine—
(A) whether to issue a visa; or(B) the admissibility or deportability of an alien.
(f) M
AINTAINING ACCURACY AND INTEGRITY OF ENTRY AND EXIT
DATASYSTEM .—
(1) P OLICIES AND PROCEDURES .—Deadline.Deadline.
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(A) E STABLISHMENT .—The Secretary of Homeland
Security shall establish rules, guidelines, policies, and oper-ating and auditing procedures for collecting, removing, andupdating data maintained in, and adding information to,the entry and exit data system that ensure the accuracyand integrity of the data.
(B) T
RAINING .—The Secretary shall develop training
on the rules, guidelines, policies, and procedures estab-lished under subparagraph (A), and on immigration lawand procedure. All personnel authorized to access informa-tion maintained in the databases and data system shallreceive such training.(2) D
ATA COLLECTED FROM FOREIGN NATIONALS .—The Sec-
retary of Homeland Security, the Secretary of State, and theAttorney General, after consultation with directors of the rel-evant intelligence agencies, shall standardize the informationand data collected from foreign nationals, and the proceduresutilized to collect such data, to ensure that the informationis consistent and valuable to officials accessing that data acrossmultiple agencies.
(3) D
ATA MAINTENANCE PROCEDURES .—Heads of agencies
that have databases or data systems linked to the entry andexit data system shall establish rules, guidelines, policies, andoperating and auditing procedures for collecting, removing, andupdating data maintained in, and adding information to, suchdatabases or data systems that ensure the accuracy and integ-rity of the data and for limiting access to the informationin the databases or data systems to authorized personnel.
(4) R
EQUIREMENTS .—The rules, guidelines, policies, and
procedures established under this subsection shall—
(A) incorporate a simple and timely method for—
(i) correcting errors in a timely and effective
manner;
(ii) determining which government officer provided
data so that the accuracy of the data can beascertained; and
(iii) clarifying information known to cause false
hits or misidentification errors;(B) include procedures for individuals to—
(i) seek corrections of data contained in the data-
bases or data systems; and
(ii) appeal decisions concerning data contained in
the databases or data systems;(C) strictly limit the agency personnel authorized to
enter data into the system;
(D) identify classes of information to be designated
as temporary or permanent entries, with correspondingexpiration dates for temporary entries; and
(E) identify classes of prejudicial information requiring
additional authority of supervisory personnel before entry.(5) C
ENTRALIZING AND STREAMLINING CORRECTION
PROCESS .—
(A) I N GENERAL .—The President, or agency director
designated by the President, shall establish a clearinghousebureau in the Department of Homeland Security, to cen-tralize and streamline the process through which membersof the public can seek corrections to erroneous or inaccuratePresident.Establishment.
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information contained in agency databases, which is related
to immigration status, or which otherwise impedes lawfuladmission to the United States.
(B) T
IME SCHEDULES .—The process described in
subparagraph (A) shall include specific time schedules forreviewing data correction requests, rendering decisions onsuch requests, and implementing appropriate correctiveaction in a timely manner.
(g) I
NTEGRATED BIOMETRIC ENTRY -EXITSCREENING SYSTEM .—
The biometric entry and exit data system shall facilitate efficientimmigration benefits processing by—
(1) ensuring that the system’s tracking capabilities encom-
pass data related to all immigration benefits processing,including—
(A) visa applications with the Department of State;(B) immigration related filings with the Department
of Labor;
(C) cases pending before the Executive Office for
Immigration Review; and
(D) matters pending or under investigation before the
Department of Homeland Security;(2) utilizing a biometric based identity number tied to
an applicant’s biometric algorithm established under the entryand exit data system to track all immigration related mattersconcerning the applicant;
(3) providing that—
(A) all information about an applicant’s immigration
related history, including entry and exit history, can bequeried through electronic means; and
(B) database access and usage guidelines include strin-
gent safeguards to prevent misuse of data;(4) providing real-time updates to the information described
in paragraph (3)(A), including pertinent data from all agenciesreferred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnelemployed in the evaluation of immigration documents andimmigration-related policy.(h) E
NTRY -EXITSYSTEM GOALS .—The Department of Homeland
Security shall operate the biometric entry and exit system so thatit—
(1) serves as a vital counterterrorism tool;(2) screens travelers efficiently and in a welcoming manner;(3) provides inspectors and related personnel with adequate
real-time information;
(4) ensures flexibility of training and security protocols
to most effectively comply with security mandates;
(5) integrates relevant databases and plans for database
modifications to address volume increase and database usage;and
(6) improves database search capacities by utilizing lan-
guage algorithms to detect alternate names.(i) D
EDICATED SPECIALISTS AND FRONT LINE PERSONNEL
TRAINING .—In implementing the provisions of subsections (g) and
(h), the Department of Homeland Security and the Departmentof State shall—
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(1) develop cross-training programs that focus on the scope
and procedures of the entry and exit data system;
(2) provide extensive community outreach and education
on the entry and exit data system’s procedures;
(3) provide clear and consistent eligibility guidelines for
applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration law
to improve adjudications at our ports of entry, consulates, andembassies.(j) C
OMPLIANCE STATUS REPORTS .—Not later than 1 year after
the date of enactment of this Act, the Secretary of HomelandSecurity, the Secretary of State, the Attorney General, and thehead of any other department or agency subject to the requirementsof this section, shall issue individual status reports and a jointstatus report detailing the compliance of the department or agencywith each requirement under this section.
(k) E
XPEDITING REGISTERED TRAVELERS ACROSS INTERNATIONAL
BORDERS .—
(1) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Con-gress makes the following findings:
(A) Expediting the travel of previously screened and
known travelers across the borders of the United Statesshould be a high priority.
(B) The process of expediting known travelers across
the borders of the United States can permit inspectorsto better focus on identifying terrorists attempting to enterthe United States.(2) D
EFINITION .—In this subsection, the term ‘‘registered
traveler program’’ means any program designed to expeditethe travel of previously screened and known travelers acrossthe borders of the United States.
(3) R
EGISTERED TRAVEL PROGRAM .—
(A) I N GENERAL .—As soon as is practicable, the Sec-
retary shall develop and implement a registered travelerprogram to expedite the processing of registered travelerswho enter and exit the United States.
(B) P
ARTICIPATION .—The registered traveler program
shall include as many participants as practicable by—
(i) minimizing the cost of enrollment;(ii) making program enrollment convenient and
easily accessible; and
(iii) providing applicants with clear and consistent
eligibility guidelines.(C) I
NTEGRATION .—The registered traveler program
shall be integrated into the automated biometric entry
and exit data system described in this section.
(D) R EVIEW AND EVALUATION .—In developing the reg-
istered traveler program, the Secretary shall—
(i) review existing programs or pilot projects
designed to expedite the travel of registered travelersacross the borders of the United States;
(ii) evaluate the effectiveness of the programs
described in clause (i), the costs associated with suchprograms, and the costs to travelers to join such pro-grams;
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(iii) increase research and development efforts to
accelerate the development and implementation of asingle registered traveler program; and
(iv) review the feasibility of allowing participants
to enroll in the registered traveler program at consularoffices.
(4) R
EPORT .—Not later than 1 year after the date of enact-
ment of this Act, the Secretary shall submit to Congress areport describing the Department’s progress on the developmentand implementation of the registered traveler program.(l) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Secretary, for each of the fiscal years2005 through 2009, such sums as may be necessary to carry outthe provisions of this section.
SEC. 7209. TRAVEL DOCUMENTS.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Existing procedures allow many individuals to enter
the United States by showing minimal identification or withoutshowing any identification.
(2) The planning for the terrorist attacks of September
11, 2001, demonstrates that terrorists study and exploit UnitedStates vulnerabilities.
(3) Additional safeguards are needed to ensure that terror-
ists cannot enter the United States.(b) P
ASSPORTS .—
(1) D EVELOPMENT OF PLAN .—The Secretary of Homeland
Security, in consultation with the Secretary of State, shalldevelop and implement a plan as expeditiously as possibleto require a passport or other document, or combination ofdocuments, deemed by the Secretary of Homeland Securityto be sufficient to denote identity and citizenship, for all travelinto the United States by United States citizens and by cat-egories of individuals for whom documentation requirementshave previously been waived under section 212(d)(4)(B) of theImmigration and Nationality Act (8 U.S.C. 1182(d)(4)(B)). This
plan shall be implemented not later than January 1, 2008,and shall seek to expedite the travel of frequent travelers,including those who reside in border communities, and in doingso, shall make readily available a registered traveler program(as described in section 7208(k)).
(2) R
EQUIREMENT TO PRODUCE DOCUMENTATION .—The plan
developed under paragraph (1) shall require all United Statescitizens, and categories of individuals for whom documentationrequirements have previously been waived under section212(d)(4)(B) of such Act, to carry and produce the documenta-tion described in paragraph (1) when traveling from foreigncountries into the United States.(c) T
ECHNICAL AND CONFORMING AMENDMENTS .—After the com-
plete implementation of the plan described in subsection (b)—
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section212(d)(4)(B) of such Act to waive documentary requirementsfor travel into the United States; andDeadline.8 USC 1185 note.
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(2) the President may not exercise discretion under section
215(b) of such Act (8 U.S.C. 1185(b)) to waive documentaryrequirements for United States citizens departing from orentering, or attempting to depart from or enter, the UnitedStates except—
(A) where the Secretary of Homeland Security deter-
mines that the alternative documentation that is the basisfor the waiver of the documentary requirement is sufficientto denote identity and citizenship;
(B) in the case of an unforeseen emergency in indi-
vidual cases; or
(C) in the case of humanitarian or national interest
reasons in individual cases.
(d) T
RANSIT WITHOUT VISAPROGRAM .—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 Secretaryof Homeland Security, completely implements a security plan tofully ensure secure transit passage areas to prevent aliens pro-ceeding in immediate and continuous transit through the UnitedStates from illegally entering the United States.
SEC. 7210. EXCHANGE OF TERRORIST INFORMATION AND INCREASED
PREINSPECTION AT FOREIGN AIRPORTS.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) The exchange of terrorist information with other coun-
tries, consistent with privacy requirements, along with listingsof lost and stolen passports, will have immediate security bene-fits.
(2) The further away from the borders of the United States
that screening occurs, the more security benefits the UnitedStates will gain.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) the Federal Government should exchange terrorist
information with trusted allies;
(2) the Federal Government should move toward real-time
verification of passports with issuing authorities;
(3) where practicable, the Federal Government should con-
duct screening before a passenger departs on a flight destinedfor the United States;
(4) the Federal Government should work with other coun-
tries to ensure effective inspection regimes at all airports;
(5) the Federal Government should work with other coun-
tries to improve passport standards and provide foreign assist-ance to countries that need help making the transition tothe global standard for identification; and
(6) the Department of Homeland Security, in coordination
with the Department of State and other Federal agencies,should implement the initiatives called for in this subsection.(c) R
EPORT REGARDING THE EXCHANGE OF TERRORIST INFORMA –
TION .—
(1) I N GENERAL .—Not later than 180 days after the date
of enactment of this Act, the Secretary of State and the Sec-retary of Homeland Security, working with other Federal agen-cies, shall submit to the appropriate committees of Congress8 USC 1225a
note.
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a report on Federal efforts to collaborate with allies of the
United States in the exchange of terrorist information.
(2) C ONTENTS .—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.
(d) P REINSPECTION AT FOREIGN AIRPORTS .—
(1) I N GENERAL .—Section 235A(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to readas follows:
‘‘(4) Subject to paragraph (5), not later than January 1,
2008, the Secretary of Homeland Security, in consultation withthe Secretary of State, shall establish preinspection stationsin at least 25 additional foreign airports, which the Secretaryof Homeland Security, in consultation with the Secretary ofState, determines, based on the data compiled under paragraph(3) and such other information as may be available, wouldmost effectively facilitate the travel of admissible aliens andreduce the number of inadmissible aliens, especially alienswho are potential terrorists, who arrive from abroad by airat points of entry within the United States. Such preinspectionstations shall be in addition to those established before Sep-tember 30, 1996, or pursuant to paragraph (1).’’.
(2) R
EPORT .—Not later than June 30, 2006, the Secretary
of Homeland Security and the Secretary of State shall submita report on the progress being made in implementing theamendment made by paragraph (1) to—
(A) the Committee on the Judiciary of the Senate;(B) the Committee on the Judiciary of the House of
Representatives;
(C) the Committee on Foreign Relations of the Senate;(D) the Committee on International Relations of the
House of Representatives;
(E) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and
(F) the Select Committee on Homeland Security of
the House of Representatives (or any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) D EFINITION .—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 producedfrom birth records maintained by such agency or custodianof record; or
(B) is an authenticated copy, issued by a Federal, State,
or local government agency or authorized custodian of5 USC 301 note.Deadline.
Establishment.
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record, of an original certificate of birth issued by such
agency or custodian of record.
(b) S TANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES .—
(1) I N GENERAL .—Beginning 2 years after the promulgation
of minimum standards under paragraph (3), no Federal agencymay accept a birth certificate for any official purpose unlessthe certificate conforms to such standards.
(2) S
TATE CERTIFICATION .—
(A) I N GENERAL .—Each State shall certify to the Sec-
retary of Health and Human Services that the State isin compliance with the requirements of this section.
(B) F
REQUENCY .—Certifications under subparagraph
(A) shall be made at such intervals and in such a manneras the Secretary of Health and Human Services, with theconcurrence of the Secretary of Homeland Security andthe Commissioner of Social Security, may prescribe by regu-lation.
(C) C
OMPLIANCE .—Each State shall ensure that units
of local government and other authorized custodians ofrecords in the State comply with this section.
(D) A
UDITS .—The Secretary of Health and Human
Services may conduct periodic audits of each State’s compli-ance with the requirements of this section.(3) M
INIMUM STANDARDS .—Not later than 1 year after the
date of enactment of this Act, the Secretary of Health andHuman Services shall by regulation establish minimum stand-ards for birth certificates for use by Federal agencies for officialpurposes that—
(A) at a minimum, shall require certification of the
birth certificate by the State or local government custodianof record that issued the certificate, and shall require theuse of safety paper or an alternative, equally securemedium, the seal of the issuing custodian of record, andother features designed to prevent tampering, counter-feiting, or otherwise duplicating the birth certificate forfraudulent purposes;
(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a birthcertificate, with additional security measures for theissuance of a birth certificate for a person who is notthe applicant;
(C) shall establish standards for the processing of birth
certificate applications to prevent fraud;
(D) may not require a single design to which birth
certificates issued by all States must conform; and
(E) shall accommodate the differences between the
States in the manner and form in which birth recordsare stored and birth certificates are produced from suchrecords.(4) C
ONSULTATION WITH GOVERNMENT AGENCIES .—In
promulgating the standards required under paragraph (3), theSecretary of Health and Human Services shall consult with—
(A) the Secretary of Homeland Security;(B) the Commissioner of Social Security;(C) State vital statistics offices; and(D) other appropriate Federal agencies.Deadline.
Regulations.Effective date.
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(5) E XTENSION OF EFFECTIVE DATE .—The Secretary of
Health and Human Services may extend the date specifiedunder paragraph (1) for up to 2 years for birth certificatesissued by a State if the Secretary determines that the Statemade reasonable efforts to comply with the date under para-graph (1) but was unable to do so.(c) G
RANTS TO STATES .—
(1) A SSISTANCE IN MEETING FEDERAL STANDARDS .—
(A) I N GENERAL .—Beginning on the date a final regula-
tion is promulgated under subsection (b)(3), the Secretaryof Health and Human Services shall award grants to Statesto assist them in conforming to the minimum standardsfor birth certificates set forth in the regulation.
(B) A
LLOCATION OF GRANTS .—The Secretary shall
award grants to States under this paragraph based onthe proportion that the estimated average annual numberof birth certificates issued by a State applying for a grantbears to the estimated average annual number of birthcertificates issued by all States.
(C) M
INIMUM ALLOCATION .—Notwithstanding subpara-
graph (B), each State shall receive not less than 0.5 percentof the grant funds made available under this paragraph.(2) A
SSISTANCE IN MATCHING BIRTH AND DEATH RECORDS .—
(A) I N GENERAL .—The Secretary of Health and Human
Services, in coordination with the Commissioner of SocialSecurity and other appropriate Federal agencies, shallaward grants to States, under criteria established by theSecretary, to assist States 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) A
LLOCATION OF GRANTS .—The Secretary shall
award grants to qualifying States under this paragraphbased on the proportion that the estimated annual averagenumber of birth and death records created by a Stateapplying for a grant bears to the estimated annual averagenumber of birth and death records originated by all States.
(C) M
INIMUM ALLOCATION .—Notwithstanding subpara-
graph (B), each State shall receive not less than 0.5 percentof the grant funds made available under this paragraph.
(d) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Secretary for each of the fiscal years2005 through 2009 such sums as may be necessary to carry outthis section.
(e) T
ECHNICAL AND CONFORMING AMENDMENT .—Section 656 of
the Illegal Immigration Reform and Immigrant Responsibility Actof 1996 (5 U.S.C. 301 note) is repealed.
SEC. 7212. DRIVER’S LICENSES AND PERSONAL IDENTIFICATION
CARDS.
(a) D EFINITIONS .—In this section:
(1) D RIVER ’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.49 USC 30301note.Effective date.
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(2) P ERSONAL IDENTIFICATION CARD .—The term ‘‘personal
identification card’’ means an identification document (asdefined in section 1028(d)(3) of title 18, United States Code)issued by a State.(b) S
TANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES .—
(1) I N GENERAL .—
(A) L IMITATION ON ACCEPTANCE .—No Federal agency
may accept, for any official purpose, a driver’s license orpersonal identification card newly issued by a State morethan 2 years after the promulgation of the minimum stand-ards under paragraph (2) unless the driver’s license orpersonal identification card conforms to such minimumstandards.
(B) D
ATE FOR CONFORMANCE .—The Secretary of
Transportation, in consultation with the Secretary of Home-land Security, shall establish a date after which no driver’slicense or personal identification card shall be acceptedby a Federal agency for any official purpose unless suchdriver’s license or personal identification card conformsto the minimum standards established under paragraph(2). The date shall be as early as the Secretary determinesit is practicable for the States to comply with such datewith reasonable efforts.
(C) S
TATE CERTIFICATION .—
(i) I N GENERAL .—Each State shall certify to the
Secretary of Transportation that the State is in compli-ance with the requirements of this section.
(ii) F
REQUENCY .—Certifications under clause (i)
shall be made at such intervals and in such a manneras the Secretary of Transportation, with the concur-rence of the Secretary of Homeland Security, may pre-scribe by regulation.
(iii) A
UDITS .—The Secretary of Transportation may
conduct periodic audits of each State’s compliance withthe requirements of this section.
(2) M
INIMUM STANDARDS .—Not later than 18 months after
the date of enactment of this Act, the Secretary of Transpor-tation, in consultation with the Secretary of Homeland Security,shall by regulation, establish minimum standards for driver’slicenses or personal identification cards issued by a State foruse by Federal agencies for identification purposes that shallinclude—
(A) standards for documentation required as proof of
identity of an applicant for a driver’s license or personalidentification card;
(B) standards for the verifiability of documents used
to obtain a driver’s license or personal identification card;
(C) standards for the processing of applications for
driver’s licenses and personal identification cards to preventfraud;
(D) standards for information to be included on each
driver’s license or personal identification card, including—
(i) the person’s full legal name;(ii) the person’s date of birth;(iii) the person’s gender;(iv) the person’s driver’s license or personal identi-
fication card number;Deadline.Regulations.
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(v) a digital photograph of the person;
(vi) the person’s address of principal residence;
and
(vii) the person’s signature;
(E) standards for common machine-readable identity
information to be included on each driver’s license or per-sonal identification card, including defined minimum dataelements;
(F) security standards to ensure that driver’s licenses
and personal identification cards are—
(i) resistant to tampering, alteration, or counter-
feiting; and
(ii) capable of accommodating and ensuring the
security of a digital photograph or other unique identi-fier; and(G) a requirement that a State confiscate a driver’s
license or personal identification card if any componentor security feature of the license or identification cardis compromised.(3) C
ONTENT OF REGULATIONS .—The regulations required
by paragraph (2)—
(A) shall facilitate communication between the chief
driver licensing official of a State, an appropriate officialof a Federal agency and other relevant officials, to verifythe authenticity of documents, as appropriate, issued bysuch Federal agency or entity and presented to prove theidentity of an individual;
(B) may not infringe on a State’s power to set criteria
concerning what categories of individuals are eligible toobtain a driver’s license or personal identification cardfrom that State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes withthe full enforcement of State criteria concerning the cat-egories of individuals that are eligible to obtain a driver’slicense or personal identification card from that State;
(D) may not require a single design to which driver’s
licenses or personal identification cards issued by all Statesmust conform; and
(E) shall include procedures and requirements to pro-
tect the privacy rights of individuals who apply for andhold driver’s licenses and personal identification cards.(4) N
EGOTIATED RULEMAKING .—
(A) I N GENERAL .—Before publishing the proposed regu-
lations required by paragraph (2) to carry out this title,the Secretary of Transportation shall establish a negotiatedrulemaking process pursuant to subchapter IV of chapter5 of title 5, United States Code (5 U.S.C. 561 et seq.).
(B) R
EPRESENTATION ON NEGOTIATED RULEMAKING
COMMITTEE .—Any negotiated rulemaking committee estab-
lished by the Secretary of Transportation pursuant tosubparagraph (A) shall include representatives from—
(i) among State offices that issue driver’s licenses
or personal identification cards;
(ii) among State elected officials;(iii) the Department of Homeland Security; and(iv) among interested parties.
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(C) T IME REQUIREMENT .—The process described in
subparagraph (A) shall be conducted in a timely mannerto ensure that—
(i) any recommendation for a proposed rule or
report is provided to the Secretary of Transportationnot later than 9 months after the date of enactmentof this Act and shall include an assessment of thebenefits and costs of the recommendation; and
(ii) a final rule is promulgated not later than 18
months after the date of enactment of this Act.
(c) G
RANTS TO STATES .—
(1) A SSISTANCE IN MEETING FEDERAL STANDARDS .—Begin-
ning on the date a final regulation is promulgated under sub-section (b)(2), the Secretary of Transportation shall awardgrants to States to assist them in conforming to the minimumstandards for driver’s licenses and personal identification cardsset forth in the regulation.
(2) A
LLOCATION OF GRANTS .—The Secretary of Transpor-
tation shall award grants to States under this subsection basedon the proportion that the estimated average annual numberof driver’s licenses and personal identification cards issuedby a State applying for a grant bears to the average annualnumber of such documents issued by all States.
(3) M
INIMUM ALLOCATION .—Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the grantfunds made available under this subsection.(d) E
XTENSION OF EFFECTIVE DATE.—The Secretary of
Transportation may extend the date specified under subsection(b)(1)(A) for up to 2 years for driver’s licenses issued by a Stateif the Secretary determines that the State made reasonable effortsto comply with the date under such subsection but was unableto do so.
(e) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Secretary of Transportation for eachof the fiscal years 2005 through 2009, such sums as may be nec-essary to carry out this section.
SEC. 7213. SOCIAL SECURITY CARDS AND NUMBERS.
(a) S ECURITY ENHANCEMENTS .—The Commissioner of Social
Security shall—
(1) not later than 1 year after the date of enactment of
this Act—
(A) restrict the issuance of multiple replacement social
security cards to any individual to 3 per year and 10for the life of the individual, except that the Commissionermay allow for reasonable exceptions from the limits underthis paragraph on a case-by-case basis in compelling cir-cumstances;
(B) establish minimum standards for the verification
of documents or records submitted by an individual toestablish eligibility for an original or replacement socialsecurity card, other than for purposes of enumeration atbirth; and
(C) require independent verification of any birth record
submitted by an individual to establish eligibility for asocial security account number, other than for purposesof enumeration at birth, except that the CommissionerDeadlines.42 USC 405 note.Effective date.
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may allow for reasonable exceptions from the requirement
for independent verification under this subparagraph ona case by case basis in compelling circumstances; and(2) notwithstanding section 205(r) of the Social Security
Act (42 U.S.C. 405(r)) and any agreement entered into there-under, not later than 18 months after the date of enactmentof this Act with respect to death indicators and not later than36 months after the date of enactment of this Act with respectto fraud indicators, add death and fraud indicators to thesocial security number verification systems for employers, Stateagencies issuing driver’s licenses and identity cards, and otherverification routines that the Commissioner determines to beappropriate.(b) I
NTERAGENCY SECURITY TASK FORCE .—The Commissioner
of Social Security, in consultation with the Secretary of HomelandSecurity, shall form an interagency task force for the purpose offurther improving the security of social security cards and numbers.Not later than 18 months after the date of enactment of thisAct, the task force shall establish, and the Commissioner shallprovide for the implementation of, 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) E
NUMERATION AT BIRTH .—
(1) I MPROVEMENT OF APPLICATION PROCESS .—As soon as
practicable after the date of enactment of this Act, the Commis-sioner of Social Security shall undertake to make improvementsto the enumeration at birth program for the issuance of socialsecurity account numbers to newborns. Such improvementsshall be designed to prevent—
(A) the assignment of social security account numbers
to unnamed children;
(B) the issuance of more than 1 social security account
number to the same child; and
(C) other opportunities for fraudulently obtaining a
social security account number.(2) R
EPORT TO CONGRESS .—Not later than 1 year after
the date of enactment of this Act, the Commissioner shalltransmit to each House of Congress a report specifying indetail the extent to which the improvements required underparagraph (1) have been made.(d) S
TUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH .—
(1) I N GENERAL .—As soon as practicable after the date
of enactment of this Act, the Commissioner of Social Securityshall conduct a study to determine the most efficient optionsfor ensuring the integrity of the process for enumeration atbirth. This study shall include an examination of availablemethods for reconciling hospital birth records with birth reg-istrations submitted to agencies of States and political subdivi-sions thereof and with information provided to the Commis-sioner as part of the process for enumeration at birth.
(2) R
EPORT .—Deadline.Establishment.
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(A) I N GENERAL .—Not later than 18 months after the
date of enactment of this Act, the Commissioner shallsubmit a report to the Committee on Ways and Meansof the House of Representatives and the Committee onFinance of the Senate regarding the results of the studyconducted under paragraph (1).
(B) C
ONTENTS .—The report submitted under subpara-
graph (A) shall contain such recommendations for legisla-tive changes as the Commissioner considers necessary toimplement needed improvements in the process forenumeration at birth.
(e) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Commissioner of Social Security for eachof the fiscal years 2005 through 2009, such sums as may be nec-essary to carry out this section.
SEC. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY
ACCOUNT NUMBERS ON DRIVER’S LICENSES OR MOTORVEHICLE REGISTRATIONS.
(a) I NGENERAL .—Section 205(c)(2)(C)(vi) of the Social Security
Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(vi)’’; and(2) by adding at the end the following new subclause:
‘‘(II) Any State or political subdivision thereof (and any person
acting as an agent of such an agency or instrumentality), in theadministration of any driver’s license or motor vehicle registrationlaw within its jurisdiction, may not display a social security accountnumber issued by the Commissioner of Social Security (or anyderivative of such number) on any driver’s license, motor vehicleregistration, or personal identification card (as defined in section7212(a)(2) of the 9/11 Commission Implementation Act of 2004),or include, on any such license, registration, or personal identifica-tion card, a magnetic strip, bar code, or other means of communica-tion which conveys such number (or derivative thereof).’’.
(b) E
FFECTIVE DATE.—The amendment made by subsection
(a)(2) shall apply with respect to licenses, registrations, and identi-fication cards issued or reissued 1 year after the date of enactmentof this Act.
(c) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated to the Commissioner of Social Security for eachof the fiscal years 2005 through 2009, such sums as may be nec-essary to carry out this section.
SEC. 7215. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with the
Director of the National Counterterrorism Center, and consistentwith the strategy developed under section 7201, shall establisha program to oversee the implementation of the Department’sresponsibilities with respect to terrorist travel, including the anal-
ysis, coordination, and dissemination of terrorist travel intelligenceand operational information—
(1) among appropriate subdivisions of the Department of
Homeland Security, including—
(A) the Bureau of Customs and Border Protection;(B) United States Immigration and Customs Enforce-
ment;
(C) United States Citizenship and Immigration Serv-
ices;6 USC 123.42 USC 405 note.
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(D) the Transportation Security Administration; and
(E) any other subdivision, as determined by the Sec-
retary; and(2) between the Department of Homeland Security and
other appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED
ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is amended
by striking ‘‘25 years’’ and inserting ‘‘30 years’’.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) I NGENERAL .—Not later than May 31, 2005, the Secretary
of State, in consultation with the Secretary of Homeland Security,shall submit a report, containing the results of a study on thesubjects described in subsection (b), to—
(1) the Committee on the Judiciary of the Senate;(2) the Committee on the Judiciary of the House of Rep-
resentatives;
(3) the Committee on Foreign Relations of the Senate;(4) the Committee on International Relations of the House
of Representatives;
(5) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and
(6) the Select Committee on Homeland Security of the
House of Representatives (or any successor committee).(b) C
ONTENTS .—The study referred to in subsection (a) shall
examine the feasibility, cost, potential benefits, and relative impor-tance to the objectives of tracking suspected terrorists’ travel, andapprehending suspected terrorists, of establishing a system, incoordination with other countries, through which border and visaissuance officials have access in real-time to information on newlyissued passports to persons whose previous passports were allegedlylost or stolen.
(c) I
NCENTIVES .—The study described in subsection (b) shall
make recommendations on incentives that might be offered toencourage foreign nations to participate in the initiatives describedin subsection (b).
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PRO-
GRAM IN THE DEPARTMENT OF STATE.
(a) E STABLISHMENT .—There is established, within the Bureau
of Diplomatic Security of the Department of State, the Visa andPassport Security Program (in this section referred to as the ‘‘Pro-gram’’).
(b) P
REPARATION OF STRATEGIC PLAN.—
(1) I N GENERAL .—The Assistant Secretary for Diplomatic
Security, in coordination with the appropriate officials of theBureau of Consular Affairs, the coordinator forcounterterrorism, the National Counterterrorism Center, andthe Department of Homeland Security, and consistent withthe strategy mandated by section 7201, shall ensure thepreparation of a strategic plan to target and disrupt individualsand organizations, within the United States and in foreigncountries, that are involved in the fraudulent production, dis-tribution, use, or other similar activity—
(A) of a United States visa or United States passport;22 USC 4807.Deadline.
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(B) of documents intended to help fraudulently procure
a United States visa or United States passport, or otherdocuments intended to gain unlawful entry into the UnitedStates; or
(C) of passports and visas issued by foreign countries
intended to gain unlawful entry into the United States.(2) E
MPHASIS .—The strategic plan shall—
(A) focus particular emphasis on individuals and
organizations that may have links to domestic terroristorganizations or foreign terrorist organizations (as suchterm is defined in section 219 of the Immigration andNationality Act (8 U.S.C. 1189));
(B) require the development of a strategic training
course under the Antiterrorism Assistance Training (ATA)program of the Department of State (or any successor orrelated program) under chapter 8 of part II of the ForeignAssistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or otherrelevant provisions of law) to train participants in theidentification of fraudulent documents and the forensicdetection of such documents which may be used to obtainunlawful entry into the United States; and
(C) determine the benefits and costs of providing tech-
nical assistance to foreign governments to ensure the secu-rity of passports, visas, and related documents and to inves-tigate, arrest, and prosecute individuals who facilitatetravel by the creation of false passports and visas, docu-ments to obtain such passports and visas, and other typesof travel documents.
(c) P
ROGRAM .—
(1) I NDIVIDUAL IN CHARGE .—
(A) D ESIGNATION .—The Assistant Secretary for Diplo-
matic Security shall designate an individual to be in chargeof the Program.
(B) Q
UALIFICATION .—The individual designated under
subparagraph (A) shall have expertise and experience inthe investigation and prosecution of visa and passportfraud.(2) P
ROGRAM COMPONENTS .—The Program shall include the
following:
(A) A NALYSIS OF METHODS .—Analyze, in coordination
with other appropriate government agencies, methods usedby terrorists to travel internationally, particularly the useof false or altered travel documents to illegally enter foreigncountries and the United States, and consult with theBureau of Consular Affairs and the Secretary of HomelandSecurity on recommended changes to the visa issuanceprocess that could combat such methods, including theintroduction of new technologies into such process.
(B) I
DENTIFICATION OF INDIVIDUALS AND DOCUMENTS .—
Identify, in cooperation with the Human Trafficking andSmuggling Center, individuals who facilitate travel by thecreation of false passports and visas, documents used toobtain such passports and visas, and other types of traveldocuments, and ensure that the appropriate agency is noti-fied for further investigation and prosecution or, in the
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case of such individuals abroad for which no further inves-
tigation or prosecution is initiated, ensure that all appro-priate information is shared with foreign governments inorder to facilitate investigation, arrest, and prosecutionof such individuals.
(C) I
DENTIFICATION OF FOREIGN COUNTRIES NEEDING
ASSISTANCE .—Identify foreign countries that need technical
assistance, such as law reform, administrative reform, pros-ecutorial training, or assistance to police and other inves-tigative services, to ensure passport, visa, and related docu-ment security and to investigate, arrest, and prosecuteindividuals who facilitate travel by the creation of falsepassports and visas, documents used to obtain such pass-ports and visas, and other types of travel documents.
(D) I
NSPECTION OF APPLICATIONS .—Randomly inspect
visa and passport applications for accuracy, efficiency, andfraud, especially at high terrorist threat posts, in orderto prevent a recurrence of the issuance of visas to thosewho submit incomplete, fraudulent, or otherwise irregularor incomplete applications.
(d) R
EPORT .—Not later than 90 days after the date on which
the strategy required under section 7201 is submitted to Congress,the Assistant Secretary for Diplomatic Security shall submit toCongress a report containing—
(1) a description of the strategic plan prepared under sub-
section (b); and
(2) an evaluation of the feasibility of establishing civil
service positions in field offices of the Bureau of DiplomaticSecurity to investigate visa and passport fraud, including anevaluation of whether to allow diplomatic security agents toconvert to civil service officers to fill such positions.
SEC. 7219. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
SEC. 7220. IDENTIFICATION STANDARDS.
(a) P ROPOSED STANDARDS .—
(1) I N GENERAL .—The Secretary of Homeland Security—
(A) shall propose minimum standards for identification
documents required of domestic commercial airline pas-sengers for boarding an aircraft; and
(B) may, from time to time, propose minimum stand-
ards amending or replacing standards previously proposedand transmitted to Congress and approved under this sec-tion.(2) S
UBMISSION TO CONGRESS .—Not later than 6 months
after the date of enactment of this Act, the Secretary shallsubmit the standards under paragraph (1)(A) to the Senateand the House of Representatives on the same day while eachHouse is in session.
(3) E
FFECTIVE DATE .—Any proposed standards submitted
to Congress under this subsection shall take effect when anapproval resolution is passed by the House and the Senateunder the procedures described in subsection (b) and becomeslaw.(b) C
ONGRESSIONAL APPROVAL PROCEDURES .—49 USC 44901note.8 USC 1202 note.
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(1) R ULEMAKING POWER .—This subsection is enacted by
Congress—
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively, andas such they are deemed a part of the rules of each House,respectively, but applicable only with respect to the proce-dure to be followed in that House in the case of suchapproval resolutions; and it supersedes other rules onlyto the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional right
of either House to change the rules (so far as relatingto the procedure of that House) at any time, in the samemanner and to the same extent as in the case of anyother rule of that House.(2) A
PPROVAL RESOLUTION .—For the purpose of this sub-
section, the term ‘‘approval resolution’’ means a joint resolutionof Congress, the matter after the resolving clause of whichis as follows: ‘‘That the Congress approves the proposed stand-ards issued under section 7220 of the 9/11 CommissionImplementation Act of 2004, transmitted by the President tothe Congress on llllll ’’, the blank space being filled
in with the appropriate date.
(3) I
NTRODUCTION .—Not later than the first day of session
following the day on which proposed standards are transmittedto the House of Representatives and the Senate under sub-section (a), an approval resolution—
(A) shall be introduced (by request) in the House by
the Majority Leader of the House of Representatives, forhimself or herself and the Minority Leader of the Houseof Representatives, or by Members of the House of Rep-resentatives designated by the Majority Leader andMinority Leader of the House; and
(B) shall be introduced (by request) in the Senate by
the Majority Leader of the Senate, for himself or herselfand the Minority Leader of the Senate, or by Membersof the Senate designated by the Majority Leader andMinority Leader of the Senate.(4) P
ROHIBITIONS .—
(A) A MENDMENTS .—No amendment to an approval
resolution shall be in order in either the House of Rep-resentatives or the Senate.
(B) M
OTIONS TO SUSPEND .—No motion to suspend the
application of this paragraph shall be in order in eitherHouse, nor shall it be in order in either House for thePresiding Officer to entertain a request to suspend theapplication of this paragraph by unanimous consent.(5) R
EFERRAL .—
(A) I N GENERAL .—An approval resolution shall be
referred to the committees of the House of Representativesand of the Senate with jurisdiction. Each committee shallmake its recommendations to the House of Representativesor the Senate, as the case may be, within 45 days afterits introduction. Except as provided in subparagraph (B),if a committee to which an approval resolution has beenreferred has not reported it at the close of the 45th dayDeadline.Deadline.
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after its introduction, such committee shall be automati-
cally discharged from further consideration of the resolu-tion and it shall be placed on the appropriate calendar.
(B) F
INAL PASSAGE .—A vote on final passage of the
resolution shall be taken in each House on or before theclose of the 15th day after the resolution is reported bythe committee or committees of that House to which itwas referred, or after such committee or committees havebeen discharged from further consideration of the resolu-tion.
(C) C
OMPUTATION OF DAYS .—For purposes of this para-
graph, in computing a number of days in either House,there shall be excluded any day on which that Houseis not in session.(6) C
OORDINATION WITH ACTION OF OTHER HOUSE .—If prior
to the passage by one House of an approval resolution of thatHouse, that House receives the same approval resolution fromthe other House, then the procedure in that House shall bethe same as if no approval resolution has been received fromthe other House, but the vote on final passage shall be onthe approval resolution of the other House.
(7) F
LOOR CONSIDERATION IN THE HOUSE OF REPRESENTA –
TIVES .—
(A) M OTION TO PROCEED .—A motion in the House of
Representatives to proceed to the consideration of anapproval resolution shall be highly privileged and notdebatable. An amendment to the motion shall not be inorder, not shall it be in order to move to reconsider thevote by which the motion is agreed to or disagreed to.
(B) D
EBATE .—Debate in the House of Representatives
on an implementing bill or approval resolution shall belimited to not more than 4 hours, which shall be dividedequally between those favoring and those opposing theresolution. A motion to further limit debate shall not bedebatable. It shall not be in order to move to recommitan approval resolution or to move to reconsider the voteby which an approval resolution is agreed to or disagreedto.
(C) M
OTION TO POSTPONE .—Motions to postpone made
in the House of Representatives with respect to the consid-eration of an approval resolution and motions to proceedto the consideration of other business shall be decidedwithout debate.
(D) A
PPEALS .—All appeals from the decisions of the
Chair relating to the application of the Rules of the Houseof Representatives to the procedure relating to an approvalresolution shall be decided without debate.
(E) R
ULES OF THE HOUSE OF REPRESENTATIVES .—Except
to the extent specifically provided in subparagraphs (A)through (D), consideration of an approval resolution shallbe governed by the Rules of the House of Representativesapplicable to other resolutions in similar circumstances.(8) F
LOOR CONSIDERATION IN THE SENATE .—
(A) M OTION TO PROCEED .—A motion in the Senate to
proceed to the consideration of an approval resolution shallbe privileged and not debatable. An amendment to themotion shall not be in order, nor shall it be in order
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to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(B) D EBATE ON RESOLUTION .—Debate in the Senate
on an approval resolution, and appeals in connection there-with, shall be limited to not more than 10 hours, whichshall be equally divided between, and controlled by, theMajority Leader and the Minority Leader, or their des-ignees.
(C) D
EBATE ON MOTIONS AND APPEALS .—Debate in the
Senate on any debatable motion or appeal in connectionwith an approval resolution shall be limited to not morethan 1 hour, which shall be equally divided between, andcontrolled by, the mover and the manager of the resolution,except that in the event the manager of the resolutionis in favor of any such motion or appeal, the time inopposition thereto, shall be controlled by the MinorityLeader or designee. Such leaders, or either of them, may,from time under their control on the passage of an approvalresolution, allot additional time to any Senator during theconsideration of any debatable motion or appeal.
(D) L
IMIT ON DEBATE .—A motion in the Senate to fur-
ther limit debate is not debatable. A motion to recommitan approval resolution is not in order.
(c) D
EFAULT STANDARDS .—
(1) I N GENERAL .—If the standards proposed under sub-
section (a)(1)(A) are not approved pursuant to the proceduresdescribed in subsection (b), then not later than 1 year afterrejection by a vote of either House of Congress, domesticcommercial airline passengers seeking to board an aircraft shallpresent, for identification purposes—
(A) a valid, unexpired passport;(B) domestically issued documents that the Secretary
of Homeland Security designates as reliable for identifica-tion purposes;
(C) any document issued by the Attorney General or
the Secretary of Homeland Security under the authorityof 1 of the immigration laws (as defined under section101(a)(17) of the Immigration and Nationality Act (8 U.S.C.1101(a)(17)); or
(D) a document issued by the country of nationality
of any alien not required to possess a passport for admis-sion to the United States that the Secretary designatesas reliable for identifications purposes(2) E
XCEPTION .—The documentary requirements described
in paragraph (1)—
(A) shall not apply to individuals below the age of
17, or such other age as determined by the Secretary ofHomeland Security;
(B) may be waived by the Secretary of Homeland Secu-
rity in the case of an unforeseen medical emergency.
(d) R
ECOMMENDATION TO CONGRESS .—Not later than 1 year
after the date of enactment of this Act, the Secretary of HomelandSecurity shall recommend to Congress—
(1) categories of Federal facilities that the Secretary deter-
mines to be at risk for terrorist attack and requiring minimumidentification standards for access to such facilities; andDeadline.Deadline.
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(2) appropriate minimum identification standards to gain
access to those facilities.
Subtitle C—National Preparedness
SEC. 7301. THE INCIDENT COMMAND SYSTEM.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) The attacks on September 11, 2001, demonstrated that
even the most robust emergency response capabilities can beoverwhelmed 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 decisionmakers who are represented at the incident
command level help to ensure an effective response, the efficientuse of resources, and responder safety.
(4) The incident command system also enables emergency
managers and first responders to manage, generate, receive,evaluate, share, and use information.
(5) Regular joint training at all levels is essential to
ensuring close coordination during an actual incident.
(6) In Homeland Security Presidential Directive 5, the
President directed the Secretary of Homeland Security todevelop an incident command system, to be known as theNational Incident Management System (NIMS), and directedall Federal agencies to make the adoption of NIMS a conditionfor the receipt of Federal emergency preparedness assistanceby States, territories, tribes, and local governments beginningin fiscal year 2005.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) the United States needs to implement the recommenda-
tions of the National Commission on Terrorist Attacks Uponthe United States by adopting a unified incident commandsystem and significantly enhancing communicationsconnectivity between and among all levels of government agen-cies, emergency response providers (as defined in section 2of the Homeland Security Act of 2002 (6 U.S.C. 101), andother organizations with emergency response capabilities;
(2) the unified incident command system should enable
emergency managers and first responders to manage, generate,receive, evaluate, share, and use information in the event ofa terrorist attack or a significant national disaster;
(3) emergency response agencies nationwide should adopt
the Incident Command System known as NIMS;
(4) when multiple agencies or multiple jurisdictions are
involved, they should follow a unified command system basedon NIMS;
(5) the regular use of, and training in, NIMS by States
and, to the extent practicable, territories, tribes, and localgovernments, should be a condition for receiving Federalpreparedness assistance; and
(6) the Secretary of Homeland Security should require,
as a further condition of receiving homeland security prepared-ness funds from the Office of State and Local GovernmentCoordination and Preparedness, that grant applicants document
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measures taken to fully and aggressively implement the
Incident Command System and unified command procedures.
SEC. 7302. NATIONAL CAPITAL REGION MUTUAL AID.
(a) D EFINITIONS .—In this section:
(1) A UTHORIZED REPRESENTATIVE OF THE FEDERAL GOVERN –
MENT .—The term ‘‘authorized representative of the Federal
Government’’ means any individual or individuals designatedby the President with respect to the executive branch, theChief Justice with respect to the Federal judiciary, or thePresident of the Senate and Speaker of the House of Represent-atives with respect to Congress, or their designees, to requestassistance under a mutual aid agreement for an emergencyor public service event.
(2) C
HIEF OPERATING OFFICER .—The term ‘‘chief operating
officer’’ means the official designated by law to declare anemergency in and for the locality of that chief operating officer.
(3) E
MERGENCY .—The term ‘‘emergency’’ means a major
disaster or emergency declared by the President, or a stateof emergency declared by the mayor of the District of Columbia,the Governor of the State of Maryland or the Commonwealthof Virginia, or the declaration of a local emergency by thechief operating officer of a locality, or their designees, thattriggers mutual aid under the terms of a mutual aid agreement.
(4) E
MPLOYEE .—The term ‘‘employee’’ means the employees
of the party, including its agents or authorized volunteers,who are committed in a mutual aid agreement to preparefor or who respond to an emergency or public service event.
(5) L
OCALITY .—The term ‘‘locality’’ means a county, city,
or town within the State of Maryland or the Commonwealthof Virginia and within the National Capital Region.
(6) M
UTUAL AID AGREEMENT .—The term ‘‘mutual aid agree-
ment’’ means an agreement, authorized under subsection (b),for the provision of police, fire, rescue and other public safetyand health or medical services to any party to the agreementduring a public service event, an emergency, or pre-plannedtraining event.
(7) N
ATIONAL CAPITAL REGION OR REGION .—The term
‘‘National Capital Region’’ or ‘‘Region’’ means the area definedunder section 2674(f)(2) of title 10, United States Code, andthose counties with a border abutting that area and any munici-palities therein.
(8) P
ARTY .—The term ‘‘party’’ means the State of Maryland,
the Commonwealth of Virginia, the District of Columbia, andany of the localities duly executing a Mutual Aid Agreementunder this section.
(9) P
UBLIC SERVICE EVENT .—The term ‘‘public service
event’’—
(A) means any undeclared emergency, incident or situa-
tion in preparation for or response to which the mayorof the District of Columbia, an authorized representativeof the Federal Government, the Governor of the Stateof Maryland, the Governor of the Commonwealth of Vir-ginia, or the chief operating officer of a locality in theNational Capital Region, or their designees, requests orprovides assistance under a Mutual Aid Agreement withinthe National Capital Region; and42 USC 5196note.
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(B) includes Presidential inaugurations, public gath-
erings, demonstrations and protests, and law enforcement,fire, rescue, emergency health and medical services,transportation, communications, public works andengineering, mass care, and other support that requirehuman resources, equipment, facilities or services supple-mental to or greater than the requesting jurisdiction canprovide.(10) S
TATE .—The term ‘‘State’’ means the State of Mary-
land, the Commonwealth of Virginia, and the District ofColumbia.
(11) T
RAINING .—The term ‘‘training’’ means emergency and
public service event-related exercises, testing, or other activitiesusing equipment and personnel to simulate performance ofany aspect of the giving or receiving of aid by National CapitalRegion jurisdictions during emergencies or public serviceevents, such actions occurring outside actual emergency orpublic service event periods.(b) M
UTUAL AIDAUTHORIZED .—
(1) I N GENERAL .—The mayor of the District of Columbia,
any authorized representative of the Federal Government, theGovernor of the State of Maryland, the Governor of theCommonwealth of Virginia, or the chief operating officer ofa locality, or their designees, acting within his or her jurisdic-tional purview, may, in accordance with State law, enter into,request or provide assistance under mutual aid agreementswith localities, the Washington Metropolitan Area TransitAuthority, 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 resourcesupport 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) F
ACILITATING LOCALITIES .—The State of Maryland and
the Commonwealth of Virginia are encouraged to facilitatethe ability of localities to enter into interstate mutual aidagreements in the National Capital Region under this section.
(3) A
PPLICATION AND EFFECT .—This section—
(A) does not apply to law enforcement security oper-
ations at special events of national significance under sec-tion 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 agree-ments in furtherance of their Federal missions; and
(C) does not—
(i) preclude any party from entering into supple-
mentary Mutual Aid Agreements with fewer than allthe parties, or with another party; or
(ii) affect any other agreement in effect before
the date of enactment of this Act among the States
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and localities, including the Emergency Management
Assistance Compact.
(4) R IGHTS DESCRIBED .—Other than as described in this
section, the rights and responsibilities of the parties to a mutualaid agreement entered into under this section shall be asdescribed in the mutual aid agreement.(c) D
ISTRICT OF COLUMBIA .—
(1) I N GENERAL .—The District of Columbia may purchase
liability and indemnification insurance or become self insuredagainst claims arising under a mutual aid agreement author-ized under this section.
(2) A
UTHORIZATION OF APPROPRIATIONS .—There are author-
ized to be appropriated such sums as may be necessary tocarry out paragraph (1).(d) L
IABILITY AND ACTIONS AT LAW.—
(1) I N GENERAL .—Any responding party or its officers or
employees rendering aid or failing to render aid to the Districtof Columbia, the Federal Government, the State of Maryland,the Commonwealth of Virginia, or a locality, under a mutualaid agreement authorized under this section, and any partyor its officers or employees engaged in training activities withanother party under such a mutual aid agreement, shall beliable on account of any act or omission of its officers oremployees while so engaged or on account of the maintenanceor use of any related equipment, facilities, or supplies, butonly to the extent permitted under the laws and proceduresof the State of the party rendering aid.
(2) A
CTIONS .—Any action brought against a party or its
officers or employees on account of an act or omission in therendering of aid to the District of Columbia, the FederalGovernment, the State of Maryland, the Commonwealth ofVirginia, or a locality, or failure to render such aid or onaccount of the maintenance or use of any related equipment,facilities, or supplies may be brought only under the lawsand procedures of the State of the party rendering aid andonly in the Federal or State courts located therein. Actionsagainst the United States under this section may be broughtonly in Federal courts.
(3) I
MMUNITIES .—This section shall not abrogate any other
immunities from liability that any party has under any otherFederal or State law.(e) W
ORKERS COMPENSATION .—
(1) C OMPENSATION .—Each party shall provide for the pay-
ment of compensation and death benefits to injured membersof the emergency forces of that party and representatives ofdeceased members of such forces if such members sustain
injuries or are killed while rendering aid to the District ofColumbia, the Federal Government, the State of Maryland,the Commonwealth of Virginia, or a locality, under a mutualaid agreement, or engaged in training activities under a mutualaid agreement, in the same manner and on the same termsas if the injury or death were sustained within their ownjurisdiction.
(2) O
THER STATE LAW .—No party shall be liable under
the law of any State other than its own for providing forthe payment of compensation and death benefits to injured
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members of the emergency forces of that party and representa-
tives of deceased members of such forces if such memberssustain injuries or are killed while rendering aid to the Districtof Columbia, the Federal Government, the State of Maryland,the Commonwealth of Virginia, or a locality, under a mutualaid agreement or engaged in training activities under a mutualaid agreement.(f) L
ICENSES AND PERMITS .—If any person holds a license, cer-
tificate, or other permit issued by any responding party evidencingthe meeting of qualifications for professional, mechanical, or otherskills and assistance is requested by a receiving jurisdiction, suchperson will be deemed licensed, certified, or permitted by thereceiving jurisdiction to render aid involving such skill to meeta public service event, emergency or training for any such events.
SEC. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS
INTEROPERABILITY.
(a) C OORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMU –
NICATIONS PROGRAMS .—
(1) P ROGRAM .—The Secretary of Homeland Security, in con-
sultation with the Secretary of Commerce and the Chairmanof the Federal Communications Commission, shall establisha program to enhance public safety interoperable communica-tions at all levels of government. Such program shall—
(A) establish a comprehensive national approach to
achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying
out subparagraph (A);
(C) develop, in consultation with other appropriate Fed-
eral agencies and State and local authorities, appropriateminimum capabilities for communications interoperabilityfor Federal, State, and local public safety agencies;
(D) accelerate, in consultation with other Federal agen-
cies, including the National Institute of Standards andTechnology, the private sector, and nationally recognizedstandards organizations as appropriate, the developmentof national voluntary consensus standards for public safetyinteroperable communications, recognizing—
(i) the value, life cycle, and technical capabilities
of existing communications infrastructure;
(ii) the need for cross-border interoperability
between States and nations;
(iii) the unique needs of small, rural communities;
and
(iv) the interoperability needs for daily operations
and catastrophic events;(E) encourage the development and implementation
of flexible and open architectures incorporating, where pos-sible, technologies that currently are commercially avail-able, with appropriate levels of security, for short-termand long-term solutions to public safety communicationsinteroperability;
(F) assist other Federal agencies in identifying prior-
ities for research, development, and testing and evaluationwith regard to public safety interoperable communications;
(G) identify priorities within the Department of Home-
land Security for research, development, and testing and6 USC 194.
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evaluation with regard to public safety interoperable
communications;
(H) establish coordinated guidance for Federal grant
programs for public safety interoperable communications;
(I) provide technical assistance to State and local public
safety agencies regarding planning, acquisition strategies,interoperability architectures, training, and other functionsnecessary to achieve public safety communications inter-operability;
(J) develop and disseminate best practices to improve
public safety communications interoperability; and
(K) develop appropriate performance measures and
milestones to systematically measure the Nation’s progresstoward achieving public safety communications interoper-ability, including the development of national voluntaryconsensus standards.(2) O
FFICE FOR INTEROPERABILITY AND COMPATIBILITY .—
(A) E STABLISHMENT OF OFFICE .—The Secretary may
establish an Office for Interoperability and Compatibilitywithin the Directorate of Science and Technology to carryout this subsection.
(B) F
UNCTIONS .—If the Secretary establishes such
office, the Secretary shall, through such office—
(i) carry out Department of Homeland Security
responsibilities and authorities relating to theSAFECOM Program; and
(ii) carry out section 510 of the Homeland Security
Act of 2002, as added by subsection (d).
(3) A
UTHORIZATION OF APPROPRIATIONS .—There are author-
ized to be appropriated to the Secretary to carry out thissubsection—
(A) $22,105,000 for fiscal year 2005;(B) $22,768,000 for fiscal year 2006;(C) $23,451,000 for fiscal year 2007;(D) $24,155,000 for fiscal year 2008; and(E) $24,879,000 for fiscal year 2009.
(b) R
EPORT .—Not later than 120 days after the date of enact-
ment of this Act, the Secretary shall report to the Congress onDepartment of Homeland Security plans for accelerating thedevelopment of national voluntary consensus standards for publicsafety interoperable communications, a schedule of milestones forsuch development, and achievements of such development.
(c) I
NTERNATIONAL INTEROPERABILITY .—Not later than 18
months after the date of enactment of this Act, the Presidentshall establish a mechanism for coordinating cross-border interoper-ability issues between—
(1) the United States and Canada; and(2) the United States and Mexico.
(d) H
IGH RISKAREA COMMUNICATIONS CAPABILITIES .—Title V
of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) isamended by adding at the end the following:
‘‘SEC. 510. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS
CAPABILITIES.
‘‘(a) I NGENERAL .—The Secretary, in consultation with the Fed-
eral Communications Commission and the Secretary of Defense,and with appropriate governors, mayors, and other State and local6 USC 321.Deadline.
President.Canada.Mexico.
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government officials, shall provide technical guidance, training, and
other assistance, as appropriate, to support the rapid establishmentof consistent, secure, and effective interoperable communicationscapabilities in the event of an emergency in urban and other areasdetermined by the Secretary to be at consistently high levels ofrisk from terrorist attack.
‘‘(b) M
INIMUM CAPABILITIES .—The interoperable communica-
tions capabilities established under subsection (a) shall ensure theability of all levels of government agencies, emergency responseproviders (as defined in section 2 of the Homeland Security Actof 2002 (6 U.S.C. 101)), and other organizations with emergencyresponse capabilities—
‘‘(1) to communicate with each other in the event of an
emergency; and
‘‘(2) to have appropriate and timely access to the Informa-
tion Sharing Environment described in section 1016 of theNational Security Intelligence Reform Act of 2004.’’.(e) M
ULTIYEAR INTEROPERABILITY GRANTS .—
(1) M ULTIYEAR COMMITMENTS .—In awarding grants to any
State, region, local government, or Indian tribe for the purposesof enhancing interoperable communications capabilities foremergency response providers, the Secretary may commit toobligate Federal assistance beyond the current fiscal year, sub-ject to the limitations and restrictions in this subsection.
(2) R
ESTRICTIONS .—
(A) T IME LIMIT .—No multiyear interoperability commit-
ment may exceed 3 years in duration.
(B) A MOUNT OF COMMITTED FUNDS .—The total amount
of assistance the Secretary has committed to obligate forany future fiscal year under paragraph (1) may not exceed$150,000,000.(3) L
ETTERS OF INTENT .—
(A) I SSUANCE .—Pursuant to paragraph (1), the Sec-
retary may issue a letter of intent to an applicant commit-ting to obligate from future budget authority an amount,not more than the Federal Government’s share of theproject’s cost, for an interoperability communicationsproject (including interest costs and costs of formulatingthe project).
(B) S
CHEDULE .—A letter of intent under this paragraph
shall establish a schedule under which the Secretary willreimburse the applicant for the Federal Government’sshare of the project’s costs, as amounts become available,if the applicant, after the Secretary issues the letter, carriesout the project before receiving amounts under a grantissued by the Secretary.
(C) N
OTICE TO SECRETARY .—An applicant that is issued
a letter of intent under this subsection shall notify theSecretary of the applicant’s intent to carry out a projectpursuant to the letter before the project begins.
(D) N
OTICE TO CONGRESS .—The Secretary shall
transmit a written notification to the Congress no laterthan 3 days before the issuance of a letter of intent underthis section.
(E) L
IMITATIONS .—A letter of intent issued under this
section is not an obligation of the Government under section1501 of title 31, United States Code, and is not deemedDeadline.
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to be an administrative commitment for financing. An
obligation or administrative commitment may be made onlyas amounts are provided in authorization and appropria-tions laws.
(F) S
TATUTORY CONSTRUCTION .—Nothing in this sub-
section shall be construed—
(i) to prohibit the obligation of amounts pursuant
to a letter of intent under this subsection in the samefiscal year as the letter of intent is issued; or
(ii) to apply to, or replace, Federal assistance
intended for interoperable communications that is notprovided pursuant to a commitment under this sub-section.
(f) I
NTEROPERABLE COMMUNICATIONS PLANS .—Any applicant
requesting funding assistance from the Secretary for interoperablecommunications for emergency response providers shall submit anInteroperable Communications Plan to the Secretary for approval.Such a plan shall—
(1) describe the current state of communications interoper-
ability in the applicable jurisdictions among Federal, State,and local emergency response providers and other relevantprivate resources;
(2) describe the available and planned use of public safety
frequency spectrum and resources for interoperable communica-tions within such jurisdictions;
(3) describe how the planned use of spectrum and resources
for interoperable communications is compatible with sur-rounding capabilities and interoperable communications plansof Federal, State, and local governmental entities, militaryinstallations, foreign governments, critical infrastructure, andother relevant entities;
(4) include a 5-year plan for the dedication of Federal,
State, and local government and private resources to achievea consistent, secure, and effective interoperable communicationssystem, including planning, system design and engineering,testing and technology development, procurement and installa-tion, training, and operations and maintenance; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by
the Secretary.(g) D
EFINITIONS .—In this section:
(1) I NTEROPERABLE COMMUNICATIONS .—The term ‘‘inter-
operable communications’’ means the ability of emergencyresponse providers and relevant Federal, State, and localgovernment agencies to communicate with each other as nec-essary, through a dedicated public safety network utilizinginformation technology systems and radio communications sys-tems, and to exchange voice, data, or video with one anotheron demand, in real time, as necessary.
(2) E
MERGENCY RESPONSE PROVIDERS .—The term ‘‘emer-
gency response providers’’ has the meaning that term has undersection 2 of the Homeland Security Act of 2002 (6 U.S.C.101).(h) C
LARIFICATION OF RESPONSIBILITY FOR INTEROPERABLE
COMMUNICATIONS .—
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(1) U NDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE .—Section 502(7) of the Homeland Security Act of
2002 (6 U.S.C. 312(7)) is amended—
(A) by striking ‘‘developing comprehensive programs
for developing interoperative communications technology,and’’; and
(B) by striking ‘‘such’’ and inserting ‘‘interoperable
communications’’.(2) O
FFICE FOR DOMESTIC PREPAREDNESS .—Section 430(c)
of such Act (6 U.S.C. 238(c)) is amended—
(A) in paragraph (7) by striking ‘‘and’’ after the semi-
colon;
(B) in paragraph (8) by striking the period and
inserting ‘‘; and’’; and
(C) by adding at the end the following:
‘‘(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments andemergency response providers.’’.(i) S
ENSE OF CONGRESS REGARDING INTEROPERABLE COMMU –
NICATIONS .—
(1) F INDING .—The Congress finds that—
(A) many first responders working in the same jurisdic-
tion or in different jurisdictions cannot effectively and effi-ciently communicate with one another; and
(B) their inability to do so threatens the public’s safety
and may result in unnecessary loss of lives and property.(2) S
ENSE OF CONGRESS .—It is the sense of Congress that
interoperable emergency communications systems and radiosshould continue to be deployed as soon as practicable for useby the first responder community, and that upgraded and newdigital communications systems and new digital radios mustmeet prevailing national, voluntary consensus standards forinteroperability.
SEC. 7304. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
(a) P ILOT PROJECTS .—Consistent with sections 302 and 430
of the Homeland Security Act of 2002 (6 U.S.C. 182, 238), notlater than 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall establish not fewer than2 pilot projects in high threat urban areas or regions that arelikely to implement a national model strategic plan.
(b) P
URPOSES .—The purposes of the pilot projects required by
this section shall be to develop a regional strategic plan to fosterinteragency communication in the area in which it is establishedand coordinate the gathering of all Federal, State, and local firstresponders in that area, consistent with the national strategic plandeveloped by the Department of Homeland Security.
(c) S
ELECTION CRITERIA .—In selecting urban areas for the loca-
tion of pilot projects under this section, the Secretary shallconsider—
(1) the level of risk to the area, as determined by the
Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement
agencies located in the area;
(3) the number of potential victims from a large scale
terrorist attack in the area; andDeadline.6 USC 194 note.
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(4) such other criteria reflecting a community’s risk and
vulnerability as the Secretary determines is appropriate.(d) I
NTERAGENCY ASSISTANCE .—The Secretary of Homeland
Security shall consult with the Secretary of Defense as necessaryfor the development of the pilot projects required by this section,including examining relevant standards, equipment, and protocolsin order to improve interagency communication among firstresponders.
(e) R
EPORTS TO CONGRESS .—The Secretary of Homeland Secu-
rity shall submit to Congress—
(1) an interim report regarding the progress of the inter-
agency communications pilot projects required by this section6 months after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) F
UNDING .—There are authorized to be made available to
the Secretary of Homeland Security, such sums as may be necessaryto carry out this section.
SEC. 7305. PRIVATE SECTOR PREPAREDNESS.
(a) F INDINGS .—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congressmakes the following findings:
(1) Private sector organizations own 85 percent of the
Nation’s critical infrastructure and employ the vast majorityof the Nation’s workers.
(2) Preparedness in the private sector and public sector
for rescue, restart and recovery of operations should include,as appropriate—
(A) a plan for evacuation;(B) adequate communications capabilities; and(C) a plan for continuity of operations.
(3) The American National Standards Institute rec-
ommends a voluntary national preparedness standard for theprivate sector based on the existing American NationalStandard on Disaster/Emergency Management and BusinessContinuity Programs (NFPA 1600), with appropriate modifica-tions. This standard establishes a common set of criteria andterminology for preparedness, disaster management, emergencymanagement, and business continuity programs.
(4) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as govern-ment entities.(b) S
ENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS .—
It is the sense of Congress that the Secretary of Homeland Securityshould promote, where appropriate, the adoption of voluntarynational preparedness standards such as the private sectorpreparedness standard developed by the American National Stand-
ards Institute and based on the National Fire Protection Association1600 Standard on Disaster/Emergency Management and BusinessContinuity Programs.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESS-
MENTS.
(a) F INDINGS .—Congress makes the following findings:
(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 andInfrastructure Protection, has the responsibility—
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(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastruc-ture of the United States, including the performance ofrisk assessments to determine the risks posed by particulartypes 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 ofthe United States.(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland Secu-rity was given 1 year to develop a comprehensive plan toidentify, prioritize, and coordinate the protection of criticalinfrastructure and key resources.
(3) The report of the National Commission on Terrorist
Attacks Upon the United States recommended that the Sec-retary of Homeland Security should—
(A) identify those elements of the United States’
transportation, energy, communications, financial, andother institutions that need to be protected;
(B) develop plans to protect that infrastructure; and(C) exercise mechanisms to enhance preparedness.
(b) R
EPORTS ON RISKASSESSMENT AND READINESS .—Not later
than 180 days after the date of enactment of this Act, and inconjunction with the reporting requirements of Public Law 108–330, the Secretary of Homeland Security shall submit a reportto Congress on—
(1) the Department of Homeland Security’s progress in
completing vulnerability and risk assessments of the Nation’scritical 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. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED
STATES HOMELAND.
It is the sense of Congress that the Secretary of Defense should
regularly assess the adequacy of the plans and strategies of theUnited States Northern Command with a view to ensuring thatthe United States Northern Command is prepared to respond effec-tively to all military and paramilitary threats within the UnitedStates, should it be called upon to do so by the President.
SEC. 7308. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle
shall take effect on the date of enactment of this Act.
Subtitle D—Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass legislation
in the first session of the 109th Congress to reform the systemfor distributing grants to enhance State and local governmentprevention of, preparedness for, and response to acts of terrorism.6 USC 194 note.
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SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public
Law 107–296; 6 U.S.C. 112(f)) is amended—
(1) in paragraph (6), by striking ‘‘and’’ at the end;(2) in paragraph (7), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following:‘‘(8) coordinating industry efforts, with respect to functions
of the Department of Homeland Security, to identify privatesector resources and capabilities that could be effective insupplementing Federal, State, and local government agencyefforts to prevent or respond to a terrorist attack;
‘‘(9) coordinating with the Directorate of Border and
Transportation Security and the Assistant Secretary for TradeDevelopment of the Department of Commerce on issues relatedto the travel and tourism industries; and
‘‘(10) consulting with the Office of State and Local Govern-
ment Coordination and Preparedness on all matters of concernto the private sector, including the tourism industry.’’.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICA-
TION SYSTEM.
(a) S TUDY .—The Secretary of Homeland Security, in coordina-
tion with the Chairman of the Federal Communications Commis-sion, and in consultation with the heads of other appropriate Fed-eral agencies and representatives of providers and participantsin the telecommunications industry, shall conduct a study to deter-mine whether it is cost-effective, efficient, and feasible to establishand implement an emergency telephonic alert notification systemthat will—
(1) alert persons in the United States of imminent or cur-
rent hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding appropriate
measures that may be undertaken to alleviate or minimizethreats to their safety and welfare posed by such events.(b) T
ECHNOLOGIES TOCONSIDER .—In conducting the study, the
Secretary shall consider the use of the telephone, wireless commu-nications, and other existing communications networks to providesuch notification.
(c) R
EPORT .—Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall submit to Congress a reportregarding the conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE
MODERN DIGITAL AGE.
(a) P ILOT STUDY .—The Secretary of Homeland Security, from
funds made available for improving the national system to notifythe general public in the event of a terrorist attack, and in consulta-tion with the Attorney General, the Secretary of Transportation,the heads of other appropriate Federal agencies, the NationalAssociation of State Chief Information Officers, and other stake-holders with respect to public warning systems, shall conduct apilot study under which the Secretary of Homeland Security mayissue public warnings regarding threats to homeland security usinga warning system that is similar to the AMBER Alert communica-tions network.
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(b) R EPORT .—Not later than 9 months after the date of enact-
ment of this Act, the Secretary of Homeland Security shall submitto Congress a report regarding the findings, conclusions, and rec-ommendations of the pilot study.
(c) P
ROHIBITION ON USE OF HIGHWAY TRUST FUND.—No funds
derived from the Highway Trust Fund may be transferred to, madeavailable to, or obligated by the Secretary of Homeland Securityto carry out this section.
SEC. 7405. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to prevent,prepare for, and respond to acts of terrorism and other majordisasters and emergencies among the divisions of the Departmentof Homeland Security, including the Directorate of EmergencyPreparedness and Response and the Office for State and LocalGovernment Coordination and Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(h)) is amended—
(1) by redesignating paragraphs (1), (2), and (3) as para-
graphs (2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so redesignated); and(3) by striking the subsection designation and heading and
inserting the following:‘‘(h) E
MERGENCY PREPAREDNESS COMPACTS .—(1) The Director
shall establish a program supporting the development of emergencypreparedness compacts for acts of terrorism, disasters, and emer-gencies throughout the Nation, by—
‘‘(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters, andemergencies at the State and local levels of government;
‘‘(B) disseminating to State and local governments examples
of best practices in the development of emergency preparednesscompacts and models of existing emergency preparedness com-pacts, including agreements involving interstate jurisdictions;and
‘‘(C) completing an inventory of Federal response capabili-
ties for acts of terrorism, disasters, and emergencies, makingsuch inventory available to appropriate Federal, State, andlocal government officials, and ensuring that such inventoryis as current and accurate as practicable.’’.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) A MENDMENT .—Section 878 of the Homeland Security Act
of 2002 (6 U.S.C. 458) is amended to read as follows:
‘‘SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
‘‘(a) O FFICE .—There is established in the Department an Office
of Counternarcotics Enforcement, which shall be headed by aDirector appointed by the President, by and with the advice andconsent of the Senate.
‘‘(b) A
SSIGNMENT OF PERSONNEL .—
‘‘(1) I N GENERAL .—The Secretary shall assign permanent
staff to the Office, consistent with effective management ofDepartment resources.Establishment.President.Congress.6 USC 112 note.
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‘‘(2) L IAISONS .—The Secretary shall designate senior
employees from each appropriate subdivision of the Departmentthat has significant counternarcotics responsibilities to act asa liaison between that subdivision and the Office of Counter-narcotics Enforcement.‘‘(c) L
IMITATION ON CONCURRENT EMPLOYMENT .—Except as pro-
vided in subsection (d), the Director of the Office of CounternarcoticsEnforcement shall not be employed by, assigned to, or serve asthe head of, any other branch of the Federal Government, anyState or local government, or any subdivision of the Departmentother than the Office of Counternarcotics Enforcement.
‘‘(d) E
LIGIBILITY TOSERVE AS THE UNITED STATES INTERDICTION
COORDINATOR .—The Director of the Office of Counternarcotics
Enforcement may be appointed as the United States InterdictionCoordinator by the Director of the Office of National Drug ControlPolicy, and shall be the only person at the Department eligibleto be so appointed.
‘‘(e) R
ESPONSIBILITIES .—The Secretary shall direct the Director
of the Office of Counternarcotics Enforcement—
‘‘(1) to coordinate policy and operations within the Depart-
ment, between the Department and other Federal departmentsand agencies, and between the Department and State andlocal agencies with respect to stopping the entry of illegaldrugs into the United States;
‘‘(2) to ensure the adequacy of resources within the Depart-
ment for stopping the entry of illegal drugs into the UnitedStates;
‘‘(3) to recommend the appropriate financial and personnel
resources necessary to help the Department better fulfill itsresponsibility to stop the entry of illegal drugs into the UnitedStates;
‘‘(4) within the Joint Terrorism Task Force construct to
track and sever connections between illegal drug traffickingand terrorism; and
‘‘(5) to be a representative of the Department on all task
forces, committees, or other entities whose purpose is to coordi-nate the counternarcotics enforcement activities of the Depart-ment and other Federal, State or local agencies.‘‘(f) S
AVINGS CLAUSE .—Nothing in this section shall be con-
strued to authorize direct control of the operations conducted bythe Directorate of Border and Transportation Security, the CoastGuard, or joint terrorism task forces.
‘‘(g) R
EPORTS TO CONGRESS .—
‘‘(1) A NNUAL BUDGET REVIEW .—The Director of the Office
of Counternarcotics Enforcement shall, not later than 30 daysafter the submission by the President to Congress of anyrequest for expenditures for the Department, submit to theCommittees on Appropriations and the authorizing committeesof jurisdiction of the House of Representatives and the Senatea review and evaluation of such request. The review and evalua-tion shall—
‘‘(A) identify any request or subpart of any request
that affects or may affect the counternarcotics activitiesof the Department or any of its subdivisions, or that affectsthe ability of the Department or any subdivision of theDepartment to meet its responsibility to stop the entryof illegal drugs into the United States;
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‘‘(B) describe with particularity how such requested
funds would be or could be expended in furtherance ofcounternarcotics activities; and
‘‘(C) compare such requests with requests for expendi-
tures and amounts appropriated by Congress in the pre-vious fiscal year.‘‘(2) E
VALUATION OF COUNTERNARCOTICS ACTIVITIES .—The
Director of the Office of Counternarcotics Enforcement shall,not later than February 1 of each year, submit to the Commit-tees on Appropriations and the authorizing committees of juris-diction of the House of Representatives and the Senate a reviewand evaluation of the counternarcotics activities of the Depart-ment for the previous fiscal year. The review and evaluationshall—
‘‘(A) describe the counternarcotics activities of the
Department and each subdivision of the Department(whether individually or in cooperation with other subdivi-sions of the Department, or in cooperation with otherbranches of the Federal Government or with State or localagencies), including the methods, procedures, and systems(including computer systems) for collecting, analyzing,sharing, and disseminating information concerning nar-cotics activity within the Department and between theDepartment and other Federal, State, and local agencies;
‘‘(B) describe the results of those activities, using quan-
tifiable data whenever possible;
‘‘(C) state whether those activities were sufficient to
meet the responsibility of the Department to stop the entryof illegal drugs into the United States, including a descrip-tion of the performance measures of effectiveness that wereused in making that determination; and
‘‘(D) recommend, where appropriate, changes to those
activities to improve the performance of the Departmentin meeting its responsibility to stop the entry of illegaldrugs into the United States.‘‘(3) C
LASSIFIED OR LAW ENFORCEMENT SENSITIVE INFORMA –
TION .—Any content of a review and evaluation described in
the reports required in this subsection that involves informationclassified under criteria established by an Executive order,or whose public disclosure, as determined by the Secretary,would be detrimental to the law enforcement or national secu-rity activities of the Department or any other Federal, State,or local agency, shall be presented to Congress separately fromthe rest of the review and evaluation.’’.(b) C
ONFORMING AMENDMENTS .—Section 103(a) of the Home-
land Security Act of 2002 (6 U.S.C. 113(a)) is amended—
(1) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:‘‘(8) A Director of the Office of Counternarcotics Enforce-
ment.’’.(c) A
UTHORIZATION OF APPROPRIATIONS .—Of the amounts appro-
priated for the Department of Homeland Security for Departmentalmanagement and operations for fiscal year 2005, there is authorizedup to $6,000,000 to carry out section 878 of the Department ofHomeland Security Act of 2002.Deadline.
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SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) I NGENERAL .—Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by addingat the end the following:
‘‘SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES
IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
‘‘(a) I NGENERAL .—Each subdivision of the Department that
is a National Drug Control Program Agency shall include as oneof the criteria in its performance appraisal system, for eachemployee directly or indirectly involved in the enforcement of Fed-eral, State, or local narcotics laws, the performance of that employeewith respect to the enforcement of Federal, State, or local narcoticslaws, relying to the greatest extent practicable on objective perform-ance measures, including—
‘‘(1) the contribution of that employee to seizures of nar-
cotics and arrests of violators of Federal, State, or local narcoticslaws; and
‘‘(2) the degree to which that employee cooperated with
or contributed to the efforts of other employees, either withinthe Department or other Federal, State, or local agencies, incounternarcotics enforcement.‘‘(b) D
EFINITIONS .—For purposes of this section—
‘‘(1) the term ‘National Drug Control Program Agency’
means—
‘‘(A) a National Drug Control Program Agency, as
defined in section 702(7) of the Office of National DrugControl Policy Reauthorization Act of 1998 (as last ineffect); and
‘‘(B) any subdivision of the Department that has a
significant counternarcotics responsibility, as determinedby—
‘‘(i) the counternarcotics officer, appointed under
section 878; or
‘‘(ii) if applicable, the counternarcotics officer’s suc-
cessor in function (as determined by the Secretary);and
‘‘(2) the term ‘performance appraisal system’ means a
system under which periodic appraisals of job performanceof employees are made, whether under chapter 43 of title 5,United States Code, or otherwise.’’.(b) C
LERICAL AMENDMENT .—The table of contents for the Home-
land Security Act of 2002 is amended by inserting after the itemrelating to section 842 the following:
‘‘Sec. 843. Use of counternarcotics enforcement activities in certain employee per-
formance appraisals.’’.
Subtitle E—Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) F INDINGS .—Congress finds the following:
(1) Congress granted television broadcasters additional 6
megahertz blocks of spectrum to transmit digital broadcasts6 USC 413.
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simultaneously with the analog broadcasts they submit on their
original 6 megahertz blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of 1934
(47 U.S.C. 309(j)(14)) requires each television broadcaster tocease analog transmissions and return 6 megahertz of spectrumnot later than—
(A) December 31, 2006; or(B) the date on which more than 85 percent of the
television households in the market of such broadcastercan view digital broadcast television channels using a dig-ital television, a digital-to-analog converter box, cableservice, or satellite service.(3) Twenty-four megahertz of spectrum occupied by tele-
vision broadcasters has been earmarked for use by firstresponders as soon as the television broadcasters return thespectrum broadcasters being used to provide analog trans-missions. This spectrum would be ideal to provide firstresponders with interoperable communications channels.
(4) Large parts of the vacated spectrum could be auctioned
for advanced commercial services, such as wireless broadband.
(5) The 85 percent penetration test described in paragraph
(2)(B) could delay the termination of analog television broad-casts and the return of spectrum well beyond 2007, hinderingthe use of that spectrum for these important public safetyand advanced commercial uses.
(6) While proposals to require broadcasters to return, on
a date certain, the spectrum earmarked for future public safetyuse may improve the ability of public safety entities to beginplanning for use of this spectrum, such proposals have certaindeficiencies. The proposals would require the dislocation ofup to 75 broadcast stations, which also serve a critical publicsafety function by broadcasting weather, traffic, disaster, andother safety alerts. Such disparate treatment of broadcasterswould be unfair to the broadcasters and their respectiveviewers. Requiring the return of all analog broadcast spectrumby a date certain would have the benefit of addressing thedigital television transition in a comprehensive fashion thattreats all broadcasters and viewers equally, while freeing spec-trum for advanced commercial services.
(7) The Federal Communications Commission should con-
sider all regulatory means available to expedite the returnof the analog spectrum.(b) S
ENSE OF CONGRESS .—It is the sense of Congress that—
(1) Congress must act to pass legislation in the first session
of the 109th Congress that establishes a comprehensiveapproach to the timely return of analog broadcast spectrumas early as December 31, 2006; and
(2) any delay in the adoption of the legislation described
in paragraph (1) will delay the ability of public safety entitiesto begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND
REQUIREMENTS.
(a) A LLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE PRO-
VIDERS .—The Federal Communications Commission shall, in con-
sultation with the Secretary of Homeland Security and the NationalTelecommunications and Information Administration, conduct a
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study to assess short-term and long-term needs for allocations of
additional portions of the electromagnetic spectrum for Federal,State, and local emergency response providers, including whetheror not an additional allocation of spectrum in the 700 megahertzband should be granted by Congress to such emergency responseproviders.
(b) S
TRATEGIES TOMEETPUBLIC SAFETY TELECOMMUNICATIONS
REQUIREMENTS .—The Secretary of Homeland Security shall, in con-
sultation with the Federal Communications Commission and theNational Telecommunications and Information Administration, con-duct a study to assess strategies that may be used to meet publicsafety telecommunications needs, including—
(1) the need and efficacy of deploying nationwide interoper-
able communications networks (including the potential tech-nical and operational standards and protocols for nationwideinteroperable broadband mobile communications networks thatmay be used by Federal, State, regional, and local governmentaland nongovernmental public safety, homeland security, andother emergency response personnel);
(2) the capacity of public safety entities to utilize wireless
broadband applications; and
(3) the communications capabilities of all emergency
response providers, including hospitals and health care workers,and current efforts to promote communications coordinationand training among emergency response providers.(c) S
TUDY REQUIREMENTS .—In conducting the studies required
by subsections (a) and (b), the Secretary of Homeland Securityand the Federal Communications Commission shall—
(1) seek input from Federal, State, local, and regional emer-
gency response providers regarding the operation and adminis-tration of a potential nationwide interoperable broadbandmobile communications network; and
(2) consider the use of commercial wireless technologies
to the greatest extent practicable.(d) R
EPORTS .—(1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission(in the case of the study required by subsection (a)) and the Sec-retary of Homeland Security (in the case of the study requiredby subsection (b)) shall submit to the appropriate committees ofCongress a report on such study, including the findings of suchstudy.
(2) In this subsection, the term ‘‘appropriate committees of
Congress’’ means—
(A) the Committee on Commerce, Science, and Transpor-
tation and the Committee on Homeland Security and Govern-mental Affairs of the Senate; and
(B) the Committee on Energy and Commerce and the Select
Committee on Homeland Security of the House of Representa-tives.
Subtitle F—Presidential Transition
SEC. 7601. PRESIDENTIAL TRANSITION.
(a) S ERVICES 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:
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‘‘(v) Activities under this paragraph shall include
the preparation of a detailed classified, compartmentedsummary by the relevant outgoing executive branchofficials of specific operational threats to national secu-rity; major military or covert operations; and pendingdecisions on possible uses of military force. This sum-mary shall be provided to the President-elect as soonas possible after the date of the general elections heldto determine the electors of President and Vice Presi-dent under section 1 or 2 of title 3, United StatesCode.’’;
(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 Federal Bureau
of Investigation or other appropriate agency and then, upon takingeffect and designation, to the agency designated by the Presidentunder section 115(b) of the National Intelligence Reform Act of2004, the names of candidates for high level national securitypositions through the level of undersecretary of cabinet departmentsas soon as possible after the date of the general elections heldto determine the electors of President and Vice President undersection 1 or 2 of title 3, United States Code.
‘‘(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigationsnecessary to provide appropriate security clearances to the individ-uals who are candidates described under paragraph (1) before thedate of the inauguration of the President-elect as President andthe inauguration of the Vice-President-elect as Vice President.’’.
(b) S
ENSE OF THE SENATE REGARDING EXPEDITED CONSIDER –
ATION 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, throughthe level of undersecretary of cabinet departments, to theSenate by the date of the inauguration of the President-electas President; and
(2) for all such national security nominees received by
the date of inauguration, the Senate committees to which thesenominations are referred should, to the fullest extent possible,complete their consideration of these nominations, and, if suchnominations are reported by the committees, the full Senateshould vote to confirm or reject these nominations, within 30days of their submission.(c) S
ECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS .—
(1) D EFINITION .—In this section, the term ‘‘major party’’
shall have the meaning given under section 9002(6) of the
Internal Revenue Code of 1986.
(2) I N GENERAL .—Each major party candidate for President
may submit, before the date of the general election, requestsfor security clearances for prospective transition team memberswho will have a need for access to classified information tocarry out their responsibilities as members of the President-elect’s transition team.
(3) C
OMPLETION DATE .—Necessary background investiga-
tions and eligibility determinations to permit appropriateprospective transition team members to have access to classified50 USC 435b
note.President.
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information shall be completed, to the fullest extent practicable,
by the day after the date of the general election.(d) E
FFECTIVE DATE.—Notwithstanding section 351, this section
and the amendments made by this section shall take effect onthe date of enactment of this Act.
Subtitle G—Improving International
Standards and Cooperation to Fight Ter-rorist Financing
SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERA-
TION TO FIGHT TERRORIST FINANCING.
(a) F INDINGS .—Congress makes the following findings:
(1) The global war on terrorism and cutting off terrorist
financing is a policy priority for the United States and itspartners, working bilaterally and multilaterally through theUnited Nations, the United Nations Security Council and itscommittees, such as the 1267 and 1373 Committees, the Finan-cial Action Task Force (FATF), and various international finan-cial institutions, including the International Monetary Fund(IMF), the International Bank for Reconstruction and Develop-ment (IBRD), and the regional multilateral development banks,and other multilateral fora.
(2) The international financial community has become
engaged in the global fight against terrorist financing. TheFinancial Action Task Force has focused on the new threatposed by terrorist financing to the international financialsystem, resulting in the establishment of the FATF’s EightSpecial Recommendations on Terrorist Financing as the inter-national standard on combating terrorist financing. The Groupof Seven and the Group of Twenty Finance Ministers are devel-oping action plans to curb the financing of terror. In addition,other economic and regional fora, such as the Asia-Pacific Eco-nomic Cooperation (APEC) Forum, and the Western Hemi-sphere Financial Ministers, have been used to marshal politicalwill and actions in support of combating the financing of ter-rorism (CFT) standards.
(3) FATF’s Forty Recommendations on Money Laundering
and the Eight Special Recommendations on Terrorist Financingare the recognized global standards for fighting money laun-dering and terrorist financing. The FATF has engaged in anassessment process for jurisdictions based on their compliancewith these standards.
(4) In March 2004, the IMF and IBRD Boards agreed
to make permanent a pilot program of collaboration with theFATF to assess global compliance with the FATF Forty Rec-ommendations on Money Laundering and the Eight SpecialRecommendations on Terrorist Financing. As a result, anti-money laundering (AML) and combating the financing of ter-rorism (CFT) assessments are now a regular part of theirFinancial Sector Assessment Program (FSAP) and OffshoreFinancial Center assessments, which provide for a comprehen-sive analysis of the strength of a jurisdiction’s financial system.These reviews assess potential systemic vulnerabilities, con-sider sectoral development needs and priorities, and review31 USC 5311note.3 USC 102 note.
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the state of implementation of and compliance with key finan-
cial codes and regulatory standards, among them the AMLand CFT standards.
(5) To date, 70 FSAPs have been conducted, with over
24 of those incorporating AML and CFT assessments. Theinternational financial institutions (IFIs), the FATF, and theFATF-style regional bodies together are expected to assess AMLand CFT regimes in up to 40 countries or jurisdictions peryear. This will help countries and jurisdictions identify defi-ciencies in their AML and CFT regimes and help focus technicalassistance efforts.
(6) Technical assistance programs from the United States
and other nations, coordinated with the Department of Stateand other departments and agencies, are playing an importantrole in helping countries and jurisdictions address shortcomingsin their AML and CFT regimes and bringing their regimesinto conformity with international standards. Training is coordi-nated within the United States Government, which leveragesmultilateral organizations and bodies and international finan-cial institutions to internationalize the conveyance of technicalassistance.
(7) In fulfilling its duties in advancing incorporation of
AML and CFT standards into the IFIs as part of the IFIs’work on protecting the integrity of the international monetarysystem, the Department of the Treasury, under the guidanceof the Secretary of the Treasury, has effectively broughttogether all of the key United States Government agencies.In particular, United States Government agencies continue towork together to foster broad support for this important under-taking in various multilateral fora, and United States Govern-ment agencies recognize the need for close coordination andcommunication within our own Government.(b) S
ENSE OF CONGRESS REGARDING SUCCESS IN MULTILATERAL
ORGANIZATIONS .—It is the sense of Congress that the Secretary
of the Treasury should continue to promote the dissemination ofinternational AML and CFT standards, and to press for fullimplementation of the FATF 40 + 8 Recommendations by all coun-tries in order to curb financial risks and hinder terrorist financingaround the globe. The efforts of the Secretary in this regard shouldinclude, where necessary or appropriate, multilateral action againstcountries whose counter-money laundering regimes and effortsagainst the financing of terrorism fall below recognized inter-national standards.
SEC. 7702. DEFINITIONS.
In this subtitle—
(1) the term ‘‘international financial institutions’’ has the
same meaning as in section 1701(c)(2) of the InternationalFinancial Institutions Act;
(2) the term ‘‘Financial Action Task Force’’ means the inter-
national policy-making and standard-setting body dedicated tocombating money laundering and terrorist financing that wascreated by the Group of Seven in 1989; and
(3) the terms ‘‘Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System’’ and‘‘Interagency Paper’’ mean the interagency paper prepared bythe Board of Governors of the Federal Reserve System, the31 USC 5311note.
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Comptroller of the Currency, and the Securities and Exchange
Commission that was announced in the Federal Register onApril 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS
FOR THE SECRETARY OF THE TREASURY.
(a) R EPORTING REQUIREMENTS .—Section 1503(a) of the Inter-
national Financial Institutions Act (22 U.S.C. 262o–2(a)) is amendedby adding at the end the following:
‘‘(15) Work with the International Monetary Fund to—
‘‘(A) foster strong global anti-money laundering (AML)
and combat the financing of terrorism (CFT) regimes;
‘‘(B) ensure that country performance under the Finan-
cial Action Task Force anti-money laundering andcounterterrorist financing standards is effectively and com-prehensively monitored;
‘‘(C) ensure note is taken of AML and CFT issues
in Article IV reports, International Monetary Fund pro-grams, and other regular reviews of country progress;
‘‘(D) ensure that effective AML and CFT regimes are
considered to be indispensable elements of sound financialsystems; and
‘‘(E) emphasize the importance of sound AML and CFT
regimes to global growth and development.’’.
(b) T
ESTIMONY .—Section 1705(b) of the International Financial
Institutions Act (22 U.S.C. 262r–4(b)) is amended—
(1) in paragraph (2), by striking ‘‘and’’ at the end;(2) in paragraph (3), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:‘‘(4) the status of implementation of international anti-
money laundering and counterterrorist financing standards bythe International Monetary Fund, the multilateral developmentbanks, and other multilateral financial policymaking bodies.’’.
SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT
EFFORTS.
The Secretary of the Treasury, or the designee of the Secretary,
as the lead United States Government official to the FinancialAction Task Force (FATF), shall continue to convene the interagencyUnited States Government FATF working group. This group, whichincludes representatives from all relevant Federal agencies, shallmeet at least once a year to advise the Secretary on policies tobe pursued by the United States regarding the development ofcommon international AML and CFT standards, to assess the ade-quacy and implementation of such standards, and to recommendto the Secretary improved or new standards, as necessary.
Subtitle H—Emergency Financial
Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE
TREASURY.
Section 306(d) of title 31, United States Code, is amended
by inserting ‘‘or employee’’ after ‘‘another officer’’.31 USC 5311note.
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SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY
PREPAREDNESS AND RESPONSE AND CONSUMER EDU-CATION.
(a) F INDINGS .—Congress finds that the Secretary of the
Treasury—
(1) has successfully communicated and coordinated with
the private-sector financial services industry about financialinfrastructure preparedness and response issues;
(2) has successfully reached out to State and local govern-
ments and regional public-private partnerships, such asChicagoFIRST, that protect employees and critical infrastruc-ture by enhancing communication and coordinating plans fordisaster preparedness and business continuity; and
(3) has set an example for the Department of Homeland
Security and other Federal agency partners, whose activeparticipation is vital to the overall success of the activitiesdescribed in paragraphs (1) and (2).(b) S
ENSE OF CONGRESS .—It is the sense of Congress that
the Secretary of the Treasury, in consultation with the Secretaryof Homeland Security, other Federal agency partners, and private-sector financial organization partners, should—
(1) furnish sufficient personnel and technological and finan-
cial resources to educate consumers and employees of the finan-cial services industry about domestic counterterrorist financingactivities, particularly about—
(A) how the public and private sector organizations
involved in such activities can combat terrorism whileprotecting and preserving the lives and civil liberties ofconsumers and employees of the financial services industry;and
(B) how the consumers and employees of the financial
services industry can assist the public and private sectororganizations involved in such activities; and(2) submit annual reports to Congress on efforts to accom-
plish subparagraphs (A) and (B) of paragraph (1).(c) R
EPORT ON PUBLIC -PRIVATE PARTNERSHIPS .—Before the end
of the 6-month period beginning on the date of enactment of thisAct, the Secretary of the Treasury shall submit a report to theCommittee on Financial Services of the House of Representativesand the Committee on Banking, Housing, and Urban Affairs ofthe Senate containing—
(1) information on the efforts that the Department of the
Treasury has made to encourage the formation of public-privatepartnerships to protect critical financial infrastructure and thetype of support that the Department has provided to suchpartnerships; and
(2) recommendations for administrative or legislative action
regarding such partnerships, as the Secretary may determineto be appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a) S HORT TITLE.—This section may be cited as the ‘‘Emergency
Securities Response Act of 2004’’.
(b) E XTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECU-
RITIES AND EXCHANGE COMMISSION .—Emergency
SecuritiesResponse Act of2004.15 USC 78a note.
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(1) E XTENSION OF AUTHORITY .—Section 12(k)(2) of the Secu-
rities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amendedto read as follows:
‘‘(2) E
MERGENCY ORDERS .—
‘‘(A) I N GENERAL .—The Commission, in an emergency,
may by order summarily take such action to alter, supple-ment, suspend, or impose requirements or restrictions withrespect to any matter or action subject to regulation bythe Commission or a self-regulatory organization underthe securities laws, as the Commission determines is nec-essary in the public interest and for the protection ofinvestors—
‘‘(i) to maintain or restore fair and orderly securi-
ties markets (other than markets in exempted securi-ties);
‘‘(ii) to ensure prompt, accurate, and safe clearance
and settlement of transactions in securities (other thanexempted securities); or
‘‘(iii) to reduce, eliminate, or prevent the substan-
tial disruption by the emergency of—
‘‘(I) securities markets (other than markets
in exempted securities), investment companies, orany other significant portion or segment of suchmarkets; or
‘‘(II) the transmission or processing of securi-
ties transactions (other than transactions inexempted securities).
‘‘(B) E
FFECTIVE PERIOD .—An order of the Commission
under this paragraph shall continue in effect for the periodspecified by the Commission, and may be extended. Exceptas provided in subparagraph (C), an order of the Commis-sion under this paragraph may not continue in effect formore than 10 business days, including extensions.
‘‘(C) E
XTENSION .—An order of the Commission under
this paragraph may be extended to continue in effect formore than 10 business days if, at the time of the extension,the Commission finds that the emergency still exists anddetermines that the continuation of the order beyond 10business days is necessary in the public interest and forthe protection of investors to attain an objective describedin clause (i), (ii), or (iii) of subparagraph (A). In no eventshall an order of the Commission under this paragraphcontinue in effect for more than 30 calendar days.
‘‘(D) S
ECURITY FUTURES .—If the actions described in
subparagraph (A) involve a security futures product, theCommission shall consult with and consider the views ofthe Commodity Futures Trading Commission.
‘‘(E) E
XEMPTION .—In exercising its authority under this
paragraph, the Commission shall not be required to complywith the provisions of—
‘‘(i) section 19(c); or‘‘(ii) section 553 of title 5, United States Code.’’.
(c) C
ONSULTATION ; D EFINITION OF EMERGENCY .—Section
12(k)(6) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6))is amended to read as follows:
‘‘(6) C
ONSULTATION .—Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and
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consider the views of the Secretary of the Treasury, the Board
of Governors of the Federal Reserve System, and the Com-modity Futures Trading Commission, unless such consultationis impracticable in light of the emergency.
‘‘(7) D
EFINITIONS .—For purposes of this subsection—
‘‘(A) the term ‘emergency’ means—
‘‘(i) a major market disturbance characterized by
or constituting—
‘‘(I) sudden and excessive fluctuations of secu-
rities prices generally, or a substantial threatthereof, that threaten fair and orderly markets;or
‘‘(II) a substantial disruption of the safe or
efficient operation of the national system for clear-ance and settlement of transactions in securities,or a substantial threat thereof; or‘‘(ii) a major disturbance that substantially dis-
rupts, or threatens to substantially disrupt—
‘‘(I) the functioning of securities markets,
investment companies, or any other significantportion or segment of the securities markets; or
‘‘(II) the transmission or processing of securi-
ties transactions; and
‘‘(B) notwithstanding section 3(a)(47), the term ‘securi-
ties laws’ does not include the Public Utility Holding Com-pany Act of 1935.’’.
(d) P
ARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY
WITHRESPECT TO GOVERNMENT SECURITIES .—Section 15C of the
Securities Exchange Act of 1934 (15 U.S.C. 78o–5) is amendedby adding at the end the following:
‘‘(h) E
MERGENCY AUTHORITY .—The Secretary may, by order,
take any action with respect to a matter or action subject to regula-tion by the Secretary under this section, or the rules of the Secretaryunder this section, involving a government security or a markettherein (or significant portion or segment of that market), thatthe Commission may take under section 12(k)(2) with respect totransactions in securities (other than exempted securities) or amarket therein (or significant portion or segment of that market).’’.
(e) J
OINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM
RESILIENCE RECOMMENDATIONS .—
(1) R EPORT REQUIRED .—Not later than April 30, 2006, the
Board of Governors of the Federal Reserve System, the Comp-troller of the Currency, and the Securities and ExchangeCommission shall prepare and submit to the Committee onFinancial Services of the House of Representatives and theCommittee on Banking, Housing, and Urban Affairs of theSenate a joint report on the efforts of the private sector toimplement the Interagency Paper on Sound Practices toStrengthen the Resilience of the U.S. Financial System.
(2) C
ONTENTS OF REPORT .—The report required by para-
graph (1) shall—
(A) examine the efforts to date of private sector finan-
cial services firms covered by the Interagency Paper toimplement enhanced business continuity plans;
(B) examine the extent to which the implementation
of such business continuity plans has been done in a geo-graphically dispersed manner, including an analysis of the
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extent to which such firms have located their main and
backup facilities in separate electrical networks, in dif-ferent watersheds, in independent transportation systems,and using separate telecommunications centers, and thecost and technological implications of further dispersal;
(C) examine the need to cover a larger range of private
sector financial services firms that play significant rolesin critical financial markets than those covered by theInteragency Paper; and
(D) recommend legislative and regulatory changes that
will—
(i) expedite the effective implementation of the
Interagency Paper by all covered financial servicesentities; and
(ii) optimize the effective implementation of busi-
ness continuity planning by the financial servicesindustry.
(3) C
ONFIDENTIALITY .—Any information provided to the
Board of Governors of the Federal Reserve System, the Comp-troller of the Currency, or the Securities and Exchange Commis-sion for the purposes of the preparation and submission ofthe report required by paragraph (1) shall be treated as privi-leged and confidential. For purposes of section 552 of title5, United States Code, this subsection shall be considered astatute described in subsection (b)(3)(B) of that section 552.
(4) D
EFINITION .—As used in this subsection, the terms
‘‘Interagency Paper on Sound Practices to Strengthen the Resil-ience of the U.S. Financial System’’ and ‘‘Interagency Paper’’mean the interagency paper prepared by the Board of Governorsof the Federal Reserve System, the Comptroller of the Currency,and the Securities and Exchange Commission that wasannounced in the Federal Register on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and
credit-rating agencies, where relevant, should carefully considera company’s compliance with standards for private sector disasterand emergency preparedness in assessing insurability and credit-worthiness, to ensure that private sector investment in disasterand emergency preparedness is appropriately encouraged.
TITLE VIII—OTHER MATTERS
Subtitle A—Intelligence Matters
SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRA-
STRUCTURE SIMULATION AND ANALYSIS CENTER.
(a) I NGENERAL .—The Director of National Intelligence shall
establish a formal relationship, including information sharing,between the elements of the intelligence community and theNational Infrastructure Simulation and Analysis Center.
(b) P
URPOSE .—The purpose of the relationship under subsection
(a) shall be to permit the intelligence community to take full advan-tage of the capabilities of the National Infrastructure Simulationand Analysis Center, particularly vulnerability and consequence50 USC 403–1note.
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analysis, for real time response to reported threats and long term
planning for projected threats.
Subtitle B—Department of Homeland
Security Matters
SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
(a) F INDINGS .—Congress makes the following findings:
(1) Geospatial technologies and geospatial data improve
government capabilities to detect, plan for, prepare for, andrespond to disasters in order to save lives and protect property.
(2) Geospatial data improves the ability of information
technology applications and systems to enhance public securityin a cost-effective manner.
(3) Geospatial information preparedness in the United
States, and specifically in the Department of Homeland Secu-rity, is insufficient because of—
(A) inadequate geospatial data compatibility;(B) insufficient geospatial data sharing; and(C) technology interoperability barriers.
(b) H
OMELAND SECURITY GEOSPATIAL INFORMATION .—Section
703 of the Homeland Security Act of 2002 (6 U.S.C. 343) isamended—
(1) by inserting ‘‘(a) I
NGENERAL .—’’ before ‘‘The Chief
Information’’; and
(2) by adding at the end the following:
‘‘(b) G EOSPATIAL INFORMATION FUNCTIONS .—
‘‘(1) D EFINITIONS .—As used in this subsection:
‘‘(A) G EOSPATIAL INFORMATION .—The term ‘geospatial
information’ means graphical or digital data depicting nat-ural or manmade physical features, phenomena, or bound-aries of the earth and any information related thereto,including surveys, maps, charts, remote sensing data, andimages.
‘‘(B) G
EOSPATIAL TECHNOLOGY .—The term ‘geospatial
technology’ means any technology utilized by analysts,specialists, surveyors, photogrammetrists, hydrographers,geodesists, cartographers, architects, or engineers for thecollection, storage, retrieval, or dissemination of geospatialinformation, including—
‘‘(i) global satellite surveillance systems;‘‘(ii) global position systems;‘‘(iii) geographic information systems;‘‘(iv) mapping equipment;‘‘(v) geocoding technology; and‘‘(vi) remote sensing devices.
‘‘(2) O
FFICE OF GEOSPATIAL MANAGEMENT .—
‘‘(A) E STABLISHMENT .—The Office of Geospatial
Management is established within the Office of the Chief
Information Officer.
‘‘(B) G EOSPATIAL INFORMATION OFFICER .—
‘‘(i) A PPOINTMENT .—The Office of Geospatial
Management shall be administered by the GeospatialInformation Officer, who shall be appointed by theSecretary and serve under the direction of the ChiefInformation Officer.6 USC 343 note.
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‘‘(ii) F UNCTIONS .—The Geospatial Information
Officer shall assist the Chief Information Officer incarrying out all functions under this section and incoordinating the geospatial information needs of theDepartment.‘‘(C) C
OORDINATION OF GEOSPATIAL INFORMATION .—The
Chief Information Officer shall establish and carry outa program to provide for the efficient use of geospatialinformation, which shall include—
‘‘(i) providing such geospatial information as may
be necessary to implement the critical infrastructureprotection programs;
‘‘(ii) providing leadership and coordination in
meeting the geospatial information requirements ofthose responsible for planning, prevention, mitigation,assessment and response to emergencies, critical infra-structure protection, and other functions of the Depart-ment; and
‘‘(iii) coordinating with users of geospatial informa-
tion within the Department to assure interoperabilityand prevent unnecessary duplication.‘‘(D) R
ESPONSIBILITIES .—In carrying out this sub-
section, the responsibilities of the Chief Information Officershall include—
‘‘(i) coordinating the geospatial information needs
and activities of the Department;
‘‘(ii) implementing standards, as adopted by the
Director of the Office of Management and Budget underthe processes established under section 216 of the E-Government Act of 2002 (44 U.S.C. 3501 note), tofacilitate the interoperability of geospatial informationpertaining to homeland security among all users ofsuch information within—
‘‘(I) the Department;‘‘(II) State and local government; and‘‘(III) the private sector;
‘‘(iii) coordinating with the Federal Geographic
Data Committee and carrying out the responsibilitiesof the Department pursuant to Office of Managementand Budget Circular A–16 and Executive Order 12906;and
‘‘(iv) making recommendations to the Secretary
and the Executive Director of the Office for State andLocal Government Coordination and Preparedness onawarding grants to—
‘‘(I) fund the creation of geospatial data; and‘‘(II) execute information sharing agreements
regarding geospatial data with State, local, andtribal governments.
‘‘(3) A
UTHORIZATION OF APPROPRIATIONS .—There are
authorized to be appropriated such sums as may be necessaryto carry out this subsection for each fiscal year.’’.
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Subtitle C—Homeland Security Civil
Rights and Civil Liberties Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the ‘‘Homeland Security Civil
Rights and Civil Liberties Protection Act of 2004’’.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6
U.S.C. 111(b)(1)) is amended—
(1) in subparagraph (F), by striking ‘‘and’’ after the semi-
colon;
(2) by redesignating subparagraph (G) as subparagraph
(H); and
(3) by inserting after subparagraph (F) the following:
‘‘(G) ensure that the civil rights and civil liberties
of persons are not diminished by efforts, activities, andprograms aimed at securing the homeland; and’’.
SEC. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C.
345(a)) is amended—
(1) by amending the matter preceding paragraph (1) to
read as follows:‘‘(a) I
NGENERAL .—The Officer for Civil Rights and Civil Lib-
erties, who shall report directly to the Secretary, shall—’’;
(2) by amending paragraph (1) to read as follows:‘‘(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of race,ethnicity, or religion, by employees and officials of the Depart-ment;’’;
(3) in paragraph (2), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:‘‘(3) assist the Secretary, directorates, and offices of the
Department to develop, implement, and periodically reviewDepartment policies and procedures to ensure that the protec-tion of civil rights and civil liberties is appropriately incor-porated into Department programs and activities;
‘‘(4) oversee compliance with constitutional, statutory, regu-
latory, policy, and other requirements relating to the civil rightsand civil liberties of individuals affected by the programs andactivities of the Department;
‘‘(5) coordinate with the Privacy Officer to ensure that—
‘‘(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations areaddressed in an integrated and comprehensive manner;and
‘‘(B) Congress receives appropriate reports regarding
such programs, policies, and procedures; and‘‘(6) investigate complaints and information indicating pos-
sible abuses of civil rights or civil liberties, unless the InspectorGeneral of the Department determines that any such complaintor information should be investigated by the Inspector Gen-eral.’’.HomelandSecurity CivilRights and CivilLibertiesProtection Act of2004.6 USC 101 note.
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SEC. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY
OFFICE OF INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
‘‘(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office ofInspector General, who shall be a career member of the civil serviceat the equivalent to the GS–15 level or a career member of theSenior Executive Service, to perform the functions described inparagraph (2).
‘‘(2) The senior official designated under paragraph (1) shall—
‘‘(A) coordinate the activities of the Office of Inspector
General with respect to investigations of abuses of civil rightsor civil liberties;
‘‘(B) receive and review complaints and information from
any source alleging abuses of civil rights and civil libertiesby employees or officials of the Department and employeesor officials of independent contractors or grantees of the Depart-ment;
‘‘(C) initiate investigations of alleged abuses of civil rights
or civil liberties by employees or officials of the Departmentand employees or officials of independent contractors orgrantees of the Department;
‘‘(D) ensure that personnel within the Office of Inspector
General receive sufficient training to conduct effective civilrights and civil liberties investigations;
‘‘(E) consult with the Officer for Civil Rights and Civil
Liberties regarding—
‘‘(i) alleged abuses of civil rights or civil liberties; and‘‘(ii) any policy recommendations regarding civil rights
and civil liberties that may be founded upon an investiga-tion by the Office of Inspector General;‘‘(F) provide the Officer for Civil Rights and Civil Liberties
with information regarding the outcome of investigations ofalleged abuses of civil rights and civil liberties;
‘‘(G) refer civil rights and civil liberties matters that the
Inspector General decides not to investigate to the Officer forCivil Rights and Civil Liberties;
‘‘(H) ensure that the Office of the Inspector General pub-
licizes and provides convenient public access to informationregarding—
‘‘(i) the procedure to file complaints or comments con-
cerning civil rights and civil liberties matters; and
‘‘(ii) the status of corrective actions taken by the
Department in response to Office of the Inspector Generalreports; and‘‘(I) inform the Officer for Civil Rights and Civil Liberties
of any weaknesses, problems, and deficiencies within theDepartment relating to civil rights or civil liberties.’’.
SEC. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended—
(1) in the matter preceding paragraph (1), by inserting
‘‘, who shall report directly to the Secretary,’’ after ‘‘in theDepartment’’;
(2) in paragraph (4), by striking ‘‘and’’ at the end;
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(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:‘‘(5) coordinating with the Officer for Civil Rights and Civil
Liberties to ensure that—
‘‘(A) programs, policies, and procedures involving civil
rights, civil liberties, and privacy considerations areaddressed in an integrated and comprehensive manner;and
‘‘(B) Congress receives appropriate reports on such pro-
grams, policies, and procedures; and’’.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE
DEPARTMENT OF HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that the
Department of Homeland Security complies with the protectionsfor human research subjects, as described in part 46 of title 45,Code of Federal Regulations, or in equivalent regulations as promul-gated by such Secretary, with respect to research that is conductedor supported by the Department.
Subtitle D—Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT PROVISIONS TO
ENHANCE AGENCY PLANNING FOR INFORMATION SECU-RITY NEEDS.
Chapter 113 of title 40, United States Code, is amended—
(1) in section 11302(b), by inserting ‘‘security,’’ after ‘‘use,’’;(2) in section 11302(c), by inserting ‘‘, including information
security risks,’’ after ‘‘risks’’ both places it appears;
(3) in section 11312(b)(1), by striking ‘‘information tech-
nology investments’’ and inserting ‘‘investments in informationtechnology (including information security needs)’’; and
(4) in section 11315(b)(2), by inserting ‘‘, secure,’’ after
‘‘sound’’.
SEC. 8402. ENTERPRISE ARCHITECTURE.
(a) E NTERPRISE ARCHITECTURE DEFINED .—In this section, the
term ‘‘enterprise architecture’’ means a detailed outline or blueprintof the information technology of the Federal Bureau of Investigationthat will satisfy the ongoing mission and goals of the FederalBureau of Investigation and that sets forth specific and identifiablebenchmarks.
(b) E
NTERPRISE ARCHITECTURE .—The Federal Bureau of Inves-
tigation shall—
(1) continually maintain and update an enterprise architec-
ture; and
(2) maintain a state of the art and up to date information
technology infrastructure that is in compliance with the enter-prise architecture of the Federal Bureau of Investigation.(c) R
EPORT .—Subject to subsection (d), the Director of the Fed-
eral Bureau of Investigation shall, on an annual basis, submitto the Committees on the Judiciary of the Senate and House ofRepresentatives a report on whether the major information tech-nology investments of the Federal Bureau of Investigation are incompliance with the enterprise architecture of the Federal Bureauof Investigation and identify any inability or expectation of inabilityto meet the terms set forth in the enterprise architecture.28 USC 531 note.6 USC 112 note.
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(d) F AILURE TOMEET TERMS .—If the Director of the Federal
Bureau of Investigation identifies any inability or expectation ofinability to meet the terms set forth in the enterprise architecturein a report under subsection (c), the report under subsection (c)shall—
(1) be twice a year until the inability is corrected;(2) include a statement as to whether the inability or
expectation of inability to meet the terms set forth in theenterprise architecture is substantially related to resources;and
(3) if the inability or expectation of inability is substantially
related to resources, include a request for additional fundingthat would resolve the problem or a request to reprogramfunds that would resolve the problem.(e) E
NTERPRISE ARCHITECTURE , AGENCY PLANS AND REPORTS .—
This section shall be carried out in compliance with the require-ments set forth in section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
(a) S TUDY .—Not later than 90 days after the date of enactment
of this Act, the Office of Government Ethics shall submit to Con-gress a report—
(1) evaluating the financial disclosure process for employees
of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) T
RANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY
APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES .—
(1) D EFINITION .—In this section, the term ‘‘major party’’
has the meaning given that term under section 9002(6) ofthe Internal Revenue Code of 1986.
(2) T
RANSMITTAL .—
(A) I N GENERAL .—Not later than 15 days after the
date on which a major party nominates a candidate forPresident, the Office of Personnel Management shalltransmit an electronic record to that candidate on Presi-dentially appointed positions.
(B) O
THER CANDIDATES .—After making transmittals
under subparagraph (A), the Office of Personnel Manage-
ment may transmit an electronic record on Presidentiallyappointed positions to any other candidate for President.(3) C
ONTENT .—The record transmitted under this sub-
section shall provide—
(A) all positions which are appointed by the President,
including the title and description of the duties of eachposition;
(B) the name of each person holding a position
described under subparagraph (A);
(C) any vacancy in the positions described under
subparagraph (A), and the period of time any such positionhas been vacant;
(D) the date on which an appointment made after
the applicable Presidential election for any positiondescribed under subparagraph (A) is necessary to ensureeffective operation of the Government; and
(E) any other information that the Office of Personnel
Management determines is useful in making appointments.Deadline.5 USC 1101 note.Deadline.
Reports.
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(c) R EDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH
SENATE CONFIRMATION .—
(1) D EFINITION .—In this subsection, the term ‘‘agency’’
means an Executive agency as defined under section 105 oftitle 5, United States Code.
(2) R
EDUCTION PLAN .—
(A) I N GENERAL .—Not later than 180 days after the
date of enactment of this Act, the head of each agencyshall submit a Presidential appointment reduction planto—
(i) the President;(ii) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(iii) the Committee on Government Reform of the
House of Representatives.
(B) C
ONTENT .—The plan under this paragraph shall pro-
vide for the reduction of—
(i) the number of positions within that agency
that require an appointment by the President, by andwith the advice and consent of the Senate; and
(ii) the number of levels of such positions within
that agency.
(d) O
FFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF
INTEREST LAW.—
(1) I N GENERAL .—Not later than 1 year after the date
of enactment of this Act, the Director of the Office of Govern-ment Ethics, in consultation with the Attorney General of theUnited States, shall conduct a comprehensive review of conflictof interest laws relating to executive branch employment andsubmit a report to—
(A) the President;(B) the Committees on Homeland Security and Govern-
mental Affairs and the Judiciary of the Senate;
(C) the Committees on Government Reform and the
Judiciary of the House of Representatives.(2) C
ONTENTS .—The report under this subsection shall
examine sections 203, 205, 207, and 208 of title 18, UnitedStates Code.Deadline.
Reports.Deadline.
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LEGISLATIVE HISTORY—S. 2845 (H.R. 10):
HOUSE REPORTS: Nos. 108–724, Pt. 1 (Permanent Select Comm. on Intelligence),
Pt. 2 (Comm. on Armed Services), Pt. 3 (Comm. on FinancialServices), Pt. 4 (Comm. on Government Reform), and Pt. 5(Comm. on the Judiciary), all accompanying H.R. 10, and108–796 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 27–30, Oct. 1, 4–6, considered and passed Senate.Oct. 16, considered and passed House pursuant to H. Res. 827.Dec. 7, House agreed to conference report.Dec. 8, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Dec. 17, Presidential remarks and statement.SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO
HONOR TICKETS FOR SUSPENDED AIR PASSENGERSERVICE.
Section 145(c) of the Aviation and Transportation Security Act
(49 U.S.C. 40101 note) is amended by striking ‘‘more than’’ andall that follows and inserting ‘‘after November 19, 2005.’’.
Approved December 17, 2004.
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Highlights content goes here...

Purpose

The purpose of this document is to provide a comprehensive overview of key findings and extracted meaningful information from a single document related to national security, counterterrorism efforts, public diplomacy, and economic development in various countries. The document highlights important aspects of legislation, policies, and strategies aimed at enhancing national preparedness, emergency response capabilities, and border security.

Key Provisions

The key provisions outlined in this document include:

  1. Establishment of an International Counterterrorism Strategy: The President is authorized to establish an international counterterrorism policy contact group with leaders of governments providing leadership in global counterterrorism efforts and governments of countries with sizable Muslim populations.

  2. Terrorist Financing: The Secretary of State is authorized to negotiate international agreements under which parties work together to address and interdict acts of international terrorism, including the targeting of terrorist financial facilitators by intelligence and law enforcement agencies.

  3. Designation of Foreign Terrorist Organizations: The President is authorized to designate foreign terrorist organizations, with a review process established for revocation of designations.

  4. Report to Congress: The President must submit reports to Congress on various topics, including the strategy for addressing terrorist sanctuaries, support for Pakistan, collaboration with Saudi Arabia, and the struggle of ideas in the Islamic world.

  5. Counterterrorist Travel Intelligence: A strategy is required to combine 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.

  6. Human Smuggling and Trafficking Center: A Human Smuggling and Trafficking Center is established to serve as the focal point for interagency efforts to address terrorist travel, with cooperation among all relevant policy, law enforcement, diplomatic, and intelligence agencies of the Federal Government.

  7. International Agreements on Lost, Stolen, or Falsified Documents: The President is to lead efforts to track and curtail the travel of terrorists by supporting international agreements to prevent the undetected travel of persons using lost, stolen, or falsified documents.

Key Findings and Recommendations

  1. Integration of Data Systems: The Secretary of Homeland Security must integrate all databases containing alien information within two years, creating a unified system for tracking immigration status.

  2. Interoperable Component: This integrated data system should be an interoperable component of the entry and exit data system.

  3. Biometric Entry-Exit System: A biometric-based identity number tied to an applicant’s algorithm must be used in all immigration-related matters, including access to immigration history and real-time updates on pertinent data from relevant agencies.

  4. Training for Specialists and Frontline Personnel: The Department of Homeland Security and the Department of State should develop cross-training programs focusing on the scope and procedures of the entry and exit data system.

  5. Compliance Status Reports: Departments must submit compliance reports detailing their adherence to requirements, including those related to data integration, accuracy, and integrity.

Industry Impact

The key findings and recommendations outlined in this document are expected to have a significant impact on various industries, including:

  1. National Security: The establishment of an international counterterrorism strategy and the designation of foreign terrorist organizations are expected to enhance national security and prevent acts of terrorism.

  2. Immigration: The integration of data systems, implementation of biometric entry-exit systems, and training for specialists and frontline personnel are expected to improve immigration security and prevent identity theft.

  3. Public Diplomacy: The establishment of a Human Smuggling and Trafficking Center and the implementation of international agreements on lost, stolen, or falsified documents are expected to enhance public diplomacy and prevent human trafficking.

Updates/Amendments

The document includes updates and amendments related to:

  1. National Preparedness: Enhances emergency preparedness and response capabilities, particularly in terms of incident command systems.

  2. Identification Standards: Requires minimum identification standards for access to Federal facilities deemed at risk for terrorist attack.

  3. Mutual Aid Agreements: Establishes a mutual aid agreement among states, localities, and the District of Columbia to provide assistance during emergencies or public service events.

The document also includes updates and amendments related to:

  1. Biometric Identification: Adopts biometric identification technology for immigration-related matters and travel documentation.

  2. Data Integrity and Accuracy: Requires the integration of data systems to ensure accuracy and integrity in tracking immigration status.

  3. Implementation of NIMS: Directs all Federal agencies to adopt the National Incident Management System (NIMS), a unified incident command system.

These updates and amendments are expected to enhance national preparedness, emergency response capabilities, and border security.

Congress.gov

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Law Anti-money laundering Law
Anti-Terrorism and Arms Export Amendments Act of 1989
Date: 12th Dec, 1989 Source: Congress.gov Country: USA
Law Anti-money laundering Law
Terrorism note. Risk Insurance Act of 2002
Date: 23rd Nov, 2024 Source: Congress.gov Country: USA
Law Anti-money laundering Law

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