HR 10 IH
108th CONGRESS
2d Session
H. R. 10
To provide for reform of the intelligence community,
terrorism prevention and prosecution, border security, and
international cooperation and coordination, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
September 24, 2004
Mr. HASTERT (for himself, Mr. DELAY, Mr. BLUNT, Ms. PRYCE of Ohio,
Mr. HOEKSTRA, Mr. HUNTER, Mr. YOUNG of Florida, Mr. SENSENBRENNER, Mr.
HYDE, Mr. TOM DAVIS of Virginia, Mr. OXLEY, Mr. DREIER, Mr. COX, Mr.
THOMAS, Mr. NUSSLE, Mr. BOEHNER, and Mr. SMITH of New Jersey)
introduced the following bill; which was referred to the Select
Committee on Intelligence (Permanent Select), and in addition to the
Committees on Armed Services, Education and the Workforce, Energy and
Commerce, Financial Services, Government Reform, International
Relations, the Judiciary, Rules, Science, Transportation and
Infrastructure, Ways and Means, and Select Homeland Security, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide for reform of the intelligence community,
terrorism prevention and prosecution, border security, and
international cooperation and coordination, 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.
This Act may be cited as the `9/11 Recommendations Implementation Act'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Subtitle A--Establishment of National Intelligence Director
Sec. 1011. Reorganization and improvement of management of intelligence community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of National Intelligence Director in
appointment of certain officials responsible for intelligence-related
activities.
Sec. 1015. Initial appointment of the National Intelligence Director.
Sec. 1016. Executive schedule matters.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections
Sec. 1021. National Counterterrorism Center.
Sec. 1022. Civil Liberties Protection Officer.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Human Intelligence (HUMINT)
Sec. 1041. Human intelligence as an increasingly critical component of the intelligence community.
Sec. 1042. Improvement of human intelligence capacity.
Subtitle E--Improvement of Education for the Intelligence Community
Sec. 1051. Modification of obligated service requirements under National Security Education Program.
Sec. 1052. Improvements to the National Flagship Language Initiative.
Sec. 1053. Establishment of scholarship program for
English language studies for heritage community citizens of the United
States within the National Security Education Program.
Sec. 1054. Sense of Congress with respect to language and education for the intelligence community; reports.
Sec. 1055. Advancement of foreign languages critical to the intelligence community.
Sec. 1056. Pilot project for Civilian Linguist Reserve Corps.
Sec. 1057. Codification of establishment of the National Virtual Translation Center.
Sec. 1058. Report on recruitment and retention of qualified instructors of the Defense Language Institute.
Subtitle F--Additional Improvements of Intelligence Activities
Sec. 1061. Permanent extension of Central Intelligence Agency Voluntary Separation Incentive Program.
Sec. 1062. National Security Agency Emerging Technologies Panel.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of
National Intelligence Director 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 Intelligence Program.
Sec. 1075. Repeal of superseded authorities.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.
Sec. 1078. Access to Inspector General protections.
Sec. 1079. General references.
Sec. 1080. Application of other laws.
Subtitle H--Transfer, Termination, Transition and Other Provisions
Sec. 1091. Transfer of community management staff.
Sec. 1092. Transfer of terrorist threat integration center.
Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Transitional authorities.
Sec. 1096. Effective dates.
Subtitle I--Grand Jury Information Sharing
Sec. 1101. Grand jury information sharing.
Subtitle J--Other Matters
Sec. 1111. Interoperable law enforcement and intelligence data system.
Sec. 1112. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 2001. Individual terrorists as agents of foreign powers.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 2022. Hoaxes and recovery costs.
Sec. 2023. Obstruction of justice and false statements in terrorism cases.
Sec. 2024. Clarification of definition.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act of 2004
Sec. 2042. Receiving military-type training from a foreign terrorist organization.
Sec. 2043. Providing material support to terrorism.
Sec. 2044. Financing of terrorism.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 2052. Weapons of mass destruction.
Sec. 2053. Participation in nuclear and weapons of mass destruction threats to the United States.
Subtitle E--Money Laundering and Terrorist Financing
Chapter 1--Funding to Combat Financial Crimes Including Terrorist Financing
Sec. 2101. Additional authorization for FinCEN.
Sec. 2102. Money laundering and financial crimes strategy reauthorization.
Chapter 2--Enforcement Tools to Combat Financial Crimes Including Terrorist Financing
SUBCHAPTER A--MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM TECHNICAL CORRECTIONS
Sec. 2112. Technical corrections to Public Law 107-56.
Sec. 2113. Technical corrections to other provisions of law.
Sec. 2114. Repeal of review.
Sec. 2115. Effective date.
SUBCHAPTER B--ADDITIONAL ENFORCEMENT TOOLS
Sec. 2121. Bureau of Engraving and Printing security printing.
Sec. 2122. Conduct in aid of counterfeiting.
Subtitle F--Criminal History Background Checks
Sec. 2142. Criminal history information checks.
Subtitle G--Protection of United States Aviation System from Terrorist Attacks
Sec. 2171. Provision for the use of biometric or other technology.
Sec. 2172. Transportation security strategic planning.
Sec. 2173. Next generation airline passenger prescreening.
Sec. 2174. Deployment and use of explosive detection equipment at airport screening checkpoints.
Sec. 2175. Pilot program to evaluate use of blast-resistant cargo and baggage containers.
Sec. 2176. Air cargo screening technology.
Sec. 2177. Airport checkpoint screening explosive detection.
Sec. 2178. Next generation security checkpoint.
Sec. 2179. Penalty for failure to secure cockpit door.
Sec. 2180. Federal air marshal anonymity.
Sec. 2181. Federal law enforcement in-flight counterterrorism training.
Sec. 2182. Federal flight deck officer weapon carriage pilot program.
Sec. 2183. Registered traveler program.
Sec. 2184. Wireless communication.
Sec. 2185. Secondary flight deck barriers.
Sec. 2187. Perimeter Security.
Subtitle H--Other Matters
Sec. 2191. Grand jury information sharing.
Sec. 2192. Interoperable law enforcement and intelligence data system.
Sec. 2193. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
Chapter 1--General Provisions
Sec. 3001. Eliminating the `Western Hemisphere' exception for citizens.
Sec. 3002. Modification of waiver authority with respect
to documentation requirements for nationals of foreign contiguous
territories and adjacent islands.
Sec. 3003. Increase in full-time border patrol agents.
Sec. 3004. Increase in full-time immigration and customs enforcement investigators.
Sec. 3005. Alien identification standards.
Sec. 3006. Expedited removal.
Sec. 3007. Preventing terrorists from obtaining asylum.
Sec. 3008. Revocation of visas and other travel documentation.
Sec. 3009. Judicial review of orders of removal.
Chapter 2--Deportation of Terrorists and Supporters of Terrorism
Sec. 3031. Expanded inapplicability of restriction on removal.
Sec. 3032. Exception to restriction on removal for terrorists and criminals.
Sec. 3033. Additional removal authorities.
Subtitle B--Identity Management Security
Chapter 1--Improved Security for Drivers' Licenses and Personal Identification Cards
Sec. 3052. Minimum document requirements and issuance standards for Federal recognition.
Sec. 3053. Linking of databases.
Sec. 3054. Trafficking in authentication features for use in false identification documents.
Sec. 3055. Grants to States.
Chapter 2--Improved Security for Birth Certificates
Sec. 3062. Applicability of minimum standards to local governments.
Sec. 3063. Minimum standards for Federal recognition.
Sec. 3064. Establishment of electronic birth and death registration systems.
Sec. 3065. Electronic verification of vital events.
Sec. 3066. Grants to States.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security Account Numbers
Sec. 3071. Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.
Sec. 3072. Independent verification of birth records provided in support of applications for social security account numbers.
Sec. 3073. Enumeration at birth.
Sec. 3074. Study relating to use of photographic
identification in connection with applications for benefits, social
security account numbers, and social security cards.
Sec. 3075. Restrictions on issuance of multiple replacement social security cards.
Sec. 3076. Study relating to modification of the social security account numbering system to show work authorization status.
Subtitle C--Targeting Terrorist Travel
Sec. 3081. Studies on machine-readable passports and travel history database.
Sec. 3082. Expanded preinspection at foreign airports.
Sec. 3083. Immigration security initiative.
Sec. 3084. Responsibilities and functions of consular officers.
Sec. 3085. Increase in penalties for fraud and related activity.
Sec. 3086. Criminal penalty for false claim to citizenship.
Sec. 3087. Antiterrorism assistance training of the Department of State.
Sec. 3088. International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.
Sec. 3089. International standards for translation of
names into the Roman alphabet for international travel documents and
name-based watchlist systems.
Sec. 3090. Biometric entry and exit data system.
Sec. 3091. Enhanced responsibilities of the Coordinator for Counterterrorism.
Sec. 3092. Establishment of Office of Visa and Passport Security in the Department of State.
Subtitle D--Terrorist Travel
Sec. 3101. Information sharing and coordination.
Sec. 3102. Terrorist travel program.
Sec. 3103. Training program.
Sec. 3104. Technology acquisition and dissemination plan.
Subtitle E--Maritime Security Requirements
Sec. 3111. Deadlines for implementation of maritime security requirements.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
Chapter 1--Provisions Relating to Terrorist Sanctuaries
Sec. 4001. United States policy on terrorist sanctuaries.
Sec. 4002. Reports on terrorist sanctuaries.
Sec. 4003. Amendments to existing law to include terrorist sanctuaries.
Chapter 2--Other Provisions
Sec. 4011. Appointments to fill vacancies in Arms Control and Nonproliferation Advisory Board.
Sec. 4012. Review of United States policy on proliferation of weapons of mass destruction and control of strategic weapons.
Sec. 4013. International agreements to interdict acts of international terrorism.
Sec. 4014. Effective Coalition approach toward detention and humane treatment of captured terrorists.
Sec. 4015. Sense of Congress and report regarding counter-drug efforts in Afghanistan.
Subtitle B--Prevent the Continued Growth of Terrorism
Chapter 1--United States Public Diplomacy
Sec. 4021. Annual review and assessment of public diplomacy strategy.
Sec. 4022. Public diplomacy training.
Sec. 4023. Promoting direct exchanges with Muslim countries.
Sec. 4024. Public diplomacy required for promotion in Foreign Service.
Chapter 2--United States Multilateral Diplomacy
Sec. 4032. Support and expansion of democracy caucus.
Sec. 4033. Leadership and membership of international organizations.
Sec. 4034. Increased training in multilateral diplomacy.
Sec. 4035. Implementation and establishment of Office on Multilateral Negotiations.
Chapter 3--Other Provisions
Sec. 4041. Pilot program to provide grants to
American-sponsored schools in predominantly Muslim countries to provide
scholarships.
Sec. 4042. Enhancing free and independent media.
Sec. 4043. Combating biased or false foreign media coverage of the United States.
Sec. 4044. Report on broadcast outreach strategy.
Sec. 4045. Office relocation.
Sec. 4046. Strengthening the Community of Democracies for Muslim countries.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
Sec. 4051. Designation of foreign terrorist organizations.
Sec. 4052. Inclusion in annual Department of State
country reports on terrorism of information on terrorist groups that
seek weapons of mass destruction and groups that have been designated
as foreign terrorist organizations.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
Sec. 4062. Coordination of assistance for Afghanistan.
Sec. 4063. General provisions relating to the Afghanistan Freedom Support Act of 2002.
Sec. 4064. Rule of law and related issues.
Sec. 4065. Monitoring of assistance.
Sec. 4066. United States policy to support disarmament
of private militias and to support expansion of international
peacekeeping and security operations in Afghanistan.
Sec. 4067. Efforts to expand international peacekeeping and security operations in Afghanistan.
Sec. 4068. Provisions relating to counternarcotics efforts in Afghanistan.
Sec. 4069. Additional amendments to the Afghanistan Freedom Support Act of 2002.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
Sec. 4081. New United States strategy for relationship with Saudi Arabia.
Sec. 4082. United States commitment to the future of Pakistan.
Sec. 4083. Extension of Pakistan waivers.
Subtitle F--Oversight Provisions
Sec. 4091. Case-Zablocki Act requirements.
Subtitle G--Additional Protections of United States Aviation System from Terrorist Attacks
Sec. 4101. International agreements to allow maximum deployment of Federal flight deck officers.
Sec. 4102. Federal air marshal training.
Sec. 4103. Man-portable air defense systems (MANPADS).
Subtitle H--Improving International Standards and Cooperation to Fight Terrorist Financing
Sec. 4111. Sense of the Congress regarding success in multilateral organizations.
Sec. 4112. Expanded reporting requirement for the Secretary of the Treasury.
Sec. 4113. International Terrorist Finance Coordinating Council.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
Sec. 5003. Faster and smarter funding for first responders.
Sec. 5004. Modification of homeland security advisory system.
Sec. 5005. Coordination of industry efforts.
Sec. 5006. Superseded provision.
Sec. 5007. Sense of Congress regarding interoperable communications.
Sec. 5008. Sense of Congress regarding citizen corps councils.
Sec. 5009. Study regarding nationwide emergency notification system.
Sec. 5010. Required coordination.
Subtitle B--Government Reorganization Authority
Sec. 5021. Authorization of intelligence community reorganization plans.
Subtitle C--Restructuring Relating to the Department of Homeland Security and Congressional Oversight
Sec. 5025. Responsibilities of Counternarcotics Office.
Sec. 5026. Use of counternarcotics enforcement activities in certain employee performance appraisals.
Sec. 5027. Sense of the House of Representatives on addressing homeland security for the American people.
Subtitle D--Improvements to Information Security
Sec. 5031. Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs.
Subtitle E--Personnel Management Improvements
Chapter 1--Appointments Process Reform
Sec. 5041. Appointments to national security positions.
Sec. 5042. Presidential inaugural transitions.
Sec. 5043. Public financial disclosure for the intelligence community.
Sec. 5044. Reduction of positions requiring appointment with Senate confirmation.
Sec. 5045. Effective dates.
Chapter 2--Federal Bureau of Investigation Revitalization
Sec. 5051. Mandatory separation age.
Sec. 5052. Retention and relocation bonuses.
Sec. 5053. Federal Bureau of Investigation Reserve Service.
Sec. 5054. Critical positions in the Federal Bureau of Investigation intelligence directorate.
Chapter 3--Management Authority
Sec. 5061. Management authority.
Subtitle F--Security Clearance Modernization
Sec. 5072. Security clearance and investigative programs oversight and administration.
Sec. 5073. Reciprocity of security clearance and access determinations.
Sec. 5074. Establishment of national database .
Sec. 5075. Use of available technology in clearance investigations.
Sec. 5076. Reduction in length of personnel security clearance process.
Sec. 5077. Security clearances for presidential transition.
Subtitle G--Emergency Financial Preparedness
Sec. 5081. Delegation authority of the Secretary of the Treasury.
Sec. 5082. Extension of emergency order authority of the securities and exchange commission.
Sec. 5083. Parallel authority of the Secretary of the Treasury with respect to government securities.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
Sec. 5091. Requirement that agency rulemaking take into consideration impacts on individual privacy.
Sec. 5092. Chief privacy officers for agencies with law enforcement or anti-terrorism functions.
Chapter 2--Mutual Aid and Litigation Management
Sec. 5102. Mutual aid authorized.
Sec. 5103. Litigation management agreements.
Sec. 5104. Additional provisions.
Chapter 3--Miscellaneous Matters
Sec. 5131. Enhancement of public safety communications interoperability.
Sec. 5132. Sense of Congress regarding the incident command system.
Sec. 5133. Sense of Congress regarding United States Northern Command plans and strategies.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the `National Security Intelligence Improvement Act of 2004'.
Subtitle A--Establishment of National Intelligence Director
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
(a) IN GENERAL- Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by striking sections 102
through 104 and inserting the following new sections:
`NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102. (a) NATIONAL INTELLIGENCE DIRECTOR- (1) There is
a National Intelligence Director who shall be appointed by the
President, by and with the advice and consent of the Senate.
`(2) The National Intelligence Director shall not be located within the Executive Office of the President.
`(b) PRINCIPAL RESPONSIBILITY- Subject to the authority,
direction, and control of the President, the National Intelligence
Director shall--
`(1) serve as head of the intelligence community;
`(2) act as the principal adviser to the President, to
the National Security Council, and the Homeland Security Council for
intelligence matters related to the national security; and
`(3) through the heads of the departments containing
elements of the intelligence community, and the Central Intelligence
Agency, manage and oversee the execution of the National Intelligence
Program and direct the National Intelligence Program.
`(c) PROHIBITION ON DUAL SERVICE- The individual serving in
the position of National Intelligence Director shall not, while so
serving, also serve as the Director of the Central Intelligence Agency
or as the head of any other element of the intelligence community.
`RESPONSIBILITIES AND AUTHORITIES OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 102A. (a) PROVISION OF INTELLIGENCE- (1) Under the
direction of the President, the National Intelligence Director shall be
responsible for ensuring that national intelligence is provided--
`(B) to the heads of departments and agencies of the executive branch;
`(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
`(D) where appropriate, to the Senate and House of Representatives and the committees thereof; and
`(E) to such other persons as the National Intelligence Director determines to be appropriate.
`(2) Such national intelligence should be timely,
objective, independent of political considerations, and based upon all
sources available to the intelligence community and other appropriate
entities.
`(b) ACCESS TO INTELLIGENCE- To the extent approved by the
President, the National Intelligence Director shall have access to all
national intelligence and intelligence related to the national security
which is collected by any Federal department, agency, or other entity,
except as otherwise provided by law or, as appropriate, under
guidelines agreed upon by the Attorney General and the National
Intelligence Director.
`(c) BUDGET AUTHORITIES- (1)(A) The National Intelligence
Director shall develop and present to the President on an annual basis
a budget for intelligence and intelligence-related activities of the
United States.
`(B) In carrying out subparagraph (A) for any fiscal year
for the components of the budget that comprise the National
Intelligence Program, the National Intelligence Director shall provide
guidance to the heads of departments containing elements of the
intelligence community, and to the heads of the elements of the
intelligence community, for development of budget inputs to the
National Intelligence Director.
`(2)(A) The National Intelligence Director shall
participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program and for
Tactical Intelligence and Related Activities.
`(B) The National Intelligence Director shall provide
guidance for the development of the annual budget for each element of
the intelligence community that is not within the National Intelligence
Program.
`(3) In carrying out paragraphs (1) and (2), the National
Intelligence Director may, as appropriate, obtain the advice of the
Joint Intelligence Community Council.
`(4) The National Intelligence Director shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
`(5)(A) The National Intelligence Director shall facilitate
the management and execution of funds appropriated for the National
Intelligence Program.
`(B) Notwithstanding any other provision of law, in
receiving funds pursuant to relevant appropriations Acts for the
National Intelligence Program, the Office of Management and Budget
shall apportion funds appropriated for the National Intelligence
Program to the National Intelligence Director for allocation to the
elements of the intelligence community through the host executive
departments that manage programs and activities that are part of the
National Intelligence Program.
`(C) The National Intelligence Director shall monitor the
implementation and execution of the National Intelligence Program by
the heads of the elements of the intelligence community that manage
programs and activities that are part of the National Intelligence
Program, which may include audits and evaluations, as necessary and
feasible.
`(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of title 31,
United States Code, and the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 621 et seq.).
`(7)(A) The National Intelligence Director shall provide a
quarterly report, beginning April 1, 2005, and ending April 1, 2007, to
the President and the Congress regarding implementation of this section.
`(B) The National Intelligence Director shall report to the
President and the Congress not later than 5 days after learning of any
instance in which a departmental comptroller acts in a manner
inconsistent with the law (including permanent statutes, authorization
Acts, and appropriations Acts), or the direction of the National
Intelligence Director, in carrying out the National Intelligence
Program.
`(d) ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN
REPROGRAMMING- (1) No funds made available under the National
Intelligence Program may be transferred or reprogrammed without the
prior approval of the National Intelligence Director, except in
accordance with procedures prescribed by the National Intelligence
Director.
`(2) The Secretary of Defense shall consult with the
National Intelligence Director before transferring or reprogramming
funds made available under the Joint Military Intelligence Program.
`(e) TRANSFER OF FUNDS OR PERSONNEL WITHIN NATIONAL
INTELLIGENCE PROGRAM- (1) In addition to any other authorities
available under law for such purposes, the National Intelligence
Director, with the approval of the Director of the Office of Management
and Budget--
`(A) may transfer funds appropriated for a program within the National Intelligence Program to another such program; and
`(B) in accordance with procedures to be developed by
the National Intelligence Director and the heads of the departments and
agencies concerned, may transfer personnel authorized for an element of
the intelligence community to another such element for periods up to
one year.
`(2) The amounts available for transfer in the National
Intelligence Program in any given fiscal year, and the terms and
conditions governing such transfers, are subject to the provisions of
annual appropriations Acts and this subsection.
`(3)(A) A transfer of funds or personnel may be made under this subsection only if--
`(i) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;
`(ii) the need for funds or personnel for such activity is based on unforeseen requirements;
`(iii) the transfer does not involve a transfer of funds to the Reserve for Contingencies of the Central Intelligence Agency;
`(iv) in the case of a transfer of funds, the transfer
results in a cumulative transfer of funds out of any department or
agency, as appropriate, funded in the National Intelligence Program in
a single fiscal year--
`(I) that is less than $100,000,000, and
`(II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and
`(v) the transfer does not terminate a program.
`(B) A transfer may be made without regard to a limitation
set forth in clause (iv) or (v) of subparagraph (A) if the transfer has
the concurrence of the head of the department or agency involved. The
authority to provide such concurrence may only be delegated by the head
of the department or agency involved to the deputy of such officer.
`(4) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to which
transferred.
`(5) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable to
reprogramming notifications for the appropriate congressional
committees. Any proposed transfer for which notice is given to the
appropriate congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the congressional
intelligence committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification
under procedures in effect as of the date of the enactment of this
subsection.
`(6)(A) The National Intelligence Director shall promptly submit to--
`(i) the congressional intelligence committees,
`(ii) in the case of the transfer of personnel to or
from the Department of Defense, the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, and
`(iii) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on the Judiciary of
the Senate and the House of Representatives,
a report on any transfer of personnel made pursuant to this subsection.
`(B) The Director shall include in any such report an
explanation of the nature of the transfer and how it satisfies the
requirements of this subsection.
`(f) TASKING AND OTHER AUTHORITIES- (1)(A) The National Intelligence Director shall--
`(i) develop collection objectives, priorities, and
guidance for the intelligence community to ensure timely and effective
collection, processing, analysis, and dissemination (including access
by users to collected data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection (b) and analytic
products generated by or within the intelligence community) of national
intelligence;
`(ii) determine and establish requirements and
priorities for, and manage and direct the tasking of, collection,
analysis, production, and dissemination of national intelligence by
elements of the intelligence community, including--
`(I) approving requirements for collection and analysis, and
`(II) resolving conflicts in collection
requirements and in the tasking of national collection assets of the
elements of the intelligence community; and
`(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within the National
Intelligence Program.
`(B) The authority of the National Intelligence Director under subparagraph (A) shall not apply--
`(i) insofar as the President so directs;
`(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking authority under
plans or arrangements agreed upon by the Secretary of Defense and the
National Intelligence Director; or
`(iii) to the direct dissemination of information to
State government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland Security Act
of 2002 (6 U.S.C. 121, 482).
`(2) The National Intelligence Director shall oversee the
National Counterterrorism Center and may establish such other national
intelligence centers as the Director determines necessary.
`(3)(A) The National Intelligence Director shall prescribe community-wide personnel policies that--
`(i) facilitate assignments across community elements and to the intelligence centers;
`(ii) establish overarching standards for intelligence education and training; and
`(iii) promote the most effective analysis and
collection of intelligence by ensuring a diverse workforce, including
the recruitment and training of women, minorities, and individuals with
diverse, ethnic, and linguistic backgrounds.
`(B) In developing the policies prescribed under
subparagraph (A), the National Intelligence Director shall consult with
the heads of the departments containing the elements of the
intelligence community.
`(C) Policies prescribed under subparagraph (A) shall not
be inconsistent with the personnel policies otherwise applicable to
members of the uniformed services.
`(4) The National Intelligence Director shall ensure
compliance with the Constitution and laws of the United States by the
Central Intelligence Agency and shall ensure such compliance by other
elements of the intelligence community through the host executive
departments that manage the programs and activities that are part of
the National Intelligence Program.
`(5) The National Intelligence Director shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
`(6) The National Intelligence Director shall perform such other functions as the President may direct.
Nothing in this Act shall be construed as affecting the role
of the Department of Justice or the Attorney General with respect to
applications under the Foreign Intelligence Surveillance Act of 1978.
`(g) INTELLIGENCE INFORMATION SHARING- (1) The National
Intelligence Director shall have principal authority to ensure maximum
availability of and access to intelligence information within the
intelligence community consistent with national security requirements.
The National Intelligence Director shall--
`(A) establish uniform security standards and procedures;
`(B) establish common information technology standards, protocols, and interfaces;
`(C) ensure development of information technology
systems that include multi-level security and intelligence integration
capabilities; and
`(D) establish policies and procedures to resolve
conflicts between the need to share intelligence information and the
need to protect intelligence sources and methods.
`(2) The President shall ensure that the National
Intelligence Director has all necessary support and authorities to
fully and effectively implement paragraph (1).
`(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department or agency
in question, a Federal agency or official shall not be considered to
have met any obligation to provide any information, report, assessment,
or other material (including unevaluated intelligence information) to
that department or agency solely by virtue of having provided that
information, report, assessment, or other material to the National
Intelligence Director or the National Counterterrorism Center.
`(4) Not later than February 1 of each year, the National
Intelligence Director shall submit to the President and to the Congress
an annual report that identifies any statute, regulation, policy, or
practice that the Director believes impedes the ability of the Director
to fully and effectively implement paragraph (1).
`(h) ANALYSIS- (1) The National Intelligence Director shall
ensure that all elements of the intelligence community strive for the
most accurate analysis of intelligence derived from all sources to
support national security needs.
`(2) The National Intelligence Director shall ensure that
intelligence analysis generally receives the highest priority when
distributing resources within the intelligence community and shall
carry out duties under this subsection in a manner that--
`(A) develops all-source analysis techniques;
`(B) ensures competitive analysis;
`(C) ensures that differences in judgment are fully considered and brought to the attention of policymakers; and
`(D) builds relationships between intelligence
collectors and analysts to facilitate greater understanding of the
needs of analysts.
`(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS- (1) In
order to protect intelligence sources and methods from unauthorized
disclosure and, consistent with that protection, to maximize the
dissemination of intelligence, the National Intelligence Director shall
establish and implement guidelines for the intelligence community for
the following purposes:
`(A) Classification of information.
`(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
`(C) Preparation of intelligence products in such a way
that source information is removed to allow for dissemination at the
lowest level of classification possible or in unclassified form to the
extent practicable.
`(2) The Director may only delegate a duty or authority
given the Director under this subsection to the Deputy National
Intelligence Director.
`(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
INFORMATION- The President, acting through the National Intelligence
Director, shall--
`(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any officer
or employee of any agency or department of the United States and to
employees of contractors of those agencies or departments;
`(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
`(3) ensure that security clearances granted by
individual elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts entered
into by those agencies; and
`(4) ensure that the process for investigation and
adjudication of an application for access to sensitive compartmented
information is performed in the most expeditious manner possible
consistent with applicable standards for national security.
`(k) COORDINATION WITH FOREIGN GOVERNMENTS- Under the
direction of the President and in a manner consistent with section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927), the National
Intelligence Director shall oversee the coordination of the
relationships between elements of the intelligence community and the
intelligence or security services of foreign governments on all matters
involving intelligence related to the national security or involving
intelligence acquired through clandestine means.
`(l) ENHANCED PERSONNEL MANAGEMENT- (1)(A) The National
Intelligence Director shall, under regulations prescribed by the
Director, provide incentives for personnel of elements of the
intelligence community to serve--
`(i) on the staff of the National Intelligence Director;
`(ii) on the staff of the national intelligence centers;
`(iii) on the staff of the National Counterterrorism Center; and
`(iv) in other positions in support of the intelligence community management functions of the Director.
`(B) Incentives under subparagraph (A) may include
financial incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
`(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are assigned
or detailed under paragraph (1)(A) to service under the National
Intelligence Director shall be promoted at rates equivalent to or
better than personnel of such element who are not so assigned or
detailed.
`(B) The Director may prescribe regulations to carry out this section.
`(3)(A) The National Intelligence Director shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligence
community through various elements of the intelligence community in the
course of their careers in order to facilitate the widest possible
understanding by such personnel of the variety of intelligence
requirements, methods, users, and capabilities.
`(B) The mechanisms prescribed under subparagraph (A) may include the following:
`(i) The establishment of special occupational
categories involving service, over the course of a career, in more than
one element of the intelligence community.
`(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two or more
elements of the intelligence community.
`(iii) The establishment of requirements for education,
training, service, and evaluation that involve service in more than one
element of the intelligence community.
`(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent practical, seek
to duplicate for civilian personnel within the intelligence community
the joint officer management policies established by chapter 38 of
title 10, United States Code, and the other amendments made by title IV
of the Goldwater-Nichols Department of Defense Reorganization Act of
1986 (Public Law 99-433).
`(4)(A) This subsection shall not apply with respect to
personnel of the elements of the intelligence community who are members
of the uniformed services or law enforcement officers (as that term is
defined in section 5541(3) of title 5, United States Code).
`(B) Assignment to the Office of the National Intelligence
Director of commissioned officers of the Armed Forces shall be
considered a joint-duty assignment for purposes of the joint officer
management policies prescribed by chapter 38 of title 10, United States
Code, and other provisions of that title.
`(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL- (1) In
addition to the authorities under subsection (f)(3), the National
Intelligence Director may exercise with respect to the personnel of the
Office of the National Intelligence Director any authority of the
Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
subsection to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
`(2) Employees and applicants for employment of the Office
of the National Intelligence Director shall have the same rights and
protections under the Office of the National Intelligence Director as
employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of
law, as of the date of the enactment of this subsection.
`(n) ACQUISITION AUTHORITIES- (1) In carrying out the
responsibilities and authorities under this section, the National
Intelligence Director may exercise the acquisition authorities referred
to in the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et
seq.).
`(2) For the purpose of the exercise of any authority
referred to in paragraph (1), a reference to the head of an agency
shall be deemed to be a reference to the National Intelligence Director
or the Deputy National Intelligence Director.
`(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency may be
made with respect to individual purchases and contracts or with respect
to classes of purchases or contracts, and shall be final.
`(B) Except as provided in subparagraph (C), the National
Intelligence Director or the Deputy National Intelligence Director may,
in such official's discretion, delegate to any officer or other
official of the Office of the National Intelligence Director any
authority to make a determination or decision as the head of the agency
under an authority referred to in paragraph (1).
`(C) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d))
shall apply to the exercise by the National Intelligence Director of an
authority referred to in paragraph (1).
`(D) Each determination or decision required by an
authority referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon written
findings made by the official making such determination or decision,
which findings shall be final and shall be available within the Office
of the National Intelligence Director for a period of at least six
years following the date of such determination or decision.
`(o) CONSIDERATION OF VIEWS OF ELEMENTS OF THE INTELLIGENCE
COMMUNITY- In carrying out the duties and responsibilities under this
section, the National Intelligence Director shall take into account the
views of a head of a department containing an element of the
intelligence community and of the Director of the Central Intelligence
Agency.
`OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR
`SEC. 103. (a) ESTABLISHMENT OF OFFICE; FUNCTION- (1) There
is an Office of the National Intelligence Director. The Office of the
National Intelligence Director shall not be located within the
Executive Office of the President.
`(2) The function of the Office is to assist the National
Intelligence Director in carrying out the duties and responsibilities
of the Director under this Act and to carry out such other duties as
may be prescribed by the President or by law.
`(3) Any authority, power, or function vested by law in any
officer, employee, or part of the Office of the National Intelligence
Director is vested in, or may be exercised by, the National
Intelligence Director.
`(4) Exemptions, exceptions, and exclusions for the Central
Intelligence Agency or for personnel, resources, or activities of such
Agency from otherwise applicable laws, other than the exception
contained in section 104A(c)(1) shall apply in the same manner to the
Office of the National Intelligence Director and the personnel,
resources, or activities of such Office.
`(b) OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- (1) The
Office of the National Intelligence Director is composed of the
following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(C) The Deputy National Intelligence Director for Operations.
`(D) The Deputy National Intelligence Director for Community Management and Resources.
`(E) The Associate National Intelligence Director for Military Support.
`(F) The Associate National Intelligence Director for Domestic Security.
`(G) The Associate National Intelligence Director for Diplomatic Affairs.
`(H) The National Intelligence Council.
`(I) The General Counsel to the National Intelligence Director.
`(J) Such other offices and officials as may be
established by law or the National Intelligence Director may establish
or designate in the Office.
`(2) To assist the National Intelligence Director in
fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the National
Intelligence Director a staff having expertise in matters relating to
such duties and responsibilities and may establish permanent positions
and appropriate rates of pay with respect to such staff.
`(c) DEPUTY NATIONAL INTELLIGENCE DIRECTOR- (1) There is a
Deputy National Intelligence Director who shall be appointed by the
President, by and with the advice and consent of the Senate.
`(2) The Deputy National Intelligence Director shall assist
the National Intelligence Director in carrying out the responsibilities
of the National Intelligence Director under this Act.
`(3) The Deputy National Intelligence Director shall act
for, and exercise the powers of, the National Intelligence Director
during the absence or disability of the National Intelligence Director
or during a vacancy in the position of the National Intelligence
Director.
`(4) The Deputy National Intelligence Director takes
precedence in the Office of the National Intelligence Director
immediately after the National Intelligence Director.
`(d) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR OPERATIONS-
(1) There is a Deputy National Intelligence Director for Operations.
`(2) The Deputy National Intelligence Director for Operations shall--
`(A) assist the National Intelligence Director in all
aspects of intelligence operations, including intelligence tasking,
requirements, collection, and analysis;
`(B) assist the National Intelligence Director in overseeing the national intelligence centers; and
`(C) perform such other duties and exercise such powers as National Intelligence Director may prescribe.
`(e) DEPUTY NATIONAL INTELLIGENCE DIRECTOR FOR COMMUNITY
MANAGEMENT AND RESOURCES- (1) There is a Deputy National Intelligence
Director for Community Management and Resources.
`(2) The Deputy National Intelligence Director for Community Management and Resources shall--
`(A) assist the National Intelligence Director in all
aspects of management and resources, including administration,
budgeting, information security, personnel, training, and programmatic
functions; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(f) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR MILITARY
SUPPORT- (1) There is an Associate National Intelligence Director for
Military Support who shall be appointed by the National Intelligence
Director, in consultation with the Secretary of Defense.
`(2) The Associate National Intelligence Director for Military Support shall--
`(A) ensure that the intelligence needs of the Department of Defense are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(g) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR DOMESTIC
SECURITY- (1) There is an Associate National Intelligence Director for
Domestic Security who shall be appointed by the National Intelligence
Director in consultation with the Attorney General and the Secretary of
Homeland Security.
`(2) The Associate National Intelligence Director for Domestic Security shall--
`(A) ensure that the intelligence needs of the
Department of Justice, the Department of Homeland Security, and other
relevant executive departments and agencies are met; and
`(B) perform such other duties and exercise such powers
as the National Intelligence Director may prescribe, except that the
National Intelligence Director may not make such officer responsible
for disseminating any domestic or homeland security information to
State government or local government officials or any private sector
entity.
`(h) ASSOCIATE NATIONAL INTELLIGENCE DIRECTOR FOR
DIPLOMATIC AFFAIRS- (1) There is an Associate National Intelligence
Director for Diplomatic Affairs who shall be appointed by the National
Intelligence Director in consultation with the Secretary of State.
`(2) The Associate National Intelligence Director for Diplomatic Affairs shall--
`(A) ensure that the intelligence needs of the Department of State are met; and
`(B) perform such other duties and exercise such powers as the National Intelligence Director may prescribe.
`(i) MILITARY STATUS OF DIRECTOR AND DEPUTY DIRECTORS- (1)
Not more than one of the individuals serving in the positions specified
in paragraph (2) may be a commissioned officer of the Armed Forces in
active status.
`(2) The positions referred to in this paragraph are the following:
`(A) The National Intelligence Director.
`(B) The Deputy National Intelligence Director.
`(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
`(A) be a commissioned officer of the Armed Forces, in active status; or
`(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
`(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)--
`(A) shall not be subject to supervision or control by
the Secretary of Defense or by any officer or employee of the
Department of Defense;
`(B) shall not exercise, by reason of the officer's
status as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the Department
of Defense except as otherwise authorized by law; and
`(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of such
officer authorized for the military department of that officer.
`(5) Except as provided in subparagraph (A) or (B) of
paragraph (4), the appointment of an officer of the Armed Forces to a
position specified in paragraph (2) shall not affect the status,
position, rank, or grade of such officer in the Armed Forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of such status, position, rank, or grade.
`(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2), while
serving in such position and while remaining on active duty, shall
continue to receive military pay and allowances and shall not receive
the pay prescribed for such position. Funds from which such pay and
allowances are paid shall be reimbursed from funds available to the
National Intelligence Director.
`(j) NATIONAL INTELLIGENCE COUNCIL- (1) Within the Office
of the Deputy National Intelligence Director for Operations, there is a
National Intelligence Council.
`(2)(A) The National Intelligence Council shall be composed
of senior analysts within the intelligence community and substantive
experts from the public and private sector, who shall be appointed by
and report to the Deputy National Intelligence Director for Operations.
`(B) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as a
condition of service on the Council, or as contractors of the Council
or employees of such contractors, to ensure the protection of
intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
`(3) The National Intelligence Council shall--
`(A) produce national intelligence estimates for the
United States Government, which shall include as a part of such
estimates in their entirety, alternative views, if any, held by
elements of the intelligence community;
`(B) evaluate community-wide collection and production
of intelligence by the intelligence community and the requirements and
resources of such collection and production; and
`(C) otherwise assist the National Intelligence
Director in carrying out the responsibility of the National
Intelligence Director to provide national intelligence.
`(4) Within their respective areas of expertise and under
the direction of the Deputy National Intelligence Director for
Operations, the members of the National Intelligence Council shall
constitute the senior intelligence advisers of the intelligence
community for purposes of representing the views of the intelligence
community within the United States Government.
`(5) Subject to the direction and control of the Deputy
National Intelligence Director for Operations, the National
Intelligence Council may carry out its responsibilities under this
section by contract, including contracts for substantive experts
necessary to assist the Council with particular assessments under this
subsection.
`(6) The Deputy National Intelligence Director for
Operations shall make available to the National Intelligence Council
such personnel as may be necessary to permit the Council to carry out
its responsibilities under this section.
`(7) The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the National Intelligence Director.
`(k) GENERAL COUNSEL TO THE NATIONAL INTELLIGENCE DIRECTOR-
(1) There is a General Counsel to the National Intelligence Director.
`(2) The individual serving in the position of General
Counsel to the National Intelligence Director may not, while so
serving, also serve as the General Counsel of any other agency or
department of the United States.
`(3) The General Counsel to the National Intelligence
Director is the chief legal officer for the National Intelligence
Director.
`(4) The General Counsel to the National Intelligence
Director shall perform such functions as the National Intelligence
Director may prescribe.
`(l) INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY OFFICER-
(1) There is an Intelligence Community Information Technology Officer
who shall be appointed by the National Intelligence Director.
`(2) The mission of the Intelligence Community Information
Technology Officer is to assist the National Intelligence Director in
ensuring the sharing of information in the fullest and most prompt
manner between and among elements of the intelligence community
consistent with section 102A(g).
`(3) The Intelligence Community Information Technology Officer shall--
`(A) assist the Deputy National Intelligence Director
for Community Management and Resources in developing and implementing
an integrated information technology network;
`(B) develop an enterprise architecture for the
intelligence community and assist the Deputy National Intelligence
Director for Community Management and Resources in ensuring that
elements of the intelligence community comply with such architecture;
`(C) have procurement approval authority over all
enterprise architecture-related information technology items funded in
the National Intelligence Program;
`(D) ensure that all such elements have the most direct
and continuous electronic access to all information (including
unevaluated intelligence consistent with existing laws and the
guidelines referred to in section 102A(b)) necessary for appropriately
cleared analysts to conduct comprehensive all-source analysis and for
appropriately cleared policymakers to perform their duties--
`(i) directly, in the case of the elements of the intelligence community within the National Intelligence Program, and
`(ii) in conjunction with the Secretary of Defense
and other applicable heads of departments with intelligence elements
outside the National Intelligence Program;
`(E) review and provide recommendations to the Deputy
National Intelligence Director for Community Management and Resources
on National Intelligence Program budget requests for information
technology and national security systems;
`(F) assist the Deputy National Intelligence Director
for Community Management and Resources in promulgating and enforcing
standards on information technology and national security systems that
apply throughout the elements of the intelligence community;
`(G) ensure that within and between the elements of the
National Intelligence Program, duplicative and unnecessary information
technology and national security systems are eliminated; and
`(H) pursuant to the direction of the National
Intelligence Director, consult with the Director of the Office of
Management and Budget to ensure that the Office of the National
Intelligence Director coordinates and complies with national security
requirements consistent with applicable law, Executive orders, and
guidance; and
`(I) perform such other duties with respect to the
information systems and information technology of the Office of the
National Intelligence Director as may be prescribed by the Deputy
National Intelligence Director for Community Management and Resources
or specified by law.
`CENTRAL INTELLIGENCE AGENCY
`SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY- There is a Central Intelligence Agency.
`(b) FUNCTION- The function of the Central Intelligence
Agency is to assist the Director of the Central Intelligence Agency in
carrying out the responsibilities specified in section 104A(c).
`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
`SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY-
There is a Director of the Central Intelligence Agency who shall be
appointed by the President, by and with the advice and consent of the
Senate. The Director shall be under the authority, direction, and
control of the National Intelligence Director, except as otherwise
determined by the President.
`(b) DUTIES- In the capacity as Director of the Central
Intelligence Agency, the Director of the Central Intelligence Agency
shall--
`(1) carry out the responsibilities specified in subsection (c); and
`(2) serve as the head of the Central Intelligence Agency.
`(c) RESPONSIBILITIES- The Director of the Central Intelligence Agency shall--
`(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the Central
Intelligence Agency shall have no police, subpoena, or law enforcement
powers or internal security functions;
`(2) provide overall direction for the collection of
national intelligence through human sources by elements of the
intelligence community authorized to undertake such collection and, in
coordination with other agencies of the Government which are authorized
to undertake such collection, ensure that the most effective use is
made of resources and that the risks to the United States and those
involved in such collection are minimized;
`(3) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
`(4) perform such additional services as are of common
concern to the elements of the intelligence community, which services
the National Intelligence Director determines can be more efficiently
accomplished centrally; and
`(5) perform such other functions and duties related to
intelligence affecting the national security as the President or the
National Intelligence Director may direct.
`(d) DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY-
There is a Deputy Director of the Central Intelligence Agency who shall
be appointed by the President. The Deputy Director shall perform such
functions as the Director may prescribe and shall perform the duties of
the Director during the Director's absence or disability or during a
vacancy in the position of the Director of the Central Intelligence
Agency.
`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1)
Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
Intelligence Agency whenever the Director considers the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
`(2) Any termination of employment of an officer or
employee under paragraph (1) shall not affect the right of the officer
or employee to seek or accept employment in any other department,
agency, or element of the United States Government if declared eligible
for such employment by the Office of Personnel Management.'.
(b) FIRST DIRECTOR- (1) When the Senate receives the
nomination of a person for the initial appointment by the President for
the position of National Intelligence Director, it shall consider and
dispose of such nomination within a period of 30 legislative days.
(2) If the Senate does not dispose of such nomination referred to in paragraph (1) within such period--
(A) Senate confirmation is not required; and
(B) the appointment of such nominee as National Intelligence Director takes effect upon administration of the oath of office.
(3) For the purposes of this subsection, the term `legislative day' means a day on which the Senate is in session.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(5) The terms `national intelligence' and
`intelligence related to national security' refer to all intelligence,
regardless of the source from which derived and including information
gathered within or outside the United States, that--
`(A) pertains, as determined consistent with any
guidance issued by the President, to more than one United States
Government agency; and
`(i) threats to the United States, its people, property, or interests;
`(ii) the development, proliferation, or use of weapons of mass destruction; or
`(iii) any other matter bearing on United States national or homeland security.'.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a) Development of Procedures- The National Intelligence
Director, in consultation with the Secretary of Defense and the
Director of the Central Intelligence Agency, shall develop joint
procedures to be used by the Department of Defense and the Central
Intelligence Agency to improve the coordination and deconfliction of
operations that involve elements of both the Armed Forces and the
Central Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those procedures
shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution, and
sustainment of operations, including, as a minimum--
(A) information exchange between senior officials
of the Central Intelligence Agency and senior officers and officials of
the Department of Defense when planning for such an operation commences
by either organization; and
(B) exchange of information between the Secretary
and the Director of the Central Intelligence Agency to ensure that
senior operational officials in both the Department of Defense and the
Central Intelligence Agency have knowledge of the existence of the
ongoing operations of the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting separate
missions in the same geographical area, mutual agreement on the
tactical and strategic objectives for the region and a clear
delineation of operational responsibilities to prevent conflict and
duplication of effort.
(b) Implementation Report- Not later than 180 days after
the date of the enactment of the Act, the National Intelligence
Director shall submit to the congressional defense committees (as
defined in section 101 of title 10, United States Code) and the
congressional intelligence committees (as defined in section 3(7) of
the National Security Act of 1947 (50 U.S.C. 401a(7))) a report
describing the procedures established pursuant to subsection (a) and
the status of the implementation of those procedures.
SEC. 1014. ROLE OF NATIONAL INTELLIGENCE DIRECTOR IN
APPOINTMENT OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED
ACTIVITIES.
Section 106 of the National Security Act of 1947 (50 U.S.C.
403-6) is amended by striking all after the heading and inserting the
following:
`(a) RECOMMENDATION OF NID IN CERTAIN APPOINTMENTS- (1) In
the event of a vacancy in a position referred to in paragraph (2), the
National Intelligence Director shall recommend to the President an
individual for nomination to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Deputy National Intelligence Director.
`(B) The Director of the Central Intelligence Agency.
`(b) CONCURRENCE OF NID IN APPOINTMENTS TO POSITIONS IN THE
INTELLIGENCE COMMUNITY- (1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or agency
having jurisdiction over the position shall obtain the concurrence of
the National Intelligence Director before appointing an individual to
fill the vacancy or recommending to the President an individual to be
nominated to fill the vacancy. If the Director does not concur in the
recommendation, the head of the department or agency concerned may not
fill the vacancy or make the recommendation to the President (as the
case may be).
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the National Security Agency.
`(B) The Director of the National Reconnaissance Office.
`(C) The Director of the National Geospatial-Intelligence Agency.
`(c) CONSULTATION WITH NATIONAL INTELLIGENCE DIRECTOR IN
CERTAIN POSITIONS- (1) In the event of a vacancy in a position referred
to in paragraph (2), the head of the department or agency having
jurisdiction over the position shall consult with the National
Intelligence Director before appointing an individual to fill the
vacancy or recommending to the President an individual to be nominated
to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the Defense Intelligence Agency.
`(B) The Assistant Secretary of State for Intelligence and Research.
`(C) The Director of the Office of Intelligence of the Department of Energy.
`(D) The Director of the Office of Counterintelligence of the Department of Energy.
`(E) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
`(F) The Executive Assistant Director for Intelligence of the Federal Bureau of Investigation.
`(G) The Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection.
`(H) The Deputy Assistant Commandant of the Coast Guard for Intelligence.
SEC. 1015. INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) INITIAL APPOINTMENT OF THE NATIONAL INTELLIGENCE
DIRECTOR- Notwithstanding section 102(a)(1) of the National Security
Act of 1947, as added by section 1011(a), the individual serving as the
Director of Central Intelligence on the date immediately preceding the
date of the enactment of this Act may, at the discretion of the
President, become the National Intelligence Director as of the date of
the enactment of this Act.
(b) GENERAL REFERENCES- (1) Any reference to the Director
of Central Intelligence in the Director's capacity as the head of the
intelligence community in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the National Intelligence Director.
(2) Any reference to the Director of Central Intelligence
in the Director's capacity as the head of the Central Intelligence
Agency in any law, regulation, document, paper, or other record of the
United States shall be deemed to be a reference to the Director of the
Central Intelligence Agency.
(3) Any reference to the Deputy Director of Central
Intelligence in the Deputy Director's capacity as deputy to the head of
the intelligence community in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the Deputy National Intelligence Director.
(4) Any reference to the Deputy Director of Central
Intelligence for Community Management in any law, regulation, document,
paper, or other record of the United States shall be deemed to be a
reference to the Deputy National Intelligence Director for Community
Management and Resources.
SEC. 1016. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL I- Section 5312 of title 5,
United States Code, is amended by adding the end the following new item:
`National Intelligence Director.'.
(b) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5,
United States Code, is amended by adding at the end the following new
items:
`Deputy National Intelligence Director.
`Director of the National Counterterrorism Center.'.
(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5,
United States Code, is amended by striking the item relating to the
Assistant Directors of Central Intelligence.
Subtitle B--National Counterterrorism Center and Civil Liberties Protections
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
(a) IN GENERAL- Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by adding at the end the
following new section:
`NATIONAL COUNTERTERRORISM CENTER
`SEC. 119. (a) ESTABLISHMENT OF CENTER- There is within the
Office of the National Intelligence Director a National
Counterterrorism Center.
`(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER- There is
a Director of the National Counterterrorism Center, who shall be the
head of the National Counterterrorism Center, who shall be appointed by
National Intelligence Director.
`(c) SUPERVISION- The Director of the National Counterterrorism Center shall report to the National Intelligence Director on--
`(1) the budget and programs of the National Counterterrorism Center;
`(2) the activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (h);
`(3) the conduct of intelligence operations implemented by other elements of the intelligence community; and
`(4) the planning and progress of joint counterterrorism operations (other than intelligence operations).
The National Intelligence Director shall carry out this
section through the Deputy National Intelligence Director for
Operations.
`(d) PRIMARY MISSIONS- The primary missions of the National Counterterrorism Center shall be as follows:
`(1) To serve as the primary organization in the United
States Government for analyzing and integrating all intelligence
possessed or acquired by the United States Government pertaining to
terrorism and counterterrorism, excepting intelligence pertaining
exclusively to domestic counterterrorism.
`(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of national
power, including diplomatic, financial, military, intelligence,
homeland security, and law enforcement activities within and among
agencies.
`(3) To support operational responsibilities assigned
to lead agencies for counterterrorism activities by ensuring that such
agencies have access to and receive intelligence needed to accomplish
their assigned activities.
`(4) To ensure that agencies, as appropriate, have
access to and receive all-source intelligence support needed to execute
their counterterrorism plans or perform independent, alternative
analysis.
`(e) Domestic Counterterrorism Intelligence- (1) The Center
may, consistent with applicable law, the direction of the President,
and the guidelines referred to in section 102A(b), receive intelligence
pertaining exclusively to domestic counterterrorism from any Federal,
State, or local government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
`(2) Any agency authorized to conduct counterterrorism
activities may request information from the Center to assist it in its
responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
`(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR- The Director of the National Counterterrorism Center shall--
`(1) serve as the principal adviser to the National
Intelligence Director on intelligence operations relating to
counterterrorism;
`(2) provide strategic guidance and plans for the
civilian and military counterterrorism efforts of the United States
Government and for the effective integration of counterterrorism
intelligence and operations across agency boundaries, both inside and
outside the United States;
`(3) advise the National Intelligence Director on the
extent to which the counterterrorism program recommendations and budget
proposals of the departments, agencies, and elements of the United
States Government conform to the priorities established by the
President;
`(4) disseminate terrorism information, including
current terrorism threat analysis, to the President, the Vice
President, the Secretaries of State, Defense, and Homeland Security,
the Attorney General, the Director of the Central Intelligence Agency,
and other officials of the executive branch as appropriate, and to the
appropriate committees of Congress;
`(5) support the Department of Justice and the
Department of Homeland Security, and other appropriate agencies, in
fulfillment of their responsibilities to disseminate terrorism
information, consistent with applicable law, Executive Orders and other
Presidential guidance, to State and local government officials, and
other entities, and coordinate dissemination of terrorism information
to foreign governments as approved by the National Intelligence
Director;
`(6) consistent with priorities approved by the
President, assist the National Intelligence Director in establishing
requirements for the intelligence community for the collection of
terrorism information; and
`(7) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law.
`(g) LIMITATION- The Director of the National
Counterterrorism Center may not direct the execution of
counterterrorism operations.
`(h) RESOLUTION OF DISPUTES- The National Intelligence
Director shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency, or
element of the United States Government on designations, assignments,
plans, or responsibilities. The head of such a department, agency, or
element may appeal the resolution of the disagreement by the National
Intelligence Director to the President.
`(i) DIRECTORATE OF INTELLIGENCE- The Director of the
National Counterterrorism Center shall establish and maintain within
the National Counterterrorism Center a Directorate of Intelligence
which shall have primary responsibility within the United States
Government for analysis of terrorism and terrorist organizations
(except for purely domestic terrorism and domestic terrorist
organizations) from all sources of intelligence, whether collected
inside or outside the United States.
`(j) DIRECTORATE OF STRATEGIC PLANNING- The Director of the
National Counterterrorism Center shall establish and maintain within
the National Counterterrorism Center a Directorate of Strategic
Planning which shall provide strategic guidance and plans for
counterterrorism operations conducted by the United States Government.'.
(b) CLERICAL AMENDMENT- The table of sections for the
National Security Act of 1947 is amended by inserting after the item
relating to section 118 the following new item:
`Sec. 119. National Counterterrorism Center.'.
SEC. 1022. CIVIL LIBERTIES PROTECTION OFFICER.
(a) CIVIL LIBERTIES PROTECTION OFFICER- (1) Within the
Office of the National Intelligence Director, there is a Civil
Liberties Protection Officer who shall be appointed by the National
Intelligence Director.
(2) The Civil Liberties Protection Officer shall report directly to the National Intelligence Director.
(b) Duties- The Civil Liberties Protection Officer shall--
(1) ensure that the protection of civil liberties and
privacy is appropriately incorporated in the policies and procedures
developed for and implemented by the Office of the National
Intelligence Director and the elements of the intelligence community
within the National Intelligence Program;
(2) oversee compliance by the Office and the National
Intelligence Director with requirements under the Constitution and all
laws, regulations, Executive orders, and implementing guidelines
relating to civil liberties and privacy;
(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in the
administration of the programs and operations of the Office and the
National Intelligence Director and, as appropriate, investigate any
such complaint or information;
(4) ensure that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection, and
disclosure of personal information;
(5) ensure that personal information contained in a
system of records subject to section 552a of title 5, United States
Code (popularly referred to as the `Privacy Act'), is handled in full
compliance with fair information practices as set out in that section;
(6) conduct privacy impact assessments when appropriate or as required by law; and
(7) perform such other duties as may be prescribed by the National Intelligence Director or specified by law.
(c) USE OF AGENCY INSPECTORS GENERAL- When appropriate, the
Civil Liberties Protection Officer may refer the Office of Inspector
General having responsibility for the affected element of the
department or agency of the intelligence community to conduct an
investigation under paragraph (3) of subsection (b).
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) ESTABLISHMENT- (1) There is hereby established a Joint Intelligence Community Council.
(b) FUNCTIONS- (1) The Joint Intelligence Community Council
shall provide advice to the National Intelligence Director as
appropriate.
(2) The National Intelligence Director shall consult with
the Joint Intelligence Community Council in developing guidance for the
development of the annual National Intelligence Program budget.
(c) MEMBERSHIP- The Joint Intelligence Community Council shall consist of the following:
(1) The National Intelligence Director, who shall chair the Council.
(2) The Secretary of State.
(3) The Secretary of the Treasury.
(4) The Secretary of Defense.
(5) The Attorney General.
(6) The Secretary of Energy.
(7) The Secretary of Homeland Security.
(8) Such other officials of the executive branch as the President may designate.
Subtitle D--Improvement of Human Intelligence (HUMINT)
SEC. 1041. HUMAN INTELLIGENCE AS AN INCREASINGLY CRITICAL COMPONENT OF THE INTELLIGENCE COMMUNITY.
It is a sense of Congress that--
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the face of great
personal dangers;
(2) during an extended period of unprecedented
investment and improvements in technical collection means, the human
intelligence capabilities of the United States have not received the
necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly
important capability to provide information on the asymmetric threats
to the national security of the United States;
(4) the continued development and improvement of a
robust and empowered and flexible human intelligence work force is
critical to identifying, understanding, and countering the plans and
intentions of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence capabilities of
the United States intelligence community must be among the top
priorities of the National Intelligence Director.
SEC. 1042. IMPROVEMENT OF HUMAN INTELLIGENCE CAPACITY.
Not later than 6 months after the date of the enactment of
this Act, the National Intelligence Director shall submit to Congress a
report on existing human intelligence (HUMINT) capacity which shall
include a plan to implement changes, as necessary, to accelerate
improvements to, and increase the capacity of, HUMINT across the
intelligence community.
Subtitle E--Improvement of Education for the Intelligence Community
SEC. 1051. MODIFICATION OF OBLIGATED SERVICE REQUIREMENTS UNDER NATIONAL SECURITY EDUCATION PROGRAM.
(a) In General- (1) Subsection (b)(2) of section 802 of the
David L. Boren National Security Education Act of 1991 (50 U.S.C. 1902)
is amended to read as follows:
`(2) will meet the requirements for obligated service described in subsection (j); and'.
(2) Such section is further amended by adding at the end the following new subsection:
`(j) REQUIREMENTS FOR OBLIGATED SERVICE IN THE GOVERNMENT-
(1) Each recipient of a scholarship or a fellowship under the program
shall work in a specified national security position. In this
subsection, the term `specified national security position' means a
position of a department or agency of the United States that the
Secretary certifies is appropriate to use the unique language and
region expertise acquired by the recipient pursuant to the study for
which scholarship or fellowship assistance (as the case may be) was
provided under the program.
`(2) Each such recipient shall commence work in a specified
national security position as soon as practicable but in no case later
than two years after the completion by the recipient of the study for
which scholarship or fellowship assistance (as the case may be) was
provided under the program.
`(3) Each such recipient shall work in a specified national
security position for a period specified by the Secretary, which period
shall include--
`(A) in the case of a recipient of a scholarship, one
year of service for each year, or portion thereof, for which such
scholarship assistance was provided, and
`(B) in the case of a recipient of a fellowship, not
less than one nor more than three years for each year, or portion
thereof, for which such fellowship assistance was provided.
`(4) Recipients shall seek specified national security positions as follows:
`(A) In the Department of Defense or in any element of the intelligence community.
`(B) In the Department of State or in the Department of
Homeland Security, if the recipient demonstrates to the Secretary that
no position is available in the Department of Defense or in any element
of the intelligence community.
`(C) In any other Federal department or agency not
referred to in subparagraphs (A) and (B), if the recipient demonstrates
to the Secretary that no position is available in a Federal department
or agency specified in such paragraphs.'.
(b) Regulations- The Secretary of Defense shall prescribe
regulations to carry out subsection (j) of section 802 of the David L.
Boren National Security Education Act of 1991, as added by subsection
(a). In prescribing such regulations, the Secretary shall establish
standards that recipients of scholarship and fellowship assistance
under the program under section 802 of the David L. Boren National
Security Education Act of 1991 are required to demonstrate in order to
satisfy the requirement of a good faith effort to gain employment as
required under such subsection.
(c) Applicability- (1) The amendments made by subsection
(a) shall apply with respect to service agreements entered into under
the David L. Boren National Security Education Act of 1991 on or after
the date of the enactment of this Act.
(2) The amendments made by subsection (a) shall not affect
the force, validity, or terms of any service agreement entered into
under the David L. Boren National Security Education Act of 1991 before
the date of the enactment of this Act that is in force as of that date.
SEC. 1052. IMPROVEMENTS TO THE NATIONAL FLAGSHIP LANGUAGE INITIATIVE.
(a) INCREASE IN ANNUAL AUTHORIZATION OF APPROPRIATIONS- (1)
Title VIII of the Intelligence Authorization Act for Fiscal Year 1992
(Public Law 102-183; 105 Stat. 1271), as amended by section 311(c) of
the Intelligence Authorization Act for Fiscal Year 1994 (Public Law
103-178; 107 Stat. 2037) and by section 333(b) of the Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306; 116 Stat.
2397), is amended in subsection (a) of section 811 by striking `there
is authorized to be appropriated to the Secretary for each fiscal year,
beginning with fiscal year 2003, $10,000,000,' and inserting `there is
authorized to be appropriated to the Secretary for each of fiscal years
2003 and 2004, $10,000,000, and for fiscal year 2005 and each
subsequent fiscal year, $12,000,000,'.
(2) Subsection (b) of such section is amended by inserting
`for fiscal years 2003 and 2004 only' after `authorization of
appropriations under subsection (a)'.
(b) REQUIREMENT FOR EMPLOYMENT AGREEMENTS- (1) Section
802(i) of the David L. Boren National Security Education Act of 1991
(50 U.S.C. 1902(i)) is amended by adding at the end the following new
paragraph:
`(5)(A) In the case of an undergraduate or graduate student
that participates in training in programs under paragraph (1), the
student shall enter into an agreement described in subsection (b),
other than such a student who has entered into such an agreement
pursuant to subparagraph (A)(ii) or (B)(ii) of section 802(a)(1).
`(B) In the case of an employee of an agency or department
of the Federal Government that participates in training in programs
under paragraph (1), the employee shall agree in writing--
`(i) to continue in the service of the agency or
department of the Federal Government employing the employee for the
period of such training;
`(ii) to continue in the service of such agency or
department employing the employee following completion of such training
for a period of two years for each year, or part of the year, of such
training;
`(iii) to reimburse the United States for the total
cost of such training (excluding the employee's pay and allowances)
provided to the employee if, before the completion by the employee of
the training, the employment of the employee by the agency or
department is terminated due to misconduct by the employee or by the
employee voluntarily; and
`(iv) to reimburse the United States if, after
completing such training, the employment of the employee by the agency
or department is terminated either by the agency or department due to
misconduct by the employee or by the employee voluntarily, before the
completion by the employee of the period of service required in clause
(ii), in an amount that bears the same ratio to the total cost of the
training (excluding the employee's pay and allowances) provided to the
employee as the unserved portion of such period of service bears to the
total period of service under clause (ii).
`(C) Subject to subparagraph (D), the obligation to
reimburse the United States under an agreement under subparagraph (A)
is for all purposes a debt owing the United States.
`(D) The head of an element of the intelligence community
may release an employee, in whole or in part, from the obligation to
reimburse the United States under an agreement under subparagraph (A)
when, in the discretion of the head of the element, the head of the
element determines that equity or the interests of the United States so
require.'.
(2) The amendment made by paragraph (1) shall apply to
training that begins on or after the date that is 90 days after the
date of the enactment of this Act.
(c) INCREASE IN THE NUMBER OF PARTICIPATING EDUCATIONAL
INSTITUTIONS- The Secretary of Defense shall take such steps as the
Secretary determines will increase the number of qualified educational
institutions that receive grants under the National Flagship Language
Initiative to establish, operate, or improve activities designed to
train students in programs in a range of disciplines to achieve
advanced levels of proficiency in those foreign languages that the
Secretary identifies as being the most critical in the interests of the
national security of the United States.
(d) CLARIFICATION OF AUTHORITY TO SUPPORT STUDIES ABROAD-
Educational institutions that receive grants under the National
Flagship Language Initiative may support students who pursue total
immersion foreign language studies overseas of foreign languages that
are critical to the national security of the United States.
SEC. 1053. ESTABLISHMENT OF SCHOLARSHIP PROGRAM FOR ENGLISH
LANGUAGE STUDIES FOR HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES
WITHIN THE NATIONAL SECURITY EDUCATION PROGRAM.
(a) SCHOLARSHIP PROGRAM FOR ENGLISH LANGUAGE STUDIES FOR
HERITAGE COMMUNITY CITIZENS OF THE UNITED STATES- (1) Subsection (a)(1)
of section 802 of the David L. Boren National Security Education Act of
1991 (50 U.S.C. 1902) is amended--
(A) by striking `and' at the end of subparagraph (C);
(B) by striking the period at the end of subparagraph (D) and inserting `; and'; and
(C) by adding at the end the following new subparagraph:
`(E) awarding scholarships to students who--
`(i) are United States citizens who--
`(I) are native speakers (commonly referred
to as heritage community residents) of a foreign language that is
identified as critical to the national security interests of the United
States who should be actively recruited for employment by Federal
security agencies with a need for linguists; and
`(II) are not proficient at a professional
level in the English language with respect to reading, writing, and
interpersonal skills required to carry out the national security
interests of the United States, as determined by the Secretary,
to enable such students to pursue English
language studies at an institution of higher education of the United
States to attain proficiency in those skills; and
`(ii) enter into an agreement to work in a
national security position or work in the field of education in the
area of study for which the scholarship was awarded in a similar manner
(as determined by the Secretary) as agreements entered into pursuant to
subsection (b)(2)(A).'.
(2) The matter following subsection (a)(2) of such section is amended--
(A) in the first sentence, by inserting `or for the
scholarship program under paragraph (1)(E)' after `under paragraph
(1)(D) for the National Flagship Language Initiative described in
subsection (i)'; and
(B) by adding at the end the following: `For the
authorization of appropriations for the scholarship program under
paragraph (1)(E), see section 812.'.
(3) Section 803(d)(4)(E) of such Act (50 U.S.C.
1903(d)(4)(E)) is amended by inserting before the period the following:
`and section 802(a)(1)(E) (relating to scholarship programs for
advanced English language studies by heritage community residents)'.
(b) FUNDING- The David L. Boren National Security Education
Act of 1991 (50 U.S.C. 1901 et seq.) is amended by adding at the end
the following new section:
`SEC. 812. FUNDING FOR SCHOLARSHIP PROGRAM FOR CERTAIN HERITAGE COMMUNITY RESIDENTS.
`There is authorized to be appropriated to the Secretary
for each fiscal year, beginning with fiscal year 2005, $4,000,000, to
carry out the scholarship programs for English language studies by
certain heritage community residents under section 802(a)(1)(E).
SEC. 1054. SENSE OF CONGRESS WITH RESPECT TO LANGUAGE AND EDUCATION FOR THE INTELLIGENCE COMMUNITY; REPORTS.
(a) SENSE OF CONGRESS- It is the sense of Congress that
there should be within the Office of the National Intelligence Director
a senior official responsible to assist the National Intelligence
Director in carrying out the Director's responsibilities for
establishing policies and procedure for foreign language education and
training of the intelligence community. The duties of such official
should include the following:
(1) Overseeing and coordinating requirements for foreign language education and training of the intelligence community.
(2) Establishing policy, standards, and priorities relating to such requirements.
(3) Identifying languages that are critical to the
capability of the intelligence community to carry out national security
activities of the United States.
(4) Monitoring the allocation of resources for foreign
language education and training in order to ensure the requirements of
the intelligence community with respect to foreign language proficiency
are met.
(b) REPORTS- Not later than one year after the date of the
enactment of this Act, the National Intelligence Director shall submit
to Congress the following reports:
(1) A report that identifies--
(A) skills and processes involved in learning a foreign language; and
(B) characteristics and teaching techniques that are most effective in teaching foreign languages.
(2)(A) A report that identifies foreign language
heritage communities, particularly such communities that include
speakers of languages that are critical to the national security of the
United States.
(B) For purposes of subparagraph (A), the term `foreign
language heritage community' means a community of residents or citizens
of the United States--
(i) who are native speakers of, or who have fluency in, a foreign language; and
(ii) who should be actively recruited for employment by Federal security agencies with a need for linguists.
(A) the estimated cost of establishing a program
under which the heads of elements of the intelligence community agree
to repay employees of the intelligence community for any student loan
taken out by that employee for the study of foreign languages critical
for the national security of the United States; and
(B) the effectiveness of such a program in recruiting and retaining highly qualified personnel in the intelligence community.
SEC. 1055. ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE COMMUNITY.
(a) IN GENERAL- Title X of the National Security Act of 1947 (50 U.S.C.) is amended--
(1) by inserting before section 1001 (50 U.S.C. 441g) the following:
`Subtitle A--Science and Technology';
(2) by adding at the end the following new subtitles:
`Subtitle B--Foreign Languages Program
`PROGRAM ON ADVANCEMENT OF FOREIGN LANGUAGES CRITICAL TO THE INTELLIGENCE COMMUNITY
`SEC. 1011. (a) ESTABLISHMENT OF PROGRAM- The Secretary of
Defense and the National Intelligence Director may jointly establish a
program to advance foreign languages skills in languages that are
critical to the capability of the intelligence community to carry out
national security activities of the United States (hereinafter in this
subtitle referred to as the `Foreign Languages Program').
`(b) IDENTIFICATION OF REQUISITE ACTIONS- In order to carry
out the Foreign Languages Program, the Secretary of Defense and the
National Intelligence Director shall jointly determine actions required
to improve the education of personnel in the intelligence community in
foreign languages that are critical to the capability of the
intelligence community to carry out national security activities of the
United States to meet the long-term intelligence needs of the United
States.
`EDUCATION PARTNERSHIPS
`SEC. 1012. (a) IN GENERAL- In carrying out the Foreign
Languages Program, the head of a department or agency containing an
element of an intelligence community entity may enter into one or more
education partnership agreements with educational institutions in the
United States in order to encourage and enhance the study of foreign
languages that are critical to the capability of the intelligence
community to carry out national security activities of the United
States in educational institutions.
`(b) ASSISTANCE PROVIDED UNDER EDUCATIONAL PARTNERSHIP
AGREEMENTS- Under an educational partnership agreement entered into
with an educational institution pursuant to this section, the head of
an element of an intelligence community entity may provide the
following assistance to the educational institution:
`(1) The loan of equipment and instructional materials
of the element of the intelligence community entity to the educational
institution for any purpose and duration that the head determines to be
appropriate.
`(2) Notwithstanding any other provision of law
relating to transfers of surplus property, the transfer to the
educational institution of any computer equipment, or other equipment,
that is--
`(A) commonly used by educational institutions;
`(B) surplus to the needs of the entity; and
`(C) determined by the head of the element to be appropriate for support of such agreement.
`(3) The provision of dedicated personnel to the educational institution--
`(A) to teach courses in foreign languages that are
critical to the capability of the intelligence community to carry out
national security activities of the United States; or
`(B) to assist in the development of such courses and materials for the institution.
`(4) The involvement of faculty and students of the
educational institution in research projects of the element of the
intelligence community entity.
`(5) Cooperation with the educational institution in
developing a program under which students receive academic credit at
the educational institution for work on research projects of the
element of the intelligence community entity.
`(6) The provision of academic and career advice and assistance to students of the educational institution.
`(7) The provision of cash awards and other items that
the head of the element of the intelligence community entity determines
to be appropriate.
`VOLUNTARY SERVICES
`SEC. 1013. (a) AUTHORITY TO ACCEPT SERVICES-
Notwithstanding section 1342 of title 31, United States Code, and
subject to subsection (b), the Foreign Languages Program under section
1011 shall include authority for the head of an element of an
intelligence community entity to accept from any individual who is
dedicated personnel (as defined in section 1016(3)) voluntary services
in support of the activities authorized by this subtitle.
`(b) REQUIREMENTS AND LIMITATIONS- (1) In accepting
voluntary services from an individual under subsection (a), the head of
the element shall--
`(A) supervise the individual to the same extent as the
head of the element would supervise a compensated employee of that
element providing similar services; and
`(B) ensure that the individual is licensed,
privileged, has appropriate educational or experiential credentials, or
is otherwise qualified under applicable law or regulations to provide
such services.
`(2) In accepting voluntary services from an individual
under subsection (a), the head of an element of the intelligence
community entity may not--
`(A) place the individual in a policymaking position, or other position performing inherently government functions; or
`(B) compensate the individual for the provision of such services.
`(c) AUTHORITY TO RECRUIT AND TRAIN INDIVIDUALS PROVIDING
SERVICES- The head of an element of an intelligence community entity
may recruit and train individuals to provide voluntary services
accepted under subsection (a).
`(d) STATUS OF INDIVIDUALS PROVIDING SERVICES- (1) Subject
to paragraph (2), while providing voluntary services accepted under
subsection (a) or receiving training under subsection (c), an
individual shall be considered to be an employee of the Federal
Government only for purposes of the following provisions of law:
`(A) Section 552a of title 5, United States Code (relating to maintenance of records on individuals).
`(B) Chapter 11 of title 18, United States Code (relating to conflicts of interest).
`(2)(A) With respect to voluntary services accepted under
paragraph (1) provided by an individual that are within the scope of
the services so accepted, the individual is deemed to be a volunteer of
a governmental entity or nonprofit institution for purposes of the
Volunteer Protection Act of 1997 (42 U.S.C. 14501 et seq.).
`(B) In the case of any claim against such an individual
with respect to the provision of such services, section 4(d) of such
Act (42 U.S.C. 14503(d)) shall not apply.
`(3) Acceptance of voluntary services under this section
shall have no bearing on the issuance or renewal of a security
clearance.
`(e) REIMBURSEMENT OF INCIDENTAL EXPENSES- (1) The head of
an element of the intelligence community entity may reimburse an
individual for incidental expenses incurred by the individual in
providing voluntary services accepted under subsection (a). The head of
an element of the intelligence community entity shall determine which
expenses are eligible for reimbursement under this subsection.
`(2) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
`(f) AUTHORITY TO INSTALL EQUIPMENT- (1) The head of an
element of the intelligence community may install telephone lines and
any necessary telecommunication equipment in the private residences of
individuals who provide voluntary services accepted under subsection
(a).
`(2) The head of an element of the intelligence community
may pay the charges incurred for the use of equipment installed under
paragraph (1) for authorized purposes.
`(3) Notwithstanding section 1348 of title 31, United
States Code, the head of an element of the intelligence community
entity may use appropriated funds or nonappropriated funds of the
element in carrying out this subsection.
`REGULATIONS
`SEC. 1014. (a) IN GENERAL- The Secretary of Defense and
the National Intelligence Director jointly shall promulgate regulations
necessary to carry out the Foreign Languages Program authorized under
this subtitle.
`(b) ELEMENTS OF THE INTELLIGENCE COMMUNITY- Each head of
an element of an intelligence community entity shall prescribe
regulations to carry out sections 1012 and 1013 with respect to that
element including the following:
`(1) Procedures to be utilized for the acceptance of voluntary services under section 1013.
`(2) Procedures and requirements relating to the installation of equipment under section 1013(g).
`DEFINITIONS
`SEC. 1015. In this subtitle:
`(1) The term `intelligence community entity' means an
agency, office, bureau, or element referred to in subparagraphs (B)
through (K) of section 3(4).
`(2) The term `educational institution' means--
`(A) a local educational agency (as that term is
defined in section 9101(26) of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7801(26))),
`(B) an institution of higher education (as defined
in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)
other than institutions referred to in subsection (a)(1)(C) of such
section), or
`(C) any other nonprofit institution that provides
instruction of foreign languages in languages that are critical to the
capability of the intelligence community to carry out national security
activities of the United States.
`(3) The term `dedicated personnel' means employees of
the intelligence community and private citizens (including former
civilian employees of the Federal Government who have been voluntarily
separated, and members of the United States Armed Forces who have been
honorably discharged or generally discharged under honorable
circumstances, and rehired on a voluntary basis specifically to perform
the activities authorized under this subtitle).
`Subtitle C--Additional Education Provisions
`ASSIGNMENT OF INTELLIGENCE COMMUNITY PERSONNEL AS LANGUAGE STUDENTS
`SEC. 1021. (a) IN GENERAL- (1) The National Intelligence
Director, acting through the heads of the elements of the intelligence
community, may provide for the assignment of military and civilian
personnel described in paragraph (2) as students at accredited
professional, technical, or other institutions of higher education for
training at the graduate or undergraduate level in foreign languages
required for the conduct of duties and responsibilities of such
positions.
`(2) Personnel referred to in paragraph (1) are personnel
of the elements of the intelligence community who serve in analysts
positions in such elements and who require foreign language expertise
required for the conduct of duties and responsibilities of such
positions.
`(b) AUTHORITY FOR REIMBURSEMENT OF COSTS OF TUITION AND
TRAINING- (1) The Director may reimburse an employee assigned under
subsection (a) for the total cost of the training described in
subsection (a), including costs of educational and supplementary
reading materials.
`(2) The authority under paragraph (1) shall apply to employees who are assigned on a full-time or part-time basis.
`(3) Reimbursement under paragraph (1) may be made from appropriated or nonappropriated funds.
`(c) RELATIONSHIP TO COMPENSATION AS AN ANALYST-
Reimbursement under this section to an employee who is an analyst is in
addition to any benefits, allowances, travels, or other compensation
the employee is entitled to by reason of serving in such an analyst
position.'.
(b) CLERICAL AMENDMENT- The table of contents for the
National Security Act of 1947 is amended by striking the item relating
to section 1001 and inserting the following new items:
`Subtitle A--Science and Technology
`Sec. 1001. Scholarships and work-study for pursuit of graduate degrees in science and technology.
`Subtitle B--Foreign Languages Program
`Sec. 1011. Program on advancement of foreign languages critical to the intelligence community.
`Sec. 1012. Education partnerships.
`Sec. 1013. Voluntary services.
`Subtitle C--Additional Education Provisions
`Sec. 1021. Assignment of intelligence community personnel as language students.'.
SEC. 1056. PILOT PROJECT FOR CIVILIAN LINGUIST RESERVE CORPS.
(a) PILOT PROJECT- The National Intelligence Director shall
conduct a pilot project to establish a Civilian Linguist Reserve Corps
comprised of United States citizens with advanced levels of proficiency
in foreign languages who would be available upon a call of the
President to perform such service or duties with respect to such
foreign languages in the Federal Government as the President may
specify.
(b) CONDUCT OF PROJECT- Taking into account the findings
and recommendations contained in the report required under section 325
of the Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 116 Stat. 2393), in conducting the pilot project under
subsection (a) the National Intelligence Director shall--
(1) identify several foreign languages that are critical for the national security of the United States;
(2) identify United States citizens with advanced
levels of proficiency in those foreign languages who would be available
to perform the services and duties referred to in subsection (a); and
(3) implement a call for the performance of such services and duties.
(c) DURATION OF PROJECT- The pilot project under subsection (a) shall be conducted for a three-year period.
(d) AUTHORITY TO ENTER INTO CONTRACTS- The National
Intelligence Director may enter into contracts with appropriate
agencies or entities to carry out the pilot project under subsection
(a).
(e) REPORTS- (1) The National Intelligence Director shall
submit to Congress an initial and a final report on the pilot project
conducted under subsection (a).
(2) Each report required under paragraph (1) shall contain
information on the operation of the pilot project, the success of the
pilot project in carrying out the objectives of the establishment of a
Civilian Linguist Reserve Corps, and recommendations for the
continuation or expansion of the pilot project.
(3) The final report shall be submitted not later than 6 months after the completion of the project.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the National Intelligence Director such sums as
are necessary for each of fiscal years 2005, 2006, and 2007 in order to
carry out the pilot project under subsection (a).
SEC. 1057. CODIFICATION OF ESTABLISHMENT OF THE NATIONAL VIRTUAL TRANSLATION CENTER.
(a) IN GENERAL- Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.), as amended by section 1021(a), is further
amended by adding at the end the following new section:
`NATIONAL VIRTUAL TRANSLATION CENTER
`SEC. 120. (a) IN GENERAL- There is an element of the
intelligence community known as the National Virtual Translation Center
under the direction of the National Intelligence Director.
`(b) FUNCTION- The National Virtual Translation Center
shall provide for timely and accurate translations of foreign
intelligence for all other elements of the intelligence community.
`(c) FACILITATING ACCESS TO TRANSLATIONS- In order to
minimize the need for a central facility for the National Virtual
Translation Center, the Center shall--
`(1) use state-of-the-art communications technology;
`(2) integrate existing translation capabilities in the intelligence community; and
`(3) use remote-connection capacities.
`(d) USE OF SECURE FACILITIES- Personnel of the National
Virtual Translation Center may carry out duties of the Center at any
location that--
`(1) has been certified as a secure facility by an agency or department of the United States; and
`(2) the National Intelligence Director determines to be appropriate for such purpose.'.
(b) CLERICAL AMENDMENT- The table of sections for that Act,
as amended by section 1021(b), is further amended by inserting after
the item relating to section 119 the following new item:
`Sec. 120. National Virtual Translation Center.'.
SEC. 1058. REPORT ON RECRUITMENT AND RETENTION OF QUALIFIED INSTRUCTORS OF THE DEFENSE LANGUAGE INSTITUTE.
(a) STUDY- The Secretary of Defense shall conduct a study
on methods to improve the recruitment and retention of qualified
foreign language instructors at the Foreign Language Center of the
Defense Language Institute. In conducting the study, the Secretary
shall consider, in the case of a foreign language instructor who is an
alien, to expeditiously adjust the status of the alien from a temporary
status to that of an alien lawfully admitted for permanent residence.
(b) REPORT- (1) Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall submit to the
appropriate congressional committees a report on the study conducted
under subsection (a), and shall include in that report recommendations
for such changes in legislation and regulation as the Secretary
determines to be appropriate.
(2) DEFINITION- In this subsection, the term `appropriate congressional committees' means the following:
(A) The Select Committee on Intelligence and the Committee on Armed Services of the Senate.
(B) The Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives.
Subtitle F--Additional Improvements of Intelligence Activities
SEC. 1061. PERMANENT EXTENSION OF CENTRAL INTELLIGENCE AGENCY VOLUNTARY SEPARATION INCENTIVE PROGRAM.
(a) EXTENSION OF PROGRAM- Section 2 of the Central
Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note)
is amended--
(1) by striking subsection (f); and
(2) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.
(b) TERMINATION OF FUNDS REMITTANCE REQUIREMENT- (1)
Section 2 of such Act (50 U.S.C. 403-4 note) is further amended by
striking subsection (i).
(2) Section 4(a)(2)(B)(ii) of the Federal Workforce
Restructuring Act of 1994 (5 U.S.C. 8331 note) is amended by striking
`, or section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (Public Law 103-36; 107 Stat. 104)'.
SEC. 1062. NATIONAL SECURITY AGENCY EMERGING TECHNOLOGIES PANEL.
The National Security Agency Act of 1959 (50 U.S.C. 402 note) is amended by adding at the end the following new section:
`SEC. 19. (a) There is established the National Security
Agency Emerging Technologies Panel. The panel is a standing panel of
the National Security Agency. The panel shall be appointed by, and
shall report directly to, the Director.
`(b) The National Security Agency Emerging Technologies
Panel shall study and assess, and periodically advise the Director on,
the research, development, and application of existing and emerging
science and technology advances, advances on encryption, and other
topics.
`(c) The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply with respect to the National Security Agency Emerging
Technologies Panel.'.
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF
NATIONAL INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) NATIONAL SECURITY ACT OF 1947- (1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking
`Director of Central Intelligence' each place it appears in the
following provisions and inserting `National Intelligence Director':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place it appears.
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(CC) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(DD) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(EE) Section 603(a) (50 U.S.C. 423(a)).
(FF) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(GG) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
(HH) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it appears.
(II) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(JJ) Section 703(a)(6)(B)(viii) (50 U.S.C. 432a(a)(6)(B)(viii)).
(KK) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it appears.
(LL) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(MM) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(NN) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it appears.
(OO) Section 1001(a) (50 U.S.C. 441g(a)).
(PP) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(QQ) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(RR) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(SS) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking `of Central Intelligence' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place it appears.
(3) That Act is further amended by striking `Director' each
place it appears in the following provisions and inserting `National
Intelligence Director':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking `Director of Central Intelligence' and inserting `National
Intelligence Director, the Director of the Central Intelligence Agency'
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking `Director of Central Intelligence' and inserting
`Director of the Central Intelligence Agency'.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking `Operational files
of the Central Intelligence Agency may be exempted by the Director of
Central Intelligence' and inserting `The Director of the Central
Intelligence Agency, with the coordination of the National Intelligence
Director, may exempt operational files of the Central Intelligence
Agency'; and
(B) in subsection (g)(1), by striking `Director of
Central Intelligence' and inserting `Director of the Central
Intelligence Agency and the National Intelligence Director'.
(7) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to read as follows:
`ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL INTELLIGENCE DIRECTOR'.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- (1) The
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended by striking `Director of Central Intelligence' each place it
appears in the following provisions and inserting `National
Intelligence Director':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(2) That Act is further amended by striking `of Central Intelligence' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking `Director of
Central Intelligence' each place it appears in the following provisions
and inserting `Director of the Central Intelligence Agency':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- Section 101
of the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is
amended by striking paragraph (2) and inserting the following new
paragraph (2):
`(2) DIRECTOR- The term `Director' means the Director of the Central Intelligence Agency.'.
(d) CIA VOLUNTARY SEPARATION PAY ACT- Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary Separation Pay
Act (50 U.S.C. 2001 note) is amended to read as follows:
`(1) the term `Director' means the Director of the Central Intelligence Agency;'.
(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- (1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
is amended by striking `Director of Central Intelligence' each place it
appears and inserting `National Intelligence Director'.
(f) CLASSIFIED INFORMATION PROCEDURES ACT- Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking `Director of Central Intelligence' and inserting `National
Intelligence Director'.
(g) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 103-359- Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994 (title VIII
of Public Law 103-359) is amended by striking `Director of Central
Intelligence' and inserting `National Intelligence Director'.
(2) PUBLIC LAW 107-306- (A) The Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306) is amended
by striking `Director of Central Intelligence, acting as the head of
the intelligence community,' each place it appears in the following
provisions and inserting `National Intelligence Director':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking `Director
of Central Intelligence' each place it appears in the following
provisions and inserting `National Intelligence Director':
(i) Section 902(a)(2) (50 U.S.C. 402b(a)(2)).
(ii) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(iii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iv) Section 904(h) (50 U.S.C. 402c(h)), each place it appears.
(v) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) is
amended by striking `Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the Central
Intelligence Agency' and inserting `National Intelligence Director
shall establish within the Central Intelligence Agency'.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note)
is amended by striking `Director' and inserting `National Intelligence
Director'.
(3) PUBLIC LAW 108-177- (A) The Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177) is amended
by striking `Director of Central Intelligence' each place it appears in
the following provisions and inserting `National Intelligence Director':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note)
is amended by striking `Director' the first place it appears and
inserting `National Intelligence Director'.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking `Director of Central Intelligence' and inserting
`Director of the Central Intelligence Agency'.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) NATIONAL SECURITY ACT OF 1947- (1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is amended by
striking `Deputy Director of Central Intelligence' and inserting
`Deputy National Intelligence Director'.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking `section 103(c)(6) of this Act' and inserting
`section 102A(g) of this Act'.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking `to the Deputy Director of Central Intelligence, or
with respect to employees of the Central Intelligence Agency, the
Director may delegate such authority to the Deputy Director for
Operations' and inserting `to the Deputy National Intelligence
Director, or with respect to employees of the Central Intelligence
Agency, to the Director of the Central Intelligence Agency'.
(4) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking `Office of the Deputy Director of Central
Intelligence' and inserting `Office of the National Intelligence
Director'.
(5) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking `Office of the Director of Central Intelligence'
and inserting `Office of the National Intelligence Director'.
(6) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking `Assistant Director of Central Intelligence for
Administration' and inserting `Office of the National Intelligence
Director'.
(b) CENTRAL INTELLIGENCE ACT OF 1949- Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by
striking `section 103(c)(7) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(7))' and inserting `section 102A(g) of the National
Security Act of 1947'.
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- Section
201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2011(c)) is amended by striking `paragraph (6) of section 103(c) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of
Central Intelligence' and inserting `section 102A(g) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(1)) that the National
Intelligence Director'.
(d) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 107-306- (A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 404n-2(c)) is amended by striking `section 103(c)(6)
of the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))' and
inserting `section 102A(g) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(1))'.
(B) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking `Office of the
Director of Central Intelligence' and inserting `Office of the National
Intelligence Director'; and
(ii) in subsection (l), by striking `Office of the
Director of Central Intelligence' and inserting `Office of the National
Intelligence Director'.
(2) PUBLIC LAW 108-177- Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
403-3 note) is amended--
(A) in subsection (g), by striking `Assistant
Director of Central Intelligence for Analysis and Production' and
inserting `Deputy National Intelligence Director'; and
(B) in subsection (h)(2)(C), by striking `Assistant Director' and inserting `Deputy National Intelligence Director'.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(4) The term `intelligence community' includes the following:
`(A) The Office of the National Intelligence Director.
`(B) The Central Intelligence Agency.
`(C) The National Security Agency.
`(D) The Defense Intelligence Agency.
`(E) The National Geospatial-Intelligence Agency.
`(F) The National Reconnaissance Office.
`(G) Other offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance programs.
`(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
`(I) The Bureau of Intelligence and Research of the Department of State.
`(J) The Office of Intelligence and Analysis of the Department of the Treasury.
`(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
`(L) Such other elements of any other department or
agency as may be designated by the President, or designated jointly by
the National Intelligence Director and the head of the department or
agency concerned, as an element of the intelligence community.'.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) REDESIGNATION- Paragraph (6) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a) is amended by striking
`Foreign'.
(b) CONFORMING AMENDMENTS- (1) Section 506(a) of the
National Security Act of 1947 (50 U.S.C. 415a(a)) is amended by
striking `National Foreign Intelligence Program' and inserting
`National Intelligence Program'.
(2) Section 17(f) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(f)) is amended by striking `National Foreign
Intelligence Program' and inserting `National Intelligence Program'.
(c) HEADING AMENDMENT- The heading of section 506 of that Act is amended by striking `FOREIGN'.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITIES.
(a) APPOINTMENT OF CERTAIN INTELLIGENCE OFFICIALS- Section
106 of the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
(b) COLLECTION TASKING AUTHORITY- Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents for the National Security Act of 1947 is amended--
(1) by striking the items relating to sections 102 through 104 and inserting the following new items:
`Sec. 102. National Intelligence Director.
`Sec. 102A. Responsibilities and authorities of National Intelligence Director.
`Sec. 103. Office of the National Intelligence Director.
`Sec. 104. Central Intelligence Agency.
`Sec. 104A. Director of the Central Intelligence Agency.'; and
(2) by striking the item relating to section 114 and inserting the following new item:
`Sec. 114. Additional annual reports from the National Intelligence Director.';
(3) by striking the item relating to section 506 and inserting the following new item:
`Sec. 506. Specificity of National Intelligence Program
budget amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence'.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
`(2) `Director' means the Director of the Central Intelligence Agency; and'.
SEC. 1078. ACCESS TO INSPECTOR GENERAL PROTECTIONS.
Section 17(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(a)(1)) is amended by inserting before the
semicolon at the end the following: `and to programs and operations of
the Office of the National Intelligence Director'.
SEC. 1079. GENERAL REFERENCES.
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF
INTELLIGENCE COMMUNITY- Any reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the intelligence community in any
law, regulation, document, paper, or other record of the United States
shall be deemed to be a reference to the National Intelligence Director.
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA- Any
reference to the Director of Central Intelligence or the Director of
the Central Intelligence Agency in the Director's capacity as the head
of the Central Intelligence Agency in any law, regulation, document,
paper, or other record of the United States shall be deemed to be a
reference to the Director of the Central Intelligence Agency.
(c) COMMUNITY MANAGEMENT STAFF- Any reference to the
Community Management Staff in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the staff of the Office of the National Intelligence Director.
SEC. 1080. APPLICATION OF OTHER LAWS.
(a) POLITICAL SERVICE OF PERSONNEL- Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended--
(1) in subclause (XII), by striking `or' at the end; and
(2) by inserting after subclause (XIII) the following new subclause:
`(XIV) the Office of the National Intelligence Director; or'.
(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS- Section 7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting `(A)' after `(4)';
(2) in subparagraph (A), as so designated, by striking
`the Director of Central Intelligence' and inserting `the Director of
the Central Intelligence Agency'; and
(3) by adding at the end the following new subparagraph:
`(B) In transmitting such listings for the Office of the
National Intelligence Director, the National Intelligence Director may
delete the information described in subparagraphs (A) and (C) of
paragraphs (2) and (3) if the Director certifies in writing to the
Secretary of State that the publication of such information could
adversely affect United States intelligence sources.'.
(c) EXEMPTION FROM FINANCIAL DISCLOSURES- Section 105(a)(1)
of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting
`the Office of the National Intelligence Director,' before `the Central
Intelligence Agency'.
Subtitle H--Transfer, Termination, Transition and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) TRANSFER- There shall be transferred to the Office of
the National Intelligence Director the staff of the Community
Management Staff as of the date of the enactment of this Act, including
all functions and activities discharged by the Community Management
Staff as of that date.
(b) ADMINISTRATION- The National Intelligence Director
shall administer the Community Management Staff after the date of the
enactment of this Act as a component of the Office of the National
Intelligence Director under section 103(b) of the National Security Act
of 1947, as amended by section 1011(a).
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) TRANSFER- There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC),
including all functions and activities discharged by the Terrorist
Threat Integration Center as of the date of the enactment of this Act.
(b) ADMINISTRATION- The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act as a
component of the Directorate of Intelligence of the National
Counterterrorism Center under section 119(i) of the National Security
Act of 1947, as added by section 1021(a).
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
(a) TERMINATION- The positions within the Central Intelligence Agency referred to in subsection (b) are hereby abolished.
(b) COVERED POSITIONS- The positions within the Central Intelligence Agency referred to in this subsection are as follows:
(1) The Assistant Director of Central Intelligence for Collection.
(2) The Assistant Director of Central Intelligence for Analysis and Production.
(3) The Assistant Director of Central Intelligence for Administration.
SEC. 1094. IMPLEMENTATION PLAN.
(a) Submission of Plan- The President shall transmit to
Congress a plan for the implementation of this title and the amendments
made by this title. The plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to the National Intelligence Director pursuant to this title.
(2) Any consolidation, reorganization, or streamlining
of activities transferred to the National Intelligence Director
pursuant to this title.
(3) The establishment of offices within the Office of
the National Intelligence Director to implement the duties and
responsibilities of the National Intelligence Director as described in
this title.
(4) Specification of any proposed disposition of
property, facilities, contracts, records, and other assets and
obligations to be transferred to the National Intelligence Director.
(5) Recommendations for additional legislative or administrative action as the Director considers appropriate.
(b) SENSE OF CONGRESS- It is the sense of Congress that the
permanent location for the headquarters for the Office of the National
Intelligence Director, should be at a location other than the George
Bush Center for Intelligence in Langley, Virginia.
SEC. 1095. TRANSITIONAL AUTHORITIES.
Upon the request of the National Intelligence Director, the
head of any executive agency may, on a reimbursable basis, provide
services or detail personnel to the National Intelligence Director.
SEC. 1096. EFFECTIVE DATES.
(a) IN GENERAL- Except as otherwise expressly provided in
this Act, this title and the amendments made by this title shall take
effect on the date of the enactment of this Act.
(b) SPECIFIC EFFECTIVE DATES- (1)(A) Not later than 60 days
after the date of the enactment of this Act, the National Intelligence
Director shall first appoint individuals to positions within the Office
of the National Intelligence Director.
(B) Subparagraph (A) shall not apply with respect to the Deputy National Intelligence Director.
(2) Not later than 180 days after the date of the enactment
of this Act, the President shall transmit to Congress the
implementation plan required under section 1904.
(3) Not later than one year after the date of the enactment
of this Act, the National Intelligence Director shall prescribe
regulations, policies, procedures, standards, and guidelines required
under section 102A of the National Security Act of 1947, as amended by
section 1011(a).
TITLE II--TERRORISM PREVENTION AND PROSECUTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SECTION 2001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
Section 101(b)(1) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1801(b)(1)) is amended by adding at the end the
following new subparagraph:
`(C) engages in international terrorism or activities in preparation therefor; or'.
Subtitle B--Stop Terrorist and Military Hoaxes Act of 2004
SEC. 2021. SHORT TITLE.
This subtitle may be cited as the `Stop Terrorist and Military Hoaxes Act of 2004'.
SEC. 2022. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes- Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the following:
`Sec. 1038. False information and hoaxes
`(1) IN GENERAL- Whoever engages in any conduct with
intent to convey false or misleading information under circumstances
where such information may reasonably be believed and where such
information indicates that an activity has taken, is taking, or will
take place that would constitute a violation of chapter 2, 10, 11B, 39,
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) of title 49
shall--
`(A) be fined under this title or imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and
`(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
`(2) ARMED FORCES- Whoever, without lawful authority,
makes a false statement, with intent to convey false or misleading
information, about the death, injury, capture, or disappearance of a
member of the Armed Forces of the United States during a war or armed
conflict in which the United States is engaged, shall--
`(A) be fined under this title or imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and
`(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
`(b) Civil Action- Whoever knowingly engages in any conduct
with intent to convey false or misleading information under
circumstances where such information may reasonably be believed and
where such information indicates that an activity has taken, is taking,
or will take place that would constitute a violation of chapter 2, 10,
11B, 39, 40, 44, 111, or 113B of this title, section 236 of the Atomic
Energy Act of 1954 (42 U.S.C. 2284), or section 46502, the second
sentence of section 46504, section 46505 (b)(3) or (c), section 46506
if homicide or attempted homicide is involved, or section 60123(b) of
title 49 is liable in a civil action to any party incurring expenses
incident to any emergency or investigative response to that conduct,
for those expenses.
`(1) IN GENERAL- The court, in imposing a sentence on a
defendant who has been convicted of an offense under subsection (a),
shall order the defendant to reimburse any state or local government,
or private not-for-profit organization that provides fire or rescue
service incurring expenses incident to any emergency or investigative
response to that conduct, for those expenses.
`(2) LIABILITY- A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for such
expenses with each other person, if any, who is ordered to make
reimbursement under this subsection for the same expenses.
`(3) CIVIL JUDGMENT- An order of reimbursement under
this subsection shall, for the purposes of enforcement, be treated as a
civil judgment.
`(d) Activities of Law Enforcement- This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.'.
(b) Clerical Amendment- The table of sections as the
beginning of chapter 47 of title 18, United States Code, is amended by
adding after the item for section 1037 the following:
`1038. False information and hoaxes.'.
SEC. 2023. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
(a) Enhanced Penalty- Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United States Code,
are amended by striking `be fined under this title or imprisoned not
more than 5 years, or both' and inserting `be fined under this title,
imprisoned not more than 5 years or, if the matter relates to
international or domestic terrorism (as defined in section 2331),
imprisoned not more than 10 years, or both'.
(b) Sentencing Guidelines- Not later than 30 days of the
enactment of this section, the United States Sentencing Commission
shall amend the Sentencing Guidelines to provide for an increased
offense level for an offense under sections 1001(a) and 1505 of title
18, United States Code, if the offense involves a matter relating to
international or domestic terrorism, as defined in section 2331 of such
title.
SEC. 2024. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `facility in' and inserting `facility of'; and
(2) in subsection (b)(2), by inserting `or foreign' after `interstate'.
Subtitle C--Material Support to Terrorism Prohibition Enhancement Act of 2004
SEC. 2041. SHORT TITLE.
This subtitle may be cited as the `Material Support to Terrorism Prohibition Enhancement Act of 2004'.
SEC. 2042. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section:
`Sec. 2339D. Receiving military-type training from a foreign terrorist organization
`(a) Offense- Whoever knowingly receives military-type
training from or on behalf of any organization designated at the time
of the training by the Secretary of State under section 219(a)(1) of
the Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or both.
To violate this subsection, a person must have knowledge that the
organization is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the Immigration and
Nationality Act), or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
`(b) Extraterritorial Jurisdiction- There is
extraterritorial Federal jurisdiction over an offense under this
section. There is jurisdiction over an offense under subsection (a) if--
`(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act) or an
alien lawfully admitted for permanent residence in the United States
(as defined in section 101(a)(20) of the Immigration and Nationality
Act);
`(2) an offender is a stateless person whose habitual residence is in the United States;
`(3) after the conduct required for the offense occurs
an offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States;
`(4) the offense occurs in whole or in part within the United States;
`(5) the offense occurs in or affects interstate or foreign commerce;
`(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense under
subsection (a) or conspires with any person over whom jurisdiction
exists under this paragraph to commit an offense under subsection (a).
`(c) Definitions- As used in this section--
`(1) the term `military-type training' includes
training in means or methods that can cause death or serious bodily
injury, destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including any
weapon of mass destruction (as defined in section 2232a(c)(2));
`(2) the term `serious bodily injury' has the meaning given that term in section 1365(h)(3);
`(3) the term `critical infrastructure' means systems
and assets vital to national defense, national security, economic
security, public health or safety including both regional and national
infrastructure. Critical infrastructure may be publicly or privately
owned; examples of critical infrastructure include gas and oil
production, storage, or delivery systems, water supply systems,
telecommunications networks, electrical power generation or delivery
systems, financing and banking systems, emergency services (including
medical, police, fire, and rescue services), and transportation systems
and services (including highways, mass transit, airlines, and
airports); and
`(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under section
219(a)(1) of the Immigration and Nationality Act.'.
SEC. 2043. PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) Additions to Offense of Providing Material Support to
Terrorists- Section 2339A(a) of title 18, United States Code, is
amended--
(1) by designating the first sentence as paragraph (1);
(2) by designating the second sentence as paragraph (3);
(3) by inserting after paragraph (1) as so designated by this subsection the following:
`(2) (A) Whoever in a circumstance described in
subparagraph (B) provides material support or resources or conceals or
disguises the nature, location, source, or ownership of material
support or resources, knowing or intending that they are to be used in
preparation for, or in carrying out, an act of international or
domestic terrorism (as defined in section 2331), or in preparation for,
or in carrying out, the concealment or escape from the commission of
any such act, or attempts or conspires to do so, shall be punished as
provided under paragraph (1) for an offense under that paragraph.
`(B) The circumstances referred to in subparagraph (A) are any of the following:
`(i) The offense occurs in or affects interstate or foreign commerce.
`(ii) The act of terrorism is an act of
international or domestic terrorism that violates the criminal law of
the United States.
`(iii) The act of terrorism is an act of domestic
terrorism that appears to be intended to influence the policy, or
affect the conduct, of the Government of the United States or a foreign
government.
`(iv) An offender, acting within the United States
or outside the territorial jurisdiction of the United States, is a
national of the United States (as defined in section 101(a)(22) of the
Immigration and Nationality Act, an alien lawfully admitted for
permanent residence in the United States (as defined in section
101(a)(20) of the Immigration and Nationality Act , or a stateless
person whose habitual residence is in the United States, and the act of
terrorism is an act of international terrorism that appears to be
intended to influence the policy, or affect the conduct, of the
Government of the United States or a foreign government.
`(v) An offender, acting within the United States,
is an alien, and the act of terrorism is an act of international
terrorism that appears to be intended to influence the policy, or
affect the conduct, of the Government of the United States or a foreign
government.
`(vi) An offender, acting outside the territorial
jurisdiction of the United States, is an alien and the act of terrorism
is an act of international terrorism that appears to be intended to
influence the policy of, or affect the conduct of, the Government of
the United States.
`(vii) An offender aids or abets any person over
whom jurisdiction exists under this paragraph in committing an offense
under this paragraph or conspires with any person over whom
jurisdiction exists under this paragraph to commit an offense under
this paragraph.'; and
(4) by inserting `act or' after `underlying'.
(b) Definitions- Section 2339A(b) of title 18, United States Code, is amended--
(1) by striking `In this' and inserting `(1) In this';
(2) by inserting `any property, tangible or intangible, or service, including' after `means';
(3) by inserting `(one or more individuals who may be or include oneself)' after `personnel';
(4) by inserting `and' before `transportation';
(5) by striking `and other physical assets'; and
(6) by adding at the end the following:
`(2) As used in this subsection, the term `training' means
instruction or teaching designed to impart a specific skill, as opposed
to general knowledge, and the term `expert advice or assistance' means
advice or assistance derived from scientific, technical or other
specialized knowledge.'.
(c) Addition to Offense of Providing Material Support to
Terrorist Organizations- Section 2339B(a)(1) of title 18, United States
Code, is amended--
(1) by striking `, within the United States or subject
to the jurisdiction of the United States,' and inserting `in a
circumstance described in paragraph (2)' ; and
(2) by adding at the end the following: `To violate
this paragraph, a person must have knowledge that the organization is a
designated terrorist organization (as defined in subsection (g)(6)),
that the organization has engaged or engages in terrorist activity (as
defined in section 212(a)(3)(B) of the Immigration and Nationality Act,
or that the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989.'.
(d) Federal Authority- Section 2339B(d) of title 18 is amended--
(1) by inserting `(1)' before `There'; and
(2) by adding at the end the following:
`(2) The circumstances referred to in paragraph (1) are any of the following:
`(A) An offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)) or an alien lawfully admitted for permanent
residence in the United States (as defined in section 101(a)(20) of the
Immigration and Nationality Act.
`(B) An offender is a stateless person whose habitual residence is in the United States.
`(C) After the conduct required for the offense occurs
an offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States.
`(D) The offense occurs in whole or in part within the United States.
`(E) The offense occurs in or affects interstate or foreign commerce.
`(F) An offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense under
subsection (a) or conspires with any person over whom jurisdiction
exists under this paragraph to commit an offense under subsection (a).'.
(e) Definition- Paragraph (4) of section 2339B(g) of title 18, United States Code, is amended to read as follows:
`(4) the term `material support or resources' has the same meaning given that term in section 2339A;'.
(f) Additional Provisions- Section 2339B of title 18, United States Code, is amended by adding at the end the following:
`(h) Provision of Personnel- No person may be prosecuted
under this section in connection with the term `personnel' unless that
person has knowingly provided, attempted to provide, or conspired to
provide a foreign terrorist organization with one or more individuals
(who may be or include himself) to work under that terrorist
organization's direction or control or to organize, manage, supervise,
or otherwise direct the operation of that organization. Individuals who
act entirely independently of the foreign terrorist organization to
advance its goals or objectives shall not be considered to be working
under the foreign terrorist organization's direction and control.
`(i) Rule of Construction- Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.'.
SEC. 2044. FINANCING OF TERRORISM.
(a) Financing Terrorism- Section 2339c(c)(2) of title 18, United States Code, is amended--
(1) by striking `, resources, or funds' and inserting `or resources, or any funds or proceeds of such funds';
(2) in subparagraph (A), by striking `were provided'
and inserting `are to be provided, or knowing that the support or
resources were provided,'; and
(3) in subparagraph (B)--
(A) by striking `or any proceeds of such funds'; and
(B) by striking `were provided or collected' and
inserting `are to be provided or collected, or knowing that the funds
were provided or collected,'.
(b) Definitions- Section 2339c(e) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
`(13) the term `material support or resources' has the
same meaning given that term in section 2339B(g)(4) of this title; and'.
Subtitle D--Weapons of Mass Destruction Prohibition Improvement Act of 2004
SEC. 2051. SHORT TITLE.
This subtitle may be cited as the `Weapons of Mass Destruction Prohibition Improvement Act of 2004'.
SEC. 2052. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope- Section 2332a of title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as follows:
`(2) against any person or property within the United States, and
`(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
`(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
`(C) any perpetrator travels in or causes another
to travel in interstate or foreign commerce in furtherance of the
offense; or
`(D) the offense, or the results of the offense,
affect interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or foreign
commerce;';
(2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting `; or';
(3) in subsection (a), by adding the following at the end:
`(4) against any property within the United States that is owned, leased, or used by a foreign government,';
(4) at the end of subsection (c)(1), by striking`and';
(5) in subsection (c)(2), by striking the period at the end and inserting `; and'; and
(6) in subsection (c), by adding at the end the following:
`(3) the term `property' includes all real and personal property.'.
(b) Restoration of the Coverage of Chemical Weapons-
Section 2332a of title 18, United States Code, as amended by subsection
(a), is further amended--
(1) in the section heading, by striking `certain';
(2) in subsection (a), by striking `(other than a chemical weapon as that term is defined in section 229F)'; and
(3) in subsection (b), by striking `(other than a chemical weapon (as that term is defined in section 229F))'.
(c) Expansion of Categories of Restricted Persons Subject
to Prohibitions Relating to Select Agents- Section 175b(d)(2) of title
18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting `(i)' after `(G)';
(B) inserting `, or (ii) acts for or on behalf of,
or operates subject to the direction or control of, a government or
official of a country described in this subparagraph' after
`terrorism'; and
(C) striking `or' after the semicolon.
(2) in subparagraph (H) by striking the period and inserting `; or'; and
(3) by adding at the end the following new subparagraph:
`(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a terrorist
organization as defined in section 212(a)(3)(B)(vi) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).'.
(d) Conforming Amendment to Regulations-
(1) Section 175b(a)(1) of title 18, United States Code,
is amended by striking `as a select agent in Appendix A' and all that
follows and inserting the following: `as a non-overlap or overlap
select biological agent or toxin in sections 73.4 and 73.5 of title 42,
Code of Federal Regulations, pursuant to section 351A of the Public
Health Service Act, and is not excluded under sections 73.4 and 73.5 or
exempted under section 73.6 of title 42, Code of Federal Regulations.'.
(2) The amendment made by paragraph (1) shall take
effect at the same time that sections 73.4, 73.5, and 73.6 of title 42,
Code of Federal Regulations, become effective.
SEC. 2053. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended by striking `in the production of any
special nuclear material' and inserting `or participate in the
development or production of any special nuclear material or atomic
weapon'.
(b) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of
chapter 39, by inserting after the item relating to section 831 the
following:
`832. Participation in nuclear and weapons of mass destruction threats to the United States.';
(2) by inserting after section 831 the following:
`Sec. 832. Participation in nuclear and weapons of mass destruction threats to the United States
`(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
provides material support or resources (as defined in section 2339A) to
a nuclear weapons program or other weapons of mass destruction program
of a foreign terrorist power, or attempts or conspires to do so, shall
be imprisoned for not more than 20 years.
`(b) There is extraterritorial Federal jurisdiction over an offense under this section.
`(c) As used in this section--
`(1) `nuclear weapons program' means a program or plan
for the development, acquisition, or production of any nuclear weapon
or weapons;
`(2) `weapons of mass destruction program' means a
program or plan for the development, acquisition, or production of any
weapon or weapons of mass destruction (as defined in section 2332a(c));
`(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the Immigration and
Nationality Act, or a state sponsor of terrorism designated under
section 6(j) of the Export Administration Act of 1979 or section 620A
of the Foreign Assistance Act of 1961; and
`(4) `nuclear weapon' means any weapon that contains or uses nuclear material as defined in section 831(f)(1).'; and
(3) in section 2332b(g)(5)(B)(i), by inserting after
`nuclear materials),' the following: `832 (relating to participation in
nuclear and weapons of mass destruction threats to the United States)'.
Subtitle E--Money Laundering and Terrorist Financing
CHAPTER 1--FUNDING TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST FINANCING
SEC. 2101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code, is amended--
(1) by striking `APPROPRIATIONS- There are authorized' and inserting `Appropriations-
`(1) IN GENERAL- There are authorized'; and
(2) by adding at the end the following new paragraph:
`(2) AUTHORIZATION FOR FUNDING KEY TECHNOLOGICAL
IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS- There are authorized
to be appropriated for fiscal year 2005 the following amounts, which
are authorized to remain available until expended:
`(A) BSA DIRECT- For technological improvements to
provide authorized law enforcement and financial regulatory agencies
with Web-based access to FinCEN data, to fully develop and implement
the highly secure network required under section 362 of Public Law
107-56 to expedite the filing of, and reduce the filing costs for,
financial institution reports, including suspicious activity reports,
collected by FinCEN under chapter 53 and related provisions of law, and
enable FinCEN to immediately alert financial institutions about
suspicious activities that warrant immediate and enhanced scrutiny, and
to provide and upgrade advanced information-sharing technologies to
materially improve the Government's ability to exploit the information
in the FinCEN databanks $16,500,000.
`(B) ADVANCED ANALYTICAL TECHNOLOGIES- To provide
advanced analytical tools needed to ensure that the data collected by
FinCEN under chapter 53 and related provisions of law are utilized
fully and appropriately in safeguarding financial institutions and
supporting the war on terrorism, $5,000,000.
`(C) DATA NETWORKING MODERNIZATION- To improve the
telecommunications infrastructure to support the improved capabilities
of the FinCEN systems, $3,000,000.
`(D) ENHANCED COMPLIANCE CAPABILITY- To improve the effectiveness of the Office of Compliance in FinCEN, $3,000,000.
`(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES
AND TERRORISM- To provide development of, and training in the use of,
technology to detect and prevent financial crimes and terrorism within
and without the United States, $8,000,000.'.
SEC. 2102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY REAUTHORIZATION.
(a) Program- Section 5341(a)(2) of title 31, United States
Code, is amended by striking `and 2003,' and inserting `2003, and
2005,'.
(b) Reauthorization of Appropriations- Section 5355 of
title 31, United States Code, is amended by adding at the end the
following:
--------------------------------
--------------------------------
`Fiscal year 2004 $15,000,000
Fiscal year 2005 $15,000,000'.
--------------------------------
CHAPTER 2--ENFORCEMENT TOOLS TO COMBAT FINANCIAL CRIMES INCLUDING TERRORIST FINANCING
Subchapter A--Money Laundering Abatement and Financial Antiterrorism Technical Corrections
SEC. 2111. SHORT TITLE.
This subtitle may be cited as the `Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004'.
SEC. 2112. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is amended to read as follows:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'.
(b) The table of contents of Public Law 107-56 is amended
by striking the item relating to title III and inserting the following
new item:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma after `movement of criminal funds';
(2) in subsection (b)(7), by inserting `or types of accounts' after `classes of international transactions'; and
(3) in subsection (b)(10), by striking `subchapters II and III' and inserting `subchapter II'.
(d) Section 303(a) of Public Law 107-56 is amended by
striking `Anti-Terrorist Financing Act' and inserting `Financial
Antiterrorism Act'.
(e) The heading for section 311 of Public Law 107-56 is
amended by striking `or international transactions' and inserting
`international transactions, or types of accounts'.
(f) Section 314 of Public Law 107-56 is amended--
(A) by inserting a comma after `organizations engaged in'; and
(B) by inserting a comma after `credible evidence of engaging in';
(2) in paragraph (2)(A)--
(A) by striking `and' after `nongovernmental organizations,'; and
(B) by inserting a comma after `unwittingly involved in such finances';
(3) in paragraph (3)(A)--
(A) by striking `to monitor accounts of' and inserting `monitor accounts of,'; and
(B) by striking the comma after `organizations identified'; and
(4) in paragraph (3)(B), by inserting `financial' after `size, and nature of the'.
(g) Section 321 of Public Law 107-56 is amended by striking `5312(2)' and inserting `5312(a)(2)'.
(h) Section 325 of Public Law 107-56 is amended by striking
`as amended by section 202 of this title,' and inserting `as amended by
section 352,'.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public
Law 107-56 are each amended by inserting a period after `December 31,
2001' and striking all that follows through the period at the end of
each such subsection.
(j) Section 356(c)(4) of Public Law 107-56 is amended by
striking `or business or other grantor trust' and inserting `, business
trust, or other grantor trust'.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking `Section 123(a)' and inserting `That portion of section 123(a)';
(2) by striking `is amended to read' and inserting `that precedes paragraph (1) of such section is amended to read'; and
(3) by striking `.'.' at the end of such section and inserting `--'.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting `the' after `utilization of the funds of'; and
(2) in subsection (b), by striking `at such institutions' and inserting `at such institution'.
(m) Section 362(a)(1) of Public Law 107-56 is amended by striking `subchapter II or III' and inserting `subchapter II'.
(n) Section 365 of Public Law 107--56 is amended --
(1) by redesignating the 2nd of the 2 subsections
designated as subsection (c) (relating to a clerical amendment) as
subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated
by subsection (n) of this section) is amended by striking `section 5332
(as added by section 112 of this title)' and inserting `section 5330'.
SEC. 2113. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is
amended by striking `the Network' each place such term appears and
inserting `FinCEN'.
(b) Section 5312(a)(3)(C) of title 31, United States Code,
is amended by striking `sections 5333 and 5316' and inserting `sections
5316 and 5331'.
(c) Section 5318(i) of title 31, United States Code, is amended--
(1) in paragraph (3)(B), by inserting a comma after `foreign political figure' the 2nd place such term appears; and
(2) in the heading of paragraph (4), by striking `Definition' and inserting `Definitions'.
(d) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking `section 5318A(f)(1)(B)' and inserting `section
5318A(e)(1)(B)'.
(e) The heading for section 5318A of title 31, United States Code, is amended to read as follows:
`Sec. 5318A Special measures for jurisdictions, financial
institutions, international transactions, or types of accounts of
primary money laundering concern'.
(f) Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(4)(A), by striking `, as defined
in section 3 of the Federal Deposit Insurance Act,' and inserting ` (as
defined in section 3 of the Federal Deposit Insurance Act)';
(2) in subsection (a)(4)(B)(iii), by striking `or class
of transactions' and inserting `class of transactions, or type of
account';
(3) in subsection (b)(1)(A), by striking `or class of
transactions to be' and inserting `class of transactions, or type of
account to be'; and
(4) in subsection (e)(3), by inserting `or subsection
(i) or (j) of section 5318' after `identification of individuals under
this section'.
(g) Section 5324(b) of title 31, United States Code, is
amended by striking `5333' each place such term appears and inserting
`5331'.
(h) Section 5332 of title 31, United States Code, is amended--
(1) in subsection (b)(2), by striking `, subject to subsection (d) of this section'; and
(2) in subsection (c)(1), by striking `, subject to subsection (d) of this section,'.
(i) The table of sections for subchapter II of chapter 53
of title 31, United States Code, is amended by striking the item
relating to section 5318A and inserting the following new item:
`5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types of accounts of
primary money laundering concern.'.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(w)(3)) is amended by inserting a comma after `agent of
such institution'.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1829b(a)(2)) is amended by striking `recognizes that' and
inserting `recognizing that'.
(l) Section 626(e) of the Fair Credit Reporting Act (15
U.S.C. 1681v(e)) is amended by striking `governmental agency' and
inserting `government agency'.
SEC. 2114. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking section 303 (31 U.S.C. 5311 note).
SEC. 2115. EFFECTIVE DATE.
The amendments made by this subtitle to Public Law 107-56,
the United States Code, the Federal Deposit Insurance Act, and any
other provision of law shall take effect as if such amendments had been
included in Public Law 107-56, as of the date of the enactment of such
Public Law, and no amendment made by such Public Law that is
inconsistent with an amendment made by this subtitle shall be deemed to
have taken effect.
Subchapter B--Additional Enforcement Tools
SEC. 2121. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) Production of Documents- Section 5114(a) of title 31,
United States Code (relating to engraving and printing currency and
security documents), is amended--
(1) by striking `(a) The Secretary of the Treasury' and inserting:
`(a) Authority to Engrave and Print-
`(1) IN GENERAL- The Secretary of the Treasury'; and
(2) by adding at the end the following new paragraphs:
`(2) ENGRAVING AND PRINTING FOR OTHER GOVERNMENTS- The
Secretary of the Treasury may produce currency, postage stamps, and
other security documents for foreign governments if--
`(A) the Secretary of the Treasury determines that
such production will not interfere with engraving and printing needs of
the United States; and
`(B) the Secretary of State determines that such production would be consistent with the foreign policy of the United States.
`(3) PROCUREMENT GUIDELINES- Articles, material, and
supplies procured for use in the production of currency, postage
stamps, and other security documents for foreign governments pursuant
to paragraph (2) shall be treated in the same manner as articles,
material, and supplies procured for public use within the United States
for purposes of title III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.; commonly referred to as the Buy American Act).'.
(b) Reimbursement- Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engraving and
Printing), is amended--
(1) in the first sentence, by inserting `or to a foreign government under section 5114' after `agency';
(2) in the second sentence, by inserting `and other' after `including administrative'; and
(3) in the last sentence, by inserting `, and the
Secretary shall take such action, in coordination with the Secretary of
State, as may be appropriate to ensure prompt payment by a foreign
government of any invoice or statement of account submitted by the
Secretary with respect to services rendered under section 5114' before
the period at the end.
SEC. 2122. CONDUCT IN AID OF COUNTERFEITING.
(a) In General- Section 474(a) of title 18, United States
Code, is amended by inserting after the paragraph beginning `Whoever
has in his control, custody, or possession any plate' the following:
` Whoever, with intent to defraud, has in his custody,
control, or possession any material that can be used to make, alter,
forge or counterfeit any obligations and other securities of the United
States or any part of such securities and obligations, except under the
authority of the Secretary of the Treasury; or'.
(b) Foreign Obligations and Securities- Section 481 of
title 18, United States Code, is amended by inserting after the
paragraph beginning `Whoever, with intent to defraud' the following:
` Whoever, with intent to defraud, has in his custody,
control, or possession any material that can be used to make, alter,
forge or counterfeit any obligation or other security of any foreign
government, bank or corporation; or'.
(c) Counterfeit Acts- Section 470 of title 18, United
States Code, is amended by striking `or 474' and inserting `474, or
474A'.
(d) Materials Used in Counterfeiting- Section 474A(b) of
title 18, United States Code, is amended by striking `any essentially
identical' and inserting `any thing or material made after or in the
similitude of any'.
Subtitle F--Criminal History Background Checks
SEC. 2141. SHORT TITLE.
This subtitle may be cited as the `Criminal History Access Means Protection of Infrastructures and Our Nation'.
SEC. 2142. CRIMINAL HISTORY INFORMATION CHECKS.
(a) In General- Section 534 of title 28, United States Code, is amended by adding at the end the following:
`(f)(1) Under rules prescribed by the Attorney General, the
Attorney General shall establish and maintain a system for providing to
an employer criminal history information that--
`(A) is in the possession of the Attorney General; and
`(B) is requested by an employer as part of an employee
criminal history investigation that has been authorized by the State
where the employee works or where the employer has their principal
place of business;
in order to ensure that a prospective employee is suitable for certain employment positions.
`(2) The Attorney General shall require that an employer
seeking criminal history information of an employee request such
information and submit fingerprints or other biometric identifiers as
approved by the Attorney General to provide a positive and reliable
identification of such prospective employee.
`(3) The Director of the Federal Bureau of Investigation may require an employer to pay a reasonable fee for such information.
`(4) Upon receipt of fingerprints or other biometric
identifiers, the Attorney General shall conduct an Integrated
Fingerprint Identification System of the Federal Bureau of
Investigation (IAFIS) check and provide the results of such check to
the requester.
`(5) As used in this subsection,
`(A) the term `criminal history information' and `criminal history records' includes----
`(i) an identifying description of the individual to whom it pertains;
`(ii) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and
`(iii) any disposition to a notation revealed in
subparagraph (B), including acquittal, sentencing, correctional
supervision, or release.
`(B) the term `Integrated Automated Fingerprint
Identification System of the Federal Bureau of Investigation (IAFIS)'
means the national depository for fingerprint, biometric, and criminal
history information, through which fingerprints are processed
electronically.
`(6) Nothing in this subsection shall preclude the Attorney
General from authorizing or requiring criminal history record checks on
individuals employed or seeking employment in positions vital to the
Nation's critical infrastructure or key resources as those terms are
defined in section 1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e))
and section 2(9) of the Homeland Security Act of 2002 (6 U.S.C.
101(9)).'.
(1) IN GENERAL- Not later than 120 days after the date
of the enactment of this Act, the Attorney General shall report to the
appropriate committees of Congress regarding all statutory requirements
for criminal history record checks that are required to be conducted by
the Department of Justice or any of its components.
(2) IDENTIFICATION OF INFORMATION- The Attorney General
shall identify the number of records requested, including the type of
information requested, usage of different terms and definitions
regarding criminal history information, and the variation in fees
charged for such information and who pays such fees.
(3) RECOMMENDATIONS- The Attorney General shall make
recommendations for consolidating the existing procedures into a
unified procedure consistent with that provided in section 534(f) of
title 28, United States Code, as amended by this subtitle.
Subtitle G--Protection of United States Aviation System From Terrorist Attacks
SEC. 2171. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) Use of Biometric Technology- Section 44903(h) of title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking `may provide for'
and inserting `shall issue, not later than 120 days after the date of
enactment of paragraph (5), guidance for'; and
(2) by adding at the end the following:
`(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
CONTROL SYSTEMS- In issuing guidance under paragraph (4)(E), the
Assistant Secretary of Homeland Security (Transportation Security
Administration), in consultation with representatives of the aviation
industry, the biometrics industry, and the National Institute of
Standards and Technology, shall establish, at a minimum--
`(A) comprehensive technical and operational system
requirements and performance standards for the use of biometrics in
airport access control systems (including airport perimeter access
control systems) to ensure that the biometric systems are effective,
reliable, and secure;
`(B) a list of products and vendors that meet such requirements and standards;
`(C) procedures for implementing biometric systems--
`(i) to ensure that individuals do not use an assumed identity to enroll in a biometric system; and
`(ii) to resolve failures to enroll, false matches, and false non-matches; and
`(D) best practices for incorporating biometric
technology into airport access control systems in the most effective
manner, including a process to best utilize existing airport access
control systems, facilities, and equipment and existing data networks
connecting airports.
`(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL-
`(A) IN GENERAL- Not later than 120 days after the date of enactment of this paragraph, the Assistant Secretary shall--
`(i) establish a law enforcement officer travel
credential that incorporates biometrics and is uniform across all
Federal, State, and local government law enforcement agencies;
`(ii) establish a process by which the travel
credential will be used to verify the identity of a Federal, State, or
local government law enforcement officer seeking to carry a weapon on
board an aircraft, without unnecessarily disclosing to the public that
the individual is a law enforcement officer;
`(iii) establish procedures--
`(I) to ensure that only Federal, State, and local government law enforcement officers are issued the travel credential;
`(II) to resolve failures to enroll, false matches, and false non-matches relating to use of the travel credential; and
`(III) to invalidate any travel credential that is lost, stolen, or no longer authorized for use;
`(iv) begin issuance of the travel credential
to each Federal, State, and local government law enforcement officer
authorized by the Assistant Secretary to carry a weapon on board an
aircraft; and
`(v) take such other actions with respect to the travel credential as the Secretary considers appropriate.
`(B) FUNDING- There are authorized to be appropriated such sums as may be necessary to carry out this paragraph.
`(7) DEFINITIONS- In this subsection, the following definitions apply:
`(A) BIOMETRIC INFORMATION- The term `biometric
information' means the distinct physical or behavioral characteristics
that are used for identification, or verification of the identity, of
an individual.
`(B) BIOMETRICS- The term `biometrics' means a
technology that enables the automated identification, or verification
of the identity, of an individual based on biometric information.
`(C) FAILURE TO ENROLL- The term `failure to
enroll' means the inability of an individual to enroll in a biometric
system due to an insufficiently distinctive biometric sample, the lack
of a body part necessary to provide the biometric sample, a system
design that makes it difficult to provide consistent biometric
information, or other factors.
`(D) FALSE MATCH- The term `false match' means the
incorrect matching of one individual's biometric information to another
individual's biometric information by a biometric system.
`(E) FALSE NON-MATCH- The term `false non-match' means the rejection of a valid identity by a biometric system.
`(F) SECURE AREA OF AN AIRPORT- The term `secure
area of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal Regulations, or any
successor regulation to such section).'.
(b) Funding for Use of Biometric Technology in Airport Access Control Systems-
(1) GRANT AUTHORITY- Section 44923(a)(4) of title 49, United States Code, is amended--
(A) by striking `and' at the end of paragraph (3);
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
`(4) for projects to implement biometric technologies in accordance with guidance issued under section 44903(h)(4)(E); and'.
(2) AUTHORIZATION OF APPROPRIATIONS- Section
44923(i)(1) of such title is amended by striking `$250,000,000 for each
of fiscal years 2004 through 2007' and inserting `$250,000,000 for
fiscal year 2004, $345,000,000 for fiscal year 2005, and $250,000,000
for each of fiscal years 2006 and 2007'.
SEC. 2172. TRANSPORTATION SECURITY STRATEGIC PLANNING.
Section 44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
`(c) Transportation Security Strategic Planning-
`(1) IN GENERAL- The Secretary of Homeland Security
shall prepare and update, as needed, a transportation sector specific
plan and transportation modal security plans in accordance with this
section.
`(2) CONTENTS- At a minimum, the modal security plan for aviation prepared under paragraph (1) shall--
`(A) set risk-based priorities for defending aviation assets;
`(B) select the most practical and cost-effective methods for defending aviation assets;
`(C) assign roles and missions to Federal, State, regional, and local authorities and to stakeholders;
`(D) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
`(E) include a threat matrix document that outlines
each threat to the United States civil aviation system and the
corresponding layers of security in place to address such threat.
`(3) REPORTS- Not later than 180 days after the date of
enactment of the subsection and annually thereafter, the Secretary
shall submit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report containing the plans prepared
under paragraph (1), including any updates to the plans. The report may
be submitted in a classified format.
`(d) Operational Criteria- Not later than 90 days after the
date of submission of the report under subsection (c)(3), the Assistant
Secretary of Homeland Security (Transportation Security Administration)
shall issue operational criteria to protect airport infrastructure and
operations against the threats identified in the plans prepared under
subsection (c)(1) and shall approve best practices guidelines for
airport assets.'.
SEC. 2173. NEXT GENERATION AIRLINE PASSENGER PRESCREENING.
(a) In General- Section 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following:
`(C) NEXT GENERATION AIRLINE PASSENGER PRESCREENING-
`(i) COMMENCEMENT OF TESTING- Not later than
November 1, 2004, the Assistant Secretary of Homeland Security
(Transportation Security Administration), or the designee of the
Assistant Secretary, shall commence testing of a next generation
passenger prescreening system that will allow the Department of
Homeland Security to assume the performance of comparing passenger name
records to the automatic selectee and no fly lists, utilizing all
appropriate records in the consolidated and integrated terrorist
watchlist maintained by the Federal Government.
`(ii) ASSUMPTION OF FUNCTION- Not later than
180 days after completion of testing under clause (i), the Assistant
Secretary, or the designee of the Assistant Secretary, shall assume the
performance of the passenger prescreening function of comparing
passenger name records to the automatic selectee and no fly lists and
utilize all appropriate records in the consolidated and integrated
terrorist watchlist maintained by the Federal Government in performing
that function.
`(iii) REQUIREMENTS- In assuming performance of the function under clause (i), the Assistant Secretary shall--
`(I) establish a procedure to enable
airline passengers, who are delayed or prohibited from boarding a
flight because the next generation passenger prescreening system
determined that they might pose a security threat, to appeal such
determination and correct information contained in the system;
`(II) ensure that Federal Government
databases that will be used to establish the identity of a passenger
under the system will not produce a large number of false positives;
`(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
`(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
`(V) implement substantial security measures to protect the system from unauthorized access;
`(VI) adopt policies establishing effective oversight of the use and operation of the system; and
`(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
`(iv) PASSENGER NAME RECORDS- Not later than 60
days after the completion of the testing of the next generation
passenger prescreening system, the Assistant Secretary shall require
air carriers to supply to the Assistant Secretary the passenger name
records needed to begin implementing the next generation passenger
prescreening system.
`(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST- The
Assistant Secretary of Homeland Security (Transportation Security
Administration), in coordination with the Secretary of Transportation
and the Administrator of the Federal Aviation Administration, shall
ensure that individuals are screened against all appropriate records in
the consolidated and integrated terrorist watchlist maintained by the
Federal Government before--
`(i) being certificated by the Federal Aviation Administration;
`(ii) being issued a credential for access to the secure area of an airport; or
`(iii) being issued a credential for access to
the air operations area (as defined in section 1540.5 of title 49, Code
of Federal Regulations, or any successor regulation to such section) of
an airport.
`(E) APPEAL PROCEDURES- The Assistant Secretary
shall establish a timely and fair process for individuals identified as
a threat under subparagraph (D) to appeal the determination and correct
any erroneous information.
`(F) DEFINITION- In this paragraph, the term
`secure area of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal Regulations, or any
successor regulation to such section).'.
(1) IN GENERAL- Not later than 90 days after the date
on which the Assistant Secretary of Homeland Security (Transportation
Security Administration) assumes performance of the passenger
prescreening function under section 44903(j)(2)(C)(ii) of title 49,
United States Code, the Comptroller General shall submit to the
appropriate congressional committees a report on the assumption of such
function. The report may be submitted in a classified format.
(2) CONTENTS- The report under paragraph (1) shall address--
(A) whether a system exists in the next generation
passenger prescreening system whereby aviation passengers, determined
to pose a threat and either delayed or prohibited from boarding their
scheduled flights by the Transportation Security Administration, may
appeal such a decision and correct erroneous information;
(B) the sufficiency of identifying information
contained in passenger name records and any government databases for
ensuring that a large number of false positives will not result under
the next generation passenger prescreening system in a significant
number of passengers being treated as a threat mistakenly or in
security resources being diverted;
(C) whether the Transportation Security Administration stress tested the next generation passenger prescreening system;
(D) whether an internal oversight board has been
established in the Department of Homeland Security to monitor the next
generation passenger prescreening system;
(E) whether sufficient operational safeguards have been established to prevent the opportunities for abuse of the system;
(F) whether substantial security measures are in
place to protect the passenger prescreening database from unauthorized
access;
(G) whether policies have been adopted for the effective oversight of the use and operation of the system;
(H) whether specific privacy concerns still exist with the system; and
(I) whether appropriate life cycle cost estimates
have been developed, and a benefit and cost analysis has been
performed, for the system.
SEC. 2174. DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.
(a) Nonmetallic Weapons and Explosives- In order to improve
security, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall give priority to developing, testing,
improving, and deploying technology at screening checkpoints at
airports that will detect nonmetallic weapons and explosives on the
person of individuals, in their clothing, or in their carry-on baggage
or personal property and shall ensure that the equipment alone, or as
part of an integrated system, can detect under realistic operating
conditions the types of nonmetallic weapons and explosives that
terrorists would likely try to smuggle aboard an air carrier aircraft.
(b) Strategic Plan for Deployment and Use of Explosive Detection Equipment at Airport Screening Checkpoints-
(1) IN GENERAL- Not later than 90 days after the date
of enactment of this Act, the Assistant Secretary shall transmit to the
appropriate congressional committees a strategic plan to promote the
optimal utilization and deployment of explosive detection systems at
airports to screen individuals and their carry-on baggage or personal
property, including walk-through explosive detection portals, document
scanners, shoe scanners, and any other explosive detection equipment
for use at a screening checkpoint. The plan may be transmitted in a
classified format.
(2) CONTENTS- The strategic plan shall include
descriptions of the operational applications of explosive detection
equipment at airport screening checkpoints, a deployment schedule and
quantities of equipment needed to implement the plan, and funding needs
for implementation of the plan, including a financing plan that
provides for leveraging non-Federal funding.
SEC. 2175. PILOT PROGRAM TO EVALUATE USE OF BLAST-RESISTANT CARGO AND BAGGAGE CONTAINERS.
(a) In General- Beginning not later than 180 days after the
date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall carry out a
pilot program to evaluate the use of blast-resistant containers for
cargo and baggage on passenger aircraft to minimize the potential
effects of detonation of an explosive device.
(b) Incentives for Participation in Pilot Program-
(1) IN GENERAL- As part of the pilot program, the
Assistant Secretary shall provide incentives to air carriers to
volunteer to test the use of blast-resistant containers for cargo and
baggage on passenger aircraft.
(2) APPLICATIONS- To volunteer to participate in the
incentive program, an air carrier shall submit to the Assistant
Secretary an application that is in such form and contains such
information as the Assistant Secretary requires.
(3) TYPES OF ASSISTANCE- Assistance provided by the
Assistant Secretary to air carriers that volunteer to participate in
the pilot program shall include the use of blast-resistant containers
and financial assistance to cover increased costs to the carriers
associated with the use and maintenance of the containers, including
increased fuel costs.
(c) Report- Not later than one year after the date of
enactment of this Act, the Assistant Secretary shall submit to
appropriate congressional committees a report on the results of the
pilot program.
(d) Authorization of Appropriations- There are authorized
to be appropriated to carry out this section $2,000,000. Such sums
shall remain available until expended.
SEC. 2176. AIR CARGO SCREENING TECHNOLOGY.
The Transportation Security Administration shall develop technology to better identify, track, and screen air cargo.
SEC. 2177. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended by adding at the end the following:
`(i) Checkpoint Screening Security Fund-
`(1) ESTABLISHMENT- There is established in the
Department of Homeland Security a fund to be known as the `Checkpoint
Screening Security Fund'.
`(2) DEPOSITS- In each of fiscal years 2005 and 2006,
after amounts are made available under section 44923(h), the next
$30,000,000 derived from fees received under subsection (a)(1) shall be
available to be deposited in the Fund.
`(3) FEES- The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to collect at
least $30,000,000 in each of fiscal years 2005 and 2006 for deposit
into the Fund.
`(4) AVAILABILITY OF AMOUNTS- Amounts in the Fund shall
be available for the purchase, deployment, and installation of
equipment to improve the ability of security screening personnel at
screening checkpoints to detect explosives.'.
SEC. 2178. NEXT GENERATION SECURITY CHECKPOINT.
(a) Pilot Program- The Transportation Security
Administration shall develop, not later than 120 days after the date of
enactment of this Act, and conduct a pilot program to test, integrate,
and deploy next generation security checkpoint screening technology at
not less than 5 airports in the United States.
(b) Human Factor Studies- The Administration shall conduct
human factors studies to improve screener performance as part of the
pilot program under subsection (a).
SEC. 2179. PENALTY FOR FAILURE TO SECURE COCKPIT DOOR.
(a) Civil Penalty- Section 46301(a) of title 49, United States Code, is amended by adding at the end the following:
`(6) PENALTY FOR FAILURE TO SECURE FLIGHT DECK DOOR-
Any person holding a part 119 certificate under part of title 14, Code
of Federal Regulations, is liable to the Government for a civil penalty
of not more than $25,000 for each violation, by the pilot in command of
an aircraft owned or operated by such person, of any Federal regulation
that requires that the flight deck door be closed and locked when the
aircraft is being operated.'.
(b) Technical Corrections-
(1) COMPROMISE AND SETOFF FOR FALSE INFORMATION-
Section 46302(b) of such title is amended by striking `Secretary of
Transportation' and inserting `Secretary of the Department of Homeland
Security and, for a violation relating to section 46504, the Secretary
of Transportation,'.
(2) CARRYING A WEAPON- Section 46303 of such title is amended--
(A) in subsection (b) by striking `Secretary of Transportation' and inserting `Secretary of Homeland Security'; and
(B) in subsection (c)(2) by striking `Under
Secretary of Transportation for Security' and inserting `Secretary of
Homeland Security'.
(3) ADMINISTRATIVE IMPOSITION OF PENALTIES- Section 46301(d) of such title is amended--
(A) in the first sentence of paragraph (2) by
striking `46302, 46303,' and inserting `46302 (for a violation relating
to section 46504),'; and
(B) in the second sentence of paragraph (2)--
(i) by striking `Under Secretary of Transportation for Security' and inserting `Secretary of Homeland Security'; and
(ii) by striking `44909)' and inserting `44909), 46302 (except for a violation relating to section 46504), 46303,';
(C) in each of paragraphs (2), (3), and (4) by
striking `Under Secretary or' and inserting `Secretary of Homeland
Security'; and
(D) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.
SEC. 2180. FEDERAL AIR MARSHAL ANONYMITY.
The Director of the Federal Air Marshal Service of the
Department of Homeland Security shall continue to develop operational
initiatives to protect the anonymity of Federal air marshals.
SEC. 2181. FEDERAL LAW ENFORCEMENT IN-FLIGHT COUNTERTERRORISM TRAINING.
The Assistant Secretary for Immigration and Customs
Enforcement and the Director of Federal Air Marshal Service of the
Department of Homeland Security, in coordination with the Assistant
Secretary of Homeland Security (Transportation Security
Administration), shall make available appropriate in-flight
counterterrorism procedures and tactics training to Federal law
enforcement officers who fly while on duty.
SEC. 2182. FEDERAL FLIGHT DECK OFFICER WEAPON CARRIAGE PILOT PROGRAM.
(a) In General- Not later than 90 days after the date of
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall implement a pilot
program to allow pilots participating in the Federal flight deck
officer program to transport their firearms on their persons. The
Assistant Secretary may prescribe any training, equipment, or
procedures that the Assistant Secretary determines necessary to ensure
safety and maximize weapon retention.
(b) Review- Not later than 1 year after the date of
initiation of the pilot program, the Assistant Secretary shall conduct
a review of the safety record of the pilot program and transmit a
report on the results of the review to the appropriate congressional
committees.
(c) Option- If the Assistant Secretary as part of the
review under subsection (b) determines that the safety level obtained
under the pilot program is comparable to the safety level determined
under existing methods of pilots carrying firearms on aircraft, the
Assistant Secretary shall allow all pilots participating in the Federal
flight deck officer program the option of carrying their firearm on
their person subject to such requirements as the Assistant Secretary
determines appropriate.
SEC. 2183. REGISTERED TRAVELER PROGRAM.
The Transportation Security Administration shall expedite implementation of the registered traveler program.
SEC. 2184. WIRELESS COMMUNICATION.
(a) Study- The Transportation Security Administration, in
consultation with the Federal Aviation Administration, shall conduct a
study to determine the viability of providing devices or methods,
including wireless methods, to enable a flight crew to discreetly
notify the pilot in the case of a security breach or safety issue
occurring in the cabin.
(b) Matters to Be Considered- In conducting the study, the
Transportation Security Administration and the Federal Aviation
Administration shall consider technology that is readily available and
can be quickly integrated and customized for use aboard aircraft for
flight crew communication.
(c) Report- Not later than 180 days after the date of
enactment of this Act, the Transportation Security Administration shall
submit to the appropriate congressional committees a report on the
results of the study.
SEC. 2185. SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of enactment of this
Act, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall transmit to the appropriate
congressional committees a report on the costs and benefits associated
with the use of secondary flight deck barriers and whether the use of
such barriers should be mandated for all air carriers. The Assistant
Secretary may transmit the report in a classified format.
SEC. 2186. EXTENSION.
Section 48301(a) of title 49, United States Code, is amended by striking `and 2005' and inserting `2005, and 2006'.
SEC. 2187. PERIMETER SECURITY.
(a) Report- Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with airport
operators and law enforcement authorities, shall develop and submit to
the appropriate congressional committee a report on airport perimeter
security. The report may be submitted in a classified format.
(b) Contents- The report shall include--
(1) an examination of the feasibility of access control
technologies and procedures, including the use of biometrics and other
methods of positively identifying individuals prior to entry into
secure areas of airports, and provide best practices for enhanced
perimeter access control techniques; and
(2) an assessment of the feasibility of physically
screening all individuals prior to entry into secure areas of an
airport and additional methods for strengthening the background vetting
process for all individuals credentialed to gain access to secure areas
of airports.
SEC. 2188. DEFINITIONS.
In this title, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEE- The term
`appropriate congressional committees' means the Committee on
Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
(2) AIR CARRIER- The term `air carrier' has the meaning such term has under section 40102 of title 49, United States Code.
(3) SECURE AREA OF AN AIRPORT- The term `secure area of
an airport' means the sterile area and the Secure Identification
Display Area of an airport (as such terms are defined in section 1540.5
of title 49, Code of Federal Regulations, or any successor regulation
to such section).
Subtitle H--Other Matters
SEC. 2191. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments- Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
(A) in subparagraph (A)(ii), by striking `or state
subdivision or of an Indian tribe' and inserting `, state subdivision,
Indian tribe, or foreign government';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the
following: `An attorney for the government may also disclose any
grand-jury matter involving a threat of actual or potential attack or
other grave hostile acts of a foreign power or an agent of a foreign
power, domestic or international sabotage, domestic or international
terrorism, or clandestine intelligence gathering activities by an
intelligence service or network of a foreign power or by an agent of a
foreign power, within the United States or elsewhere, to any
appropriate Federal, State, state subdivision, Indian tribal, or
foreign government official for the purpose of preventing or responding
to such a threat.'; and
(I) by striking `federal'; and
(II) by adding at the end the following:
`Any State, state subdivision, Indian tribal, or foreign government
official who receives information under Rule 6(e)(3)(D) may use the
information only consistent with such guidelines as the Attorney
General and the National Intellience Director shall jointly issue.'; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
`(iii) at the request of the government, when
sought by a foreign court or prosecutor for use in an official criminal
investigation;'; and
(iii) in clause (iv), as redesignated--
(I) by striking `state or Indian tribal' and inserting `State, Indian tribal, or foreign'; and
(II) by striking `or Indian tribal official' and inserting `Indian tribal, or foreign government official'; and
(2) in paragraph (7), by inserting `, or of guidelines
jointly issued by the Attorney General and Director of Central
Intelligence pursuant to Rule 6,' after `Rule 6'.
(b) Conforming Amendment- Section 203(c) of Public Law
107-56 (18 U.S.C. 2517 note) is amended by striking `Rule
6(e)(3)(C)(i)(V) and (VI)' and inserting `Rule 6(e)(3)(D)'.
SEC. 2192. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA SYSTEM.
(a) Findings- The Congress finds as follows:
(1) The interoperable electronic data system know as
the `Chimera system', and required to be developed and implemented by
section 202(a)(2) of the Enhanced Border Security and Visa Entry Reform
Act of 2002 (8 U.S.C. 1722(a)(2)), has not in any way been implemented.
(2) Little progress has been made since the enactment
of such Act with regard to establishing a process to connect existing
trusted systems operated independently by the respective intelligence
agencies.
(3) It is advisable, therefore, to assign such responsibility to the National Intelligence Director.
(4) The National Intelligence Director should, pursuant
to the amendments made by subsection (c), begin systems planning
immediately upon assuming office to deliver an interim system not later
than 1 year after the date of the enactment of this Act, and to deliver
the fully functional Chimera system not later than September 11, 2007.
(5) Both the interim system, and the fully functional
Chimera system, should be designed so that intelligence officers,
Federal law enforcement agencies (as defined in section 2 of such Act
(8 U.S.C. 1701)), operational counter-terror support center personnel,
consular officers, and Department of Homeland Security enforcement
officers have access to them.
(b) Purposes- The purposes of this section are as follows:
(1) To provide the National Intelligence Director with
the necessary authority and resources to establish both an interim data
system and, subsequently, a fully functional Chimera system, to collect
and share intelligence and operational information with the
intelligence community (as defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).
(2) To require the National Intelligence Director to
establish a state-of-the-art Chimera system with both biometric
identification and linguistic capabilities satisfying the best
technology standards.
(3) To ensure that the National Intelligence Center
will have a fully functional capability, not later than September 11,
2007, for interoperable data and intelligence exchange with the
agencies of the intelligence community (as so defined).
(1) IN GENERAL- Title II of the Enhanced Border
Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1721 et seq.) is
amended--
(i) by amending paragraphs (1) and (2) to read as follows:
`(1) INTERIM INTEROPERABLE INTELLIGENCE DATA EXCHANGE
SYSTEM- Not later than 1 year after assuming office, the National
Intelligence Director shall establish an interim interoperable
intelligence data exchange system that will connect the data systems
operated independently by the entities in the intelligence community
and by the National Counterterrorism Center, so as to permit automated
data exchange among all of these entities. Immediately upon assuming
office, the National Intelligence Director shall begin the plans
necessary to establish such interim system.
`(2) CHIMERA SYSTEM- Not later than September 11, 2007,
the National Intelligence Director shall establish a fully functional
interoperable law enforcement and intelligence electronic data system
within the National Counterterrorism Center to provide immediate access
to information in databases of Federal law enforcement agencies and the
intelligence community that is necessary to identify terrorists, and
organizations and individuals that support terrorism. The system
established under this paragraph shall referred to as the `Chimera
system'. ';
(I) by striking `President' and inserting `National Intelligence Director'; and
(II) by striking `the data system' and
inserting `the interim system described in paragraph (1) and the
Chimera system described in paragraph (2)';
(iii) in paragraph (4)(A), by striking `The
data system' and all that follows through `(2),' and inserting `The
interim system described in paragraph (1) and the Chimera system
described in paragraph (2)';
(I) in the matter preceding subparagraph
(A), by striking `data system under this subsection' and inserting
`Chimera system described in paragraph (2)';
(II) in subparagraph (B), by striking `and' at the end;
(III) in subparagraph (C), by striking the period at the end and inserting `; and'; and
(IV) by adding at the end the following:
`(D) to any Federal law enforcement or intelligence
officer authorized to assist in the investigation, identification, or
prosecution of terrorists, alleged terrorists, individuals supporting
terrorist activities, and individuals alleged to support terrorist
activities. '; and
(I) by striking `President' and inserting `National Intelligence Director';
(II) by striking `the data system' and all
that follows through `(2),' and inserting `the interim system described
in paragraph (1) and the Chimera system described in paragraph (2)';
(i) in paragraph (1), by striking `The
interoperable' and all that follows through `subsection (a)' and
inserting `the Chimera system described in subsection (a)(2)';
(ii) in paragraph (2), by striking
`interoperable electronic database' and inserting `Chimera system
described in subsection (a)(2)'; and
(iii) by amending paragraph (4) to read as follows:
`(4) INTERIM REPORTS- Not later than 6 months after
assuming office, the National Intelligence Director shall submit a
report to the appropriate committees of Congress on the progress in
implementing each requirement of this section.';
(i) by striking `Attorney General' each place such term appears and inserting `National Intelligence Director';
(ii) in subsection (d)(1), by striking `Attorney General's' and inserting `National Intelligence Director's'; and
(D) by striking section 203 and redesignating section 204 as section 203.
(2) CLERICAL AMENDMENT- The table of contents for the
Enhanced Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1701 et seq.) is amended--
(A) by striking the item relating to section 203; and
(B) by redesignating the item relating to section 204 as relating to section 203.
SEC. 2193. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) Findings- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States and to meet the
intelligence needs of the United States, Congress makes the following
findings:
(1) The Federal Bureau of Investigation has made significant progress in improving its intelligence capabilities.
(2) The Federal Bureau of Investigation must further
enhance and fully institutionalize its ability to prevent, preempt, and
disrupt terrorist threats to our homeland, our people, our allies, and
our interests.
(3) The Federal Bureau of Investigation must collect,
process, share, and disseminate, to the greatest extent permitted by
applicable law, to the President, the Vice President, and other
officials in the Executive Branch, all terrorism information and other
information necessary to safeguard our people and advance our national
and homeland security interests.
(4) The Federal Bureau of Investigation must move
towards full and seamless coordination and cooperation with all other
elements of the Intelligence Community, including full participation
in, and support to, the National Counterterrorism Center.
(5) The Federal Bureau of Investigation must strengthen
its pivotal role in coordination and cooperation with Federal, State,
tribal, and local law enforcement agencies to ensure the necessary
sharing of information for counterterrorism and criminal law
enforcement purposes.
(6) The Federal Bureau of Investigation must perform
its vital intelligence functions in a manner consistent with both with
national intelligence priorities and respect for privacy and other
civil liberties under the Constitution and laws of the United States.
(b) Improvement of Intelligence Capabilities- The Director
of the Federal Bureau of Investigation shall establish a comprehensive
intelligence program for--
(1) intelligence analysis, including recruitment and
hiring of analysts, analyst training, priorities and status for
analysis, and analysis performance measures;
(2) intelligence production, including product
standards, production priorities, information sharing and
dissemination, and customer satisfaction measures;
(3) production of intelligence that is responsive to
national intelligence requirements and priorities, including measures
of the degree to which each FBI headquarters and field component is
collecting and providing such intelligence;
(4) intelligence sources, including source validation, new source development, and performance measures;
(5) field intelligence operations, including staffing
and infrastructure, management processes, priorities, and performance
measures;
(6) full and seamless coordination and cooperation with
the other components of the Intelligence Community, consistent with
their responsibilities; and
(7) sharing of FBI intelligence and information across
Federal, state, and local governments, with the private sector, and
with foreign partners as provided by law or by guidelines of the
Attorney General.
(c) Intelligence Directorate- The Director of the Federal
Bureau of Investigation shall establish an Intelligence Directorate
within the FBI. The Intelligence Directorate shall have the authority
to manage and direct the intelligence operations of all FBI
headquarters and field components. The Intelligence Directorate shall
have responsibility for all components and functions of the FBI
necessary for--
(1) oversight of FBI field intelligence operations;
(2) FBI human source development and management;
(3) FBI collection against nationally-determined intelligence requirements;
(6) intelligence program and budget management; and
(7) the intelligence workforce.
(d) National Security Workforce- The Director of the
Federal Bureau of Investigation shall establish a specialized,
integrated intelligence cadre composed of Special Agents, analysts,
linguists, and surveillance specialists in a manner which creates and
sustains within the FBI a workforce with substantial expertise in, and
commitment to, the intelligence mission of the FBI. The Director shall--
(1) ensure that these FBI employees may make their
career, including promotion to the most senior positions in the FBI,
within this career track;
(2) establish intelligence cadre requirements for--
(B) career development and certification;
(C) recruitment, hiring, and selection;
(D) integrating field intelligence teams; and
(E) senior level field management;
(3) establish intelligence officer certification
requirements, including requirements for training courses and
assignments to other intelligence, national security, or homeland
security components of the Executive branch, in order to advance to
senior operational management positions in the FBI;
(4) ensure that the FBI's recruitment and training
program enhances its ability to attract individuals with educational
and professional backgrounds in intelligence, international relations,
language, technology, and other skills relevant to the intelligence
mission of the FBI;
(5) ensure that all Special Agents and analysts
employed by the FBI after the date of the enactment of this Act shall
receive basic training in both criminal justice matters and
intelligence matters;
(6) ensure that all Special Agents employed by the FBI
after the date of the enactment of this Act, to the maximum extent
practicable, be given an opportunity to undergo, during their early
service with the FBI, meaningful assignments in criminal justice
matters and in intelligence matters;
(7) ensure that, to the maximum extent practical,
Special Agents who specialize in intelligence are afforded the
opportunity to work on intelligence matters over the remainder of their
career with the FBI; and
(8) ensure that, to the maximum extent practical,
analysts are afforded FBI training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(e) Field Office Matters- The Director of the Federal
Bureau of Investigation shall take appropriate actions to ensure the
integration of analysis, Special Agents, linguists, and surveillance
personnel in FBI field intelligence components and to provide effective
leadership and infrastructure to support FBI field intelligence
components. The Director shall--
(1) ensure that each FBI field office has an official
at the level of Assistant Special Agent in Charge or higher with
responsibility for the FBI field intelligence component; and
(2) to the extent practicable, provide for such
expansion of special compartmented information facilities in FBI field
offices as is necessary to ensure the discharge by the field
intelligence components of the national security and criminal
intelligence mission of the FBI.
(g) Budget Matters- The Director of the Federal Bureau of
Investigation shall, in consultation with the Director of the Office of
Management and Budget, modify the budget structure of the FBI in order
to organize the budget according to its four main programs as follows:
(2) Counterterrorism and counterintelligence.
(3) Criminal enterprise/Federal crimes.
(4) Criminal justice services.
(1)(A) Not later than 180 days after the date of the
enactment of this Act, and every twelve months thereafter, the Director
of the Federal Bureau of Investigation shall submit to Congress a
report on the progress made as of the date of such report in carrying
out the requirements of this section.
(B) The Director shall include in the first report
required by subparagraph (A) an estimate of the resources required to
complete the expansion of special compartmented information facilities
to carry out the intelligence mission of FBI field intelligence
components.
(2) In each annual report required by paragraph (1)(A) the director shall include--
(A) a report on the progress made by each FBI field
office during the period covered by such review in addressing FBI and
national intelligence priorities;
(B) a report assessing the qualifications, status, and roles of analysts at FBI headquarters and in FBI field offices; and
(C) a report on the progress of the FBI in implementing information-sharing principles.
(3) A report required by this subsection shall be submitted--
(A) to each committee of Congress that has jurisdiction over the subject matter of such report; and
(B) in unclassified form, but may include a classified annex.
TITLE III--BORDER SECURITY AND TERRORIST TRAVEL
Subtitle A--Immigration Reform in the National Interest
CHAPTER 1--GENERAL PROVISIONS
SEC. 3001. ELIMINATING THE `WESTERN HEMISPHERE' EXCEPTION FOR CITIZENS.
(1) IN GENERAL- Section 215(b) of the Immigration and Nationality Act (8 U.S.C. 1185(b)) is amended to read as follows:
`(b)(1) Except as otherwise provided in this subsection, it
shall be unlawful for any citizen of the United States to depart from
or enter, or attempt to depart from or enter, the United States unless
the citizen bears a valid United States passport.
`(2) Subject to such limitations and exceptions as the
President may authorize and prescribe, the President may waive the
application of paragraph (1) in the case of a citizen departing the
United States to, or entering the United States from, foreign
contiguous territory.
`(3) The President, if waiving the application of paragraph
(1) pursuant to paragraph (2), shall require citizens departing the
United States to, or entering the United States from, foreign
contiguous territory to bear a document (or combination of documents)
designated by the Secretary of Homeland Security under paragraph (4).
`(4) The Secretary of Homeland Security--
`(A) shall designate documents that are sufficient to
denote identity and citizenship in the United States such that they may
be used, either individually or in conjunction with another document,
to establish that the bearer is a citizen or national of the United
States for purposes of lawfully departing from or entering the United
States; and
`(B) shall publish a list of those documents in the Federal Register.
`(5) A document may not be designated under paragraph (4)
(whether alone or in combination with other documents) unless the
Secretary of Homeland Security determines that the document--
`(A) may be relied upon for the purposes of this subsection; and
`(B) may not be issued to an alien unlawfully present in the United States.'.
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on October 1, 2006.
(1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security--
(A) shall designate documents that are sufficient
to denote identity and citizenship in the United States such that they
may be used, either individually or in conjunction with another
document, to establish that the bearer is a citizen or national of the
United States for purposes of lawfully departing from or entering the
United States; and
(B) shall publish a list of those documents in the Federal Register.
(2) LIMITATION ON PRESIDENTIAL AUTHORITY- Beginning on
the date that is 90 days after the publication described in paragraph
(1)(B), the President, notwithstanding section 215(b) of the
Immigration and Nationality Act (8 U.S.C. 1185(b)), may not exercise
the President's authority under such section so as to permit any
citizen of the United States to depart from or enter, or attempt to
depart from or enter, the United States from any country other than
foreign contiguous territory, unless the citizen bears a document (or
combination of documents) designated under paragraph (1)(A).
(3) CRITERIA FOR DESIGNATION- A document may not be
designated under paragraph (1)(A) (whether alone or in combination with
other documents) unless the Secretary of Homeland Security determines
that the document--
(A) may be relied upon for the purposes of this subsection; and
(B) may not be issued to an alien unlawfully present in the United States.
(4) EFFECTIVE DATE- This subsection shall take effect
on the date of the enactment of this Act and shall cease to be
effective on September 30, 2006.
SEC. 3002. MODIFICATION OF WAIVER AUTHORITY WITH RESPECT TO
DOCUMENTATION REQUIREMENTS FOR NATIONALS OF FOREIGN CONTIGUOUS
TERRITORIES AND ADJACENT ISLANDS.
(a) In General- Section 212(d)(4) of the Immigration and Nationality Act (8 U.S.C.1182(d)(4)) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security';
(2) by striking `on the basis of reciprocity' and all that follows through `or (C)'; and
(3) by adding at the end the following:
`Either or both of the requirements of such paragraph
may also be waived by the Secretary of Homeland Security and the
Secretary of State, acting jointly and on the basis of reciprocity,
with respect to nationals of foreign contiguous territory or of
adjacent islands, but only if such nationals are required, in order to
be admitted into the United States, to be in possession of
identification deemed by the Secretary of Homeland Security to be
secure.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on December 31, 2006.
SEC. 3003. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 2,000 the number of
positions for full-time active-duty border patrol agents within the
Department of Homeland Security above the number of such positions for
which funds were allotted for the preceding fiscal year.
SEC. 3004. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
The Secretary of Homeland Security, in each of fiscal years
2006 through 2010, shall increase by not less than 800 the number of
positions for full-time active-duty investigators within the Department
of Homeland Security investigating violations of immigration laws (as
defined in section 101(a)(17) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(17)) above the number of such positions for which funds
were allotted for the preceding fiscal year. At least half of these
additional investigators shall be designated to investigate potential
violations of section 274A of the Immigration and Nationality Act (8
U.S.C 1324a). Each State shall be allotted at least 3 of these
additional investigators.
SEC. 3005. ALIEN IDENTIFICATION STANDARDS.
Section 211 of the Immigration and Nationality Act (8 U.S.C. 1181) is amended by adding at the end the following:
`(d) For purposes of establishing identity to any Federal
employee, an alien present in the United States may present any
document issued by the Attorney General or the Secretary of Homeland
Security under the authority of one of the immigration laws (as defined
in section 101(a)(17)), or an unexpired lawfully issued foreign
passport. Subject to the limitations and exceptions in immigration laws
(as defined in section 101(a)(17) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(17)), no other document may be presented for
those purposes.'.
SEC. 3006. EXPEDITED REMOVAL.
Section 235(b)(1)(A) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(A)) is amended by striking clauses (i) through
(iii) and inserting the following:
`(i) IN GENERAL- If an immigration officer
determines that an alien (other than an alien described in subparagraph
(F)) who is arriving in the United States, or who has not been admitted
or paroled into the United States and has not been physically present
in the United States continuously for the 5-year period immediately
prior to the date of the determination of inadmissibility under this
paragraph, is inadmissible under section 212(a)(6)(C) or 212(a)(7), the
officer shall order the alien removed from the United States without
further hearing or review, unless--
`(I) the alien has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence; or
`(II) the alien indicates an intention to
apply for asylum under section 208 or a fear of persecution and the
officer determines that the alien has been physically present in the
United States for less than 1 year.
`(ii) CLAIMS FOR ASYLUM- If an immigration
officer determines that an alien (other than an alien described in
subparagraph (F)) who is arriving in the United States, or who has not
been admitted or paroled into the United States and has not been
physically present in the United States continuously for the 5-year
period immediately prior to the date of the determination of
inadmissibility under this paragraph, is inadmissible under section
212(a)(6)(C) or 212(a)(7), and the alien indicates either an intention
to apply for asylum under section 208 or a fear of persecution, the
officer shall refer the alien for an interview by an asylum officer
under subparagraph (B) if the officer determines that the alien has
been physically present in the United States for less than 1 year.'.
SEC. 3007. PREVENTING TERRORISTS FROM OBTAINING ASYLUM.
(a) Conditions for Granting Asylum- Section 208(b) of the Immigration and Nationality Act (8 U.S.C. 1158(b)) is amended--
(1) in paragraph (1), by striking `The Attorney General' and inserting the following:
`(A) ELIGIBILITY- The Secretary of Homeland Security or the Attorney General'; and
(2) by adding at the end the following:
`(B) BURDEN OF PROOF- The burden of proof is on the
applicant to establish that the applicant is a refugee within the
meaning of section 101(a)(42)(A). To establish that the applicant is a
refugee within the meaning of this Act, the applicant must establish
that race, religion, nationality, membership in a particular social
group, or political opinion was or will be the central motive for
persecuting the applicant. The testimony of the applicant may be
sufficient to sustain such burden without corroboration, but only if it
is credible, is persuasive, and refers to specific facts that
demonstrate that the applicant is a refugee. Where the trier of fact
finds that it is reasonable to expect corroborating evidence for
certain alleged facts pertaining to the specifics of the applicant's
claim, such evidence must be provided unless a reasonable explanation
is given as to why such information is not provided. The credibility
determination of the trier of fact may be based, in addition to other
factors, on the demeanor, candor, or responsiveness of the applicant or
witness, the consistency between the applicant's or witness's written
and oral statements, whether or not under oath, made at any time to any
officer, agent, or employee of the United States, the internal
consistency of each such statement, the consistency of such statements
with the country conditions in the country from which the applicant
claims asylum (as presented by the Department of State) and any
inaccuracies or falsehoods in such statements. These factors may be
considered individually or cumulatively.'.
(b) Standard of Review for Orders of Removal- Section
242(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(4))
is amended by adding after subparagraph (D) the following flush
language: `No court shall reverse a determination made by an
adjudicator with respect to the availability of corroborating evidence
as described in section 208(b)(1)(B), unless the court finds that a
reasonable adjudicator is compelled to conclude that such corroborating
evidence is unavailable.'.
(c) Effective Date- The amendment made by subsection (b)
shall take effect upon the date of enactment of this Act and shall
apply to cases in which the final administrative removal order was
issued before, on, or after the date of enactment of this Act.
SEC. 3008. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review- Section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)) is amended by adding at the end
the following: `There shall be no means of administrative or judicial
review of a revocation under this subsection, and no court or other
person otherwise shall have jurisdiction to consider any claim
challenging the validity of such a revocation.'.
(b) Classes of Deportable Aliens- Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended
by striking `United States is' and inserting the following: `United
States, or whose nonimmigrant visa (or other documentation authorizing
admission into the United States as a nonimmigrant) has been revoked
under section 221(i), is'.
(c) Revocation of Petitions- Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security'; and
(2) by striking the final two sentences.
(d) Effective Date- The amendments made by this section
shall take effect on the date of the enactment of this Act and shall
apply to revocations under sections 205 and 221(i) of the Immigration
and Nationality Act made before, on, or after such date.
SEC. 3009. JUDICIAL REVIEW OF ORDERS OF REMOVAL.
(a) In General- Section 242 of the Immigration and Nationality Act (8 U.S.C. 1252) is amended--
(i) in subparagraphs (A), (B), and (C), by
inserting `(statutory and nonstatutory), including section 2241 of
title 28, United States Code, or any other habeas corpus provision, and
sections 1361 and 1651 of title 28, United States Code' after
`Notwithstanding any other provision of law'; and
(ii) by adding at the end the following:
`(D) JUDICIAL REVIEW OF CERTAIN LEGAL CLAIMS-
Nothing in this paragraph shall be construed as precluding
consideration by the circuit courts of appeals of constitutional claims
or pure questions of law raised upon petitions for review filed in
accordance with this section. Notwithstanding any other provision of
law (statutory and nonstatutory), including section 2241 of title 28,
United States Code, or, except as provided in subsection (e), any other
habeas corpus provision, and sections 1361 and 1651 of title 28, United
States Code, such petitions for review shall be the sole and exclusive
means of raising any and all claims with respect to orders of removal
entered or issued under any provision of this Act.'; and
(B) by adding at the end the following:
`(4) CLAIMS UNDER THE UNITED NATIONS CONVENTION-
Notwithstanding any other provision of law (statutory and
nonstatutory), including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361 and 1651 of
title 28, United States Code, a petition for review by the circuit
courts of appeals filed in accordance with this section is the sole and
exclusive means of judicial review of claims arising under the United
Nations Convention Against Torture and Other Forms of Cruel, Inhuman,
or Degrading Treatment or Punishment.
`(5) EXCLUSIVE MEANS OF REVIEW- The judicial review
specified in this subsection shall be the sole and exclusive means for
review by any court of an order of removal entered or issued under any
provision of this Act. For purposes of this title, in every provision
that limits or eliminates judicial review or jurisdiction to review,
the terms `judicial review' and `jurisdiction to review' include habeas
corpus review pursuant to section 2241 of title 28, United States Code,
or any other habeas corpus provision, sections 1361 and 1651 of title
28, United States Code, and review pursuant to any other provision of
law.';
(A) in paragraph (3)(B), by inserting `pursuant to subsection (f)' after `unless'; and
(B) in paragraph (9), by adding at the end the
following: `Except as otherwise provided in this subsection, no court
shall have jurisdiction, by habeas corpus under section 2241 of title
28, United States Code, or any other habeas corpus provision, by
section 1361 or 1651 of title 28, United States Code, or by any other
provision of law (statutory or nonstatutory), to hear any cause or
claim subject to these consolidation provisions.';
(3) in subsection (f)(2), by inserting `or stay, by
temporary or permanent order, including stays pending judicial review,'
after `no court shall enjoin'; and
(4) in subsection (g), by inserting `(statutory and
nonstatutory), including section 2241 of title 28, United States Code,
or any other habeas corpus provision, and sections 1361 and 1651 of
title 28, United States Code' after `notwithstanding any other
provision of law'.
(b) Effective Date- The amendments made by subsection (a)
shall take effect upon the date of enactment of this Act and shall
apply to cases in which the final administrative removal order was
issued before, on, or after the date of enactment of this Act.
CHAPTER 2--DEPORTATION OF TERRORISTS AND SUPPORTERS OF TERRORISM
SEC. 3031. EXPANDED INAPPLICABILITY OF RESTRICTION ON REMOVAL.
(a) In General- Section 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amended--
(1) in the matter preceding clause (i), by striking
`section 237(a)(4)(D)' and inserting `paragraph (4)(B) or (4)(D) of
section 237(a)'; and
(2) in clause (iii), by striking `or';
(3) in clause (iv), by striking the period and inserting `; or' ;
(4) by inserting after clause (iv) and following:
`(v) the alien is described in subclause (I),
(II), (III), (IV), or (VI) of section 212(a)(3)(B)(i) or section
237(a)(4)(B), unless, in the case only of an alien described in
subclause (IV) of section 212(a)(3)(B)(i), the Secretary of Homeland
Security determines, in the Secretary's discretion, that there are not
reasonable grounds for regarding the alien as a danger to the security
of the United States.'; and
(5) by striking the last sentence.
(b) Exceptions- Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended--
(1) by striking `inadmissible under' each place such term appears and inserting `described in'; and
(2) by striking `removable under'.
(c) Effective Date- The amendments made by this section
shall take effect on the date of the enactment of this Act and shall
apply to--
(1) removal proceedings instituted before, on, or after the date of the enactment of this Act; and
(2) acts and conditions constituting a ground for
inadmissibility or removal occurring or existing before, on, or after
such date.
SEC. 3032. EXCEPTION TO RESTRICTION ON REMOVAL FOR TERRORISTS AND CRIMINALS.
(1) REVISION DEADLINE- Not later than 120 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall revise the regulations prescribed by the Secretary to
implement the United Nations Convention Against Torture and Other Forms
of Cruel, Inhuman or Degrading Treatment or Punishment, done at New
York on December 10, 1984.
(2) EXCLUSION OF CERTAIN ALIENS- The revision--
(A) shall exclude from the protection of such
regulations aliens described in section 241(b)(3)(B) of the Immigration
and Nationality Act (8 U.S.C. 1231(b)(3)(B)) (as amended by this
title), including rendering such aliens ineligible for withholding or
deferral of removal under the Convention; and
(B) shall ensure that the revised regulations operate so as to--
(i) allow for the reopening of determinations made under the regulations before the effective date of the revision; and
(ii) apply to acts and conditions constituting
a ground for ineligibility for the protection of such regulations, as
revised, regardless of when such acts or conditions occurred.
(3) BURDEN OF PROOF- The revision shall also ensure
that the burden of proof is on the applicant for withholding or
deferral of removal under the Convention to establish by clear and
convincing evidence that he or she would be tortured if removed to the
proposed country of removal.
(b) Judicial Review- Notwithstanding any other provision of
law, no court shall have jurisdiction to review the regulations adopted
to implement this section, and nothing in this section shall be
construed as providing any court jurisdiction to consider or review
claims raised under the Convention or this section, except as part of
the review of a final order of removal pursuant to section 242 of the
Immigration and Nationality Act (8 U.S.C. 1252).
SEC. 3033. ADDITIONAL REMOVAL AUTHORITIES.
(a) In General- Section 241(b) of the Immigration and Nationality Act (8 U.S.C. 1231(b)) is amended--
(A) in each of subparagraphs (A) and (B), by
striking the period at the end and inserting `unless, in the opinion of
the Secretary of Homeland Security, removing the alien to such country
would be prejudicial to the United States.'; and
(B) by amending subparagraph (C) to read as follows:
`(C) ALTERNATIVE COUNTRIES- If the alien is not
removed to a country designated in subparagraph (A) or (B), the
Secretary of Homeland Security shall remove the alien to--
`(i) the country of which the alien is a
citizen, subject, or national, where the alien was born, or where the
alien has a residence, unless the country physically prevents the alien
from entering the country upon the alien's removal there; or
`(ii) any country whose government will accept the alien into that country.'; and
(A) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security';
(B) by amending subparagraph (D) to read as follows:
`(D) ALTERNATIVE COUNTRIES- If the alien is not
removed to a country designated under subparagraph (A)(i), the
Secretary of Homeland Security shall remove the alien to a country of
which the alien is a subject, national, or citizen, or where the alien
has a residence, unless--
`(i) such country physically prevents the alien from entering the country upon the alien's removal there; or
`(ii) in the opinion of the Secretary of
Homeland Security, removing the alien to the country would be
prejudicial to the United States.'; and
(C) by amending subparagraph (E)(vii) to read as follows:
`(vii) Any country whose government will accept the alien into that country.'.
(b) Effective Date- The amendments made by subsection (a)
shall take effect on the date of the enactment of this Act and shall
apply to any deportation, exclusion, or removal on or after such date
pursuant to any deportation, exclusion, or removal order, regardless of
whether such order is administratively final before, on, or after such
date.
Subtitle B--Identity Management Security
CHAPTER 1--IMPROVED SECURITY FOR DRIVERS' LICENSES AND PERSONAL IDENTIFICATION CARDS
SEC. 3051. DEFINITIONS.
In this chapter, the following definitions apply:
(1) DRIVER'S LICENSE- The term `driver's license' means
a motor vehicle operator's license, as defined in section 30301 of
title 49, United States Code.
(2) IDENTIFICATION CARD- The term `identification card'
means a personal identification card, as defined in section 1028(d) of
title 18, United States Code, issued by a State.
(3) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.
(4) STATE- The term `State' means a State of the United
States, the District of Columbia, Puerto Rico, the Virgin Islands,
Guam, American Samoa, the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and any other territory or possession of the
United States.
SEC. 3052. MINIMUM DOCUMENT REQUIREMENTS AND ISSUANCE STANDARDS FOR FEDERAL RECOGNITION.
(a) Minimum Standards for Federal Use-
(1) IN GENERAL- Beginning 3 years after the date of
enactment of this Act, a Federal agency may not accept, for any
official purpose, a driver's license or identification card issued by a
State to any person unless the State is meeting the requirements of
this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine
whether a State is meeting the requirements of this section based on
certifications made by the State to the Secretary. Such certifications
shall be made at such times and in such manner as the Secretary, in
consultation with the Secretary of Transportation, may prescribe by
regulation.
(b) MINIMUM DOCUMENT REQUIREMENTS- To meet the requirements
of this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification
card issued to a person by the State:
(1) The person's full legal name.
(2) The person's date of birth.
(4) The person's driver license or identification card number.
(5) A photograph of the person.
(6) The person's address of principal residence.
(7) The person's signature.
(8) Physical security features designed to prevent
tampering, counterfeiting, or duplication of the document for
fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements.
(c) Minimum Issuance Standards-
(1) IN GENERAL- To meet the requirements of this
section, a State shall require, at a minimum, presentation and
verification of the following information before issuing a driver's
license or identification card to a person:
(A) A photo identity document, except that a
non-photo identity document is acceptable if it includes both the
person's full legal name and date of birth.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account
number or verification that the person is not eligible for a social
security account number.
(D) Documentation showing the person's name and address of principal residence.
(2) VERIFICATION OF DOCUMENTS- To meet the requirements of this section, a State shall implement the following procedures:
(A) Before issuing a driver's license or
identification card to a person, the State shall verify, with the
issuing agency, the issuance, validity, and completeness of each
document required to be presented by the person under paragraph (1).
(B) The State shall not accept any foreign
document, other than an official passport, to satisfy a requirement of
paragraph (1).
(d) OTHER REQUIREMENTS- To meet the requirements of this
section, a State shall adopt the following practices in the issuance of
drivers' licenses and identification cards:
(1) Employ technology to capture digital images of
identity source documents so that the images can be retained in
electronic storage in a transferable format.
(2) Retain paper copies of source documents for a
minimum of 7 years or images of source documents presented for a
minimum of 10 years.
(3) Subject each person applying for a driver's license or identification card to mandatory facial image capture.
(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a
social security account number presented by a person using the full
social security account number. In the event that a social security
account number is already registered to or associated with another
person to which any State has issued a driver's license or
identification card, the State shall resolve the discrepancy and take
appropriate action.
(6) Refuse to issue a driver's license or
identification card to a person holding a driver's license issued by
another State without confirmation that the person is terminating or
has terminated the driver's license.
(7) Ensure the physical security of locations where
drivers' licenses and identification cards are produced and the
security of document materials and papers from which drivers' licenses
and identification cards are produced.
(8) Subject all persons authorized to manufacture or
produce drivers' licenses and identification cards to appropriate
security clearance requirements.
(9) Establish fraudulent document recognition training
programs for appropriate employees engaged in the issuance of drivers'
licenses and identification cards.
SEC. 3053. LINKING OF DATABASES.
(a) In General- To be eligible to receive any grant or
other type of financial assistance made available under this subtitle,
a State shall participate in the interstate compact regarding sharing
of driver license data, known as the `Driver License Agreement', in
order to provide electronic access by a State to information contained
in the motor vehicle databases of all other States.
(b) Requirements for Information- A State motor vehicle database shall contain, at a minimum, the following information:
(1) All data fields printed on drivers' licenses and identification cards issued by the State.
(2) Motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on licenses.
SEC. 3054. TRAFFICKING IN AUTHENTICATION FEATURES FOR USE IN FALSE IDENTIFICATION DOCUMENTS.
Section 1028(a)(8) of title 18, United States Code, is
amended by striking `false authentication features' and inserting
`false or actual authentication features'.
SEC. 3055. GRANTS TO STATES.
(a) In General- The Secretary may make grants to a State to
assist the State in conforming to the minimum standards set forth in
this chapter.
(b) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out this chapter.
SEC. 3056. AUTHORITY.
(a) PARTICIPATION OF SECRETARY OF TRANSPORTATION AND
STATES- All authority to issue regulations, certify standards, and
issue grants under this chapter shall be carried out by the Secretary,
in consultation with the Secretary of Transportation and the States.
(b) EXTENSIONS OF DEADLINES- The Secretary may grant to a
State an extension of time to meet the requirements of section
3052(a)(1) if the State provides adequate justification for
noncompliance.
CHAPTER 2--IMPROVED SECURITY FOR BIRTH CERTIFICATES
SEC. 3061. DEFINITIONS.
(a) APPLICABILITY OF DEFINITIONS- Except as otherwise
specifically provided, the definitions contained in section 3051 apply
to this chapter.
(b) OTHER DEFINITIONS- In this chapter, the following definitions apply:
(1) BIRTH CERTIFICATE- The term `birth certificate' means a certificate of birth--
(A) for an individual (regardless of where born)--
(i) who is a citizen or national of the United States at birth; and
(ii) whose birth is registered in the United States; and
(i) is issued by a Federal, State, or local
government agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of record; or
(ii) is an authenticated copy, issued by a
Federal, State, or local government agency or authorized custodian of
record, of an original certificate of birth issued by such agency or
custodian of record.
(2) REGISTRANT- The term `registrant' means, with
respect to a birth certificate, the person whose birth is registered on
the certificate.
(3) STATE- The term `State' shall have the meaning
given such term in section 3051; except that New York City shall be
treated as a State separate from New York.
SEC. 3062. APPLICABILITY OF MINIMUM STANDARDS TO LOCAL GOVERNMENTS.
The minimum standards in this chapter applicable to birth
certificates issued by a State shall also apply to birth certificates
issued by a local government in the State. It shall be the
responsibility of the State to ensure that local governments in the
State comply with the minimum standards.
SEC. 3063. MINIMUM STANDARDS FOR FEDERAL RECOGNITION.
(a) MINIMUM STANDARDS FOR FEDERAL USE-
(1) IN GENERAL- Beginning 3 years after the date of
enactment of this Act, a Federal agency may not accept, for any
official purpose, a birth certificate issued by a State to any person
unless the State is meeting the requirements of this section.
(2) STATE CERTIFICATIONS- The Secretary shall determine
whether a State is meeting the requirements of this section based on
certifications made by the State to the Secretary. Such certifications
shall be made at such times and in such manner as the Secretary, in
consultation with the Secretary of Health and Human Services, may
prescribe by regulation.
(b) MINIMUM DOCUMENT STANDARDS- To meet the requirements of
this section, a State shall include, on each birth certificate issued
to a person by the State, the use of safety paper, the seal of the
issuing custodian of record, and such other features as the Secretary
may determine necessary to prevent tampering, counterfeiting, and
otherwise duplicating the birth certificate for fraudulent purposes.
The Secretary may not require a single design to which birth
certificates issued by all States must conform.
(c) MINIMUM ISSUANCE STANDARDS-
(1) IN GENERAL- To meet the requirements of this
section, a State shall require and verify the following information
from the requestor before issuing an authenticated copy of a birth
certificate:
(A) The name on the birth certificate.
(B) The date and location of the birth.
(C) The mother's maiden name.
(D) Substantial proof of the requestor's identity.
(2) ISSUANCE TO PERSONS NOT NAMED ON BIRTH CERTIFICATE-
To meet the requirements of this section, in the case of a request by a
person who is not named on the birth certificate, a State must require
the presentation of legal authorization to request the birth
certificate before issuance.
(3) ISSUANCE TO FAMILY MEMBERS- Not later than one year
after the date of enactment of this Act, the Secretary, in consultation
with the Secretary of Health and Human Services and the States, shall
establish minimum standards for issuance of a birth certificate to
specific family members, their authorized representatives, and others
who demonstrate that the certificate is needed for the protection of
the requestor's personal or property rights.
(4) WAIVERS- A State may waive the requirements set
forth in subparagraphs (A) through (C) of subsection (c)(1) in
exceptional circumstances, such as the incapacitation of the registrant.
(5) APPLICATIONS BY ELECTRONIC MEANS- To meet the
requirements of this section, for applications by electronic means,
through the mail or by phone or fax, a State shall employ third party
verification, or equivalent verification, of the identity of the
requestor.
(6) VERIFICATION OF DOCUMENTS- To meet the requirements
of this section, a State shall verify the documents used to provide
proof of identity of the requestor.
(d) OTHER REQUIREMENTS- To meet the requirements of this
section, a State shall adopt, at a minimum, the following practices in
the issuance and administration of birth certificates:
(1) Establish and implement minimum building security standards for State and local vital record offices.
(2) Restrict public access to birth certificates and
information gathered in the issuance process to ensure that access is
restricted to entities with which the State has a binding privacy
protection agreement.
(3) Subject all persons with access to vital records to appropriate security clearance requirements.
(4) Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance process.
(5) Establish and implement internal operating system standards for paper and for electronic systems.
(6) Establish a central database that can provide
interoperative data exchange with other States and with Federal
agencies, subject to privacy restrictions and confirmation of the
authority and identity of the requestor.
(7) Ensure that birth and death records are matched in
a comprehensive and timely manner, and that all electronic birth
records and paper birth certificates of decedents are marked `deceased'.
(8) Cooperate with the Secretary in the implementation of electronic verification of vital events under section 3065.
SEC. 3064. ESTABLISHMENT OF ELECTRONIC BIRTH AND DEATH REGISTRATION SYSTEMS.
In consultation with the Secretary of Health and Human
Services and the Commissioner of Social Security, the Secretary shall
take the following actions:
(1) Work with the States to establish a common data set
and common data exchange protocol for electronic birth registration
systems and death registration systems.
(2) Coordinate requirements for such systems to align with a national model.
(3) Ensure that fraud prevention is built into the
design of electronic vital registration systems in the collection of
vital event data, the issuance of birth certificates, and the exchange
of data among government agencies.
(4) Ensure that electronic systems for issuing birth
certificates, in the form of printed abstracts of birth records or
digitized images, employ a common format of the certified copy, so that
those requiring such documents can quickly confirm their validity.
(5) Establish uniform field requirements for State birth registries.
(6) Not later than 1 year after the date of enactment
of this Act, establish a process with the Department of Defense that
will result in the sharing of data, with the States and the Social
Security Administration, regarding deaths of United States military
personnel and the birth and death of their dependents.
(7) Not later than 1 year after the date of enactment
of this Act, establish a process with the Department of State to
improve registration, notification, and the sharing of data with the
States and the Social Security Administration, regarding births and
deaths of United States citizens abroad.
(8) Not later than 3 years after the date of
establishment of databases provided for under this section, require
States to record and retain electronic records of pertinent
identification information collected from requestors who are not the
registrants.
(9) Not later than 6 months after the date of enactment
of this Act, submit to Congress, a report on whether there is a need
for Federal laws to address penalties for fraud and misuse of vital
records and whether violations are sufficiently enforced.
SEC. 3065. ELECTRONIC VERIFICATION OF VITAL EVENTS.
(a) LEAD AGENCY- The Secretary shall lead the implementation of electronic verification of a person's birth and death.
(b) REGULATIONS- In carrying out subsection (a), the
Secretary shall issue regulations to establish a means by which
authorized Federal and State agency users with a single interface will
be able to generate an electronic query to any participating vital
records jurisdiction throughout the Nation to verify the contents of a
paper birth certificate. Pursuant to the regulations, an electronic
response from the participating vital records jurisdiction as to
whether there is a birth record in their database that matches the
paper birth certificate will be returned to the user, along with an
indication if the matching birth record has been flagged `deceased'.
The regulations shall take effect not later than 5 years after the date
of enactment of this Act.
SEC. 3066. GRANTS TO STATES.
(a) IN GENERAL- The Secretary may make grants to a State to
assist the State in conforming to the minimum standards set forth in
this chapter.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out this chapter.
SEC. 3067. AUTHORITY.
(a) PARTICIPATION WITH FEDERAL AGENCIES AND STATES- All
authority to issue regulations, certify standards, and issue grants
under this chapter shall be carried out by the Secretary, with the
concurrence of the Secretary of Health and Human Services and in
consultation with State vital statistics offices and appropriate
Federal agencies.
(b) EXTENSIONS OF DEADLINES- The Secretary may grant to a
State an extension of time to meet the requirements of section
3063(a)(1) if the State provides adequate justification for
noncompliance.
Chapter 3--Measures To Enhance Privacy and Integrity of Social Security Account Numbers
SEC. 3071. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) In General- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting `(I)' after `(vi)'; and
(2) by adding at the end the following new subclause:
`(II) Any State or political subdivision thereof (and any
person acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle registration
law within its jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any derivative
of such number) on any driver's license or motor vehicle registration
or any other document issued by such State or political subdivision to
an individual for purposes of identification of such individual or
include on any such licence, registration, or other document a magnetic
strip, bar code, or other means of communication which conveys such
number (or derivative thereof).'.
(b) Effective Date- The amendments made by this section
shall apply with respect to licenses, registrations, and other
documents issued or reissued after 1 year after the date of the
enactment of this Act.
SEC. 3072. INDEPENDENT VERIFICATION OF BIRTH RECORDS PROVIDED IN SUPPORT OF APPLICATIONS FOR SOCIAL SECURITY ACCOUNT NUMBERS.
(a) Applications for Social Security Account Numbers-
Section 205(c)(2)(B)(ii) of the Social Security Act (42 U.S.C.
405(c)(2)(B)(ii)) is amended--
(1) by inserting `(I)' after `(ii)'; and
(2) by adding at the end the following new subclause:
`(II) With respect to an application for a social security
account number for an individual, other than for purposes of
enumeration at birth, the Commissioner shall require independent
verification of any birth record provided by the applicant in support
of the application. The Commissioner may provide by regulation for
reasonable exceptions from the requirement for independent verification
under this subclause in any case in which the Commissioner determines
there is minimal opportunity for fraud.'.
(b) Effective Date- The amendment made by subsection (a)
shall apply with respect to applications filed after 270 days after the
date of the enactment of this Act.
(c) Study Regarding Applications for Replacement Social Security Cards-
(1) IN GENERAL- As soon as practicable after the date
of the enactment of this Act, the Commissioner of Social Security shall
undertake a study to test the feasibility and cost effectiveness of
verifying all identification documents submitted by an applicant for a
replacement social security card. As part of such study, the
Commissioner shall determine the feasibility of, and the costs
associated with, the development of appropriate electronic processes
for third party verification of any such identification documents which
are issued by agencies and instrumentalities of the Federal Government
and of the States (and political subdivisions thereof).
(2) REPORT- Not later than 2 years after the date of
the enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate regarding the results of the study
undertaken under paragraph (1). Such report shall contain such
recommendations for legislative changes as the Commissioner considers
necessary to implement needed improvements in the process for verifying
identification documents submitted by applicants for replacement social
security cards.
SEC. 3073. ENUMERATION AT BIRTH.
(a) Improvement of Application Process-
(1) IN GENERAL- As soon as practicable after the date
of the enactment of this Act, the Commissioner of Social Security shall
undertake to make improvements to the enumeration at birth program for
the issuance of social security account numbers to newborns. Such
improvements shall be designed to prevent--
(A) the assignment of social security account numbers to unnamed children;
(B) the issuance of more than 1 social security account number to the same child; and
(C) other opportunities for fraudulently obtaining a social security account number.
(2) REPORT TO THE CONGRESS- Not later than 1 year after
the date of the enactment of this Act, the Commissioner shall transmit
to each House of the Congress a report specifying in detail the extent
to which the improvements required under paragraph (1) have been made.
(b) Study Regarding Process for Enumeration at Birth-
(1) IN GENERAL- As soon as practicable after the date
of the enactment of this Act, the Commissioner of Social Security shall
undertake a study to determine the most efficient options for ensuring
the integrity of the process for enumeration at birth. Such study shall
include an examination of available methods for reconciling hospital
birth records with birth registrations submitted to agencies of States
and political subdivisions thereof and with information provided to the
Commissioner as part of the process for enumeration at birth.
(2) REPORT- Not later than 18 months after the date of
the enactment of this Act, the Commissioner shall report to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate regarding the results of the study
undertaken under paragraph (1). Such report shall contain such
recommendations for legislative changes as the Commissioner considers
necessary to implement needed improvements in the process for
enumeration at birth.
SEC. 3074. STUDY RELATING TO USE OF PHOTOGRAPHIC
IDENTIFICATION IN CONNECTION WITH APPLICATIONS FOR BENEFITS, SOCIAL
SECURITY ACCOUNT NUMBERS, AND SOCIAL SECURITY CARDS.
(a) In General- As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security shall
undertake a study to--
(1) determine the best method of requiring and
obtaining photographic identification of applicants for old-age,
survivors, and disability insurance benefits under title II of the
Social Security Act, for a social security account number, or for a
replacement social security card, and of providing for reasonable
exceptions to any requirement for photographic identification of such
applicants that may be necessary to promote efficient and effective
administration of such title, and
(2) evaluate the benefits and costs of instituting such
a requirement for photographic identification, including the degree to
which the security and integrity of the old-age, survivors, and
disability insurance program would be enhanced.
(b) Report- Not later than 18 months after the date of the
enactment of this Act, the Commissioner shall report to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study undertaken
under subsection (a). Such report shall contain such recommendations
for legislative changes as the Commissioner considers necessary
relating to requirements for photographic identification of applicants
described in subsection (a).
SEC. 3075. RESTRICTIONS ON ISSUANCE OF MULTIPLE REPLACEMENT SOCIAL SECURITY CARDS.
(a) In General- Section 205(c)(2)(G) of the Social Security
Act (42 U.S.C. 405(c)(2)(G)) is amended by adding at the end the
following new sentence: `The Commissioner shall restrict the issuance
of multiple replacement social security cards to any individual to 3
per year and to 10 for the life of the individual, except in any case
in which the Commissioner determines there is minimal opportunity for
fraud.'.
(b) Regulations and Effective Date- The Commissioner of
Social Security shall issue regulations under the amendment made by
subsection (a) not later than 1 year after the date of the enactment of
this Act. Systems controls developed by the Commissioner pursuant to
such amendment shall take effect upon the earlier of the issuance of
such regulations or the end of such 1-year period.
SEC. 3076. STUDY RELATING TO MODIFICATION OF THE SOCIAL SECURITY ACCOUNT NUMBERING SYSTEM TO SHOW WORK AUTHORIZATION STATUS.
(a) In General- As soon as practicable after the date of
the enactment of this Act, the Commissioner of Social Security, in
consultation with the Secretary of Homeland Security, shall undertake a
study to examine the best method of modifying the social security
account number assigned to individuals who--
(1) are not citizens of the United States,
(2) have not been admitted for permanent residence, and
(3) are not authorized by the Secretary of Homeland
Security to work in the United States, or are so authorized subject to
one or more restrictions,
so as to include an indication of such lack of authorization to work or such restrictions on such an authorization.
(b) Report- Not later than 1 year after the date of the
enactment of this Act, the Commissioner shall report to the Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate regarding the results of the study undertaken
under this section. Such report shall include the Commissioner's
recommendations of feasible options for modifying the social security
account number in the manner described in subsection (a).
Subtitle C--Targeting Terrorist Travel
SEC. 3081. STUDIES ON MACHINE-READABLE PASSPORTS AND TRAVEL HISTORY DATABASE.
(a) In General- Not later than May 31, 2005, the
Comptroller General of the United States, the Secretary of State, and
the Secretary of Homeland Security each shall submit to the Committees
on the Judiciary of the House of Representatives and of the Senate, the
Committee on International Relations of the House of Representatives,
and the Committee on Foreign Relations of the Senate the results of a
separate study on the subjects described in subsection (c).
(b) Study- The study submitted by the Secretary of State
under subsection (a) shall be completed by the Office of Visa and
Passport Control of the Department of State, in coordination with the
appropriate officials of the Department of Homeland Security.
(c) Contents- The studies described in subsection (a) shall
examine the feasibility, cost, potential benefits, and relative
importance to the objectives of tracking suspected terrorists' travel,
and apprehending suspected terrorists, of each of the following:
(1) Requiring nationals of all countries to present
machine-readable, tamper-resistant passports that incorporate biometric
and document authentication identifiers.
(2) Creation of a database containing information on
the lifetime travel history of each foreign national or United States
citizen who might seek to enter the United States or another country at
any time, in order that border and visa issuance officials may
ascertain the travel history of a prospective entrant by means other
than a passport.
(d) Incentives- The studies described in subsection (a)
shall also make recommendations on incentives that might be offered to
encourage foreign nations to participate in the initiatives described
in paragraphs (1) and (2) of subsection (c).
SEC. 3082. EXPANDED PREINSPECTION AT FOREIGN AIRPORTS.
(a) In General- Section 235A(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1225(a)(4)) is amended--
(1) by striking `October 31, 2000,' and inserting `January 1, 2008,';
(2) by striking `5 additional' and inserting `up to 25 additional';
(3) by striking `number of aliens' and inserting
`number of inadmissible aliens, especially aliens who are potential
terrorists,';
(4) by striking `who are inadmissible to the United States.' and inserting a period; and
(5) by striking `Attorney General' each place such term appears and inserting `Secretary of Homeland Security'.
(b) Report- Not later than June 30, 2006, the Secretary of
Homeland Security and the Secretary of State shall report to the
Committees on the Judiciary of the House of Representatives and of the
Senate, the Committee on International Relations of the House of
Representatives, and the Committee on Foreign Relations of the Senate
on the progress being made in implementing the amendments made by
subsection (a).
(c) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary of Homeland Security to carry out
the amendments made by subsection (a)--
(1) $24,000,000 for fiscal year 2005;
(2) $48,000,000 for fiscal year 2006; and
(3) $97,000,000 for fiscal year 2007.
SEC. 3083. IMMIGRATION SECURITY INITIATIVE.
(a) In General- Section 235A(b) of the Immigration and Nationality Act (8 U.S.C. 1225(b)) is amended--
(1) in the subsection heading, by inserting `and Immigration Security Initiative' after `Program'; and
(2) by adding at the end the following:
`Beginning not later than December 31, 2006, the number of
airports selected for an assignment under this subsection shall be at
least 50.'.
(b) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary of Homeland Security to carry out
the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 3084. RESPONSIBILITIES AND FUNCTIONS OF CONSULAR OFFICERS.
(a) Increased Number of Consular Officers- The Secretary of
State, in each of fiscal years 2006 through 2009, may increase by 150
the number of positions for consular officers above the number of such
positions for which funds were allotted for the preceding fiscal year.
(b) Limitation on Use of Foreign Nationals for Nonimmigrant
Visa Screening- Section 222(d) of the Immigration and Nationality Act
(8 U.S.C. 1202(d)) is amended by adding at the end the following:
`All nonimmigrant visa applications shall be reviewed and adjudicated by a consular officer.'.
(c) Training for Consular Officers in Detection of
Fraudulent Documents- Section 305(a) of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by
adding at the end the following: `As part of the consular training
provided to such officers by the Secretary of State, such officers
shall also receive training in detecting fraudulent documents and
general document forensics and shall be required as part of such
training to work with immigration officers conducting inspections of
applicants for admission into the United States at ports of entry.'.
(d) Assignment of Anti-Fraud Specialists-
(1) SURVEY REGARDING DOCUMENT FRAUD- The Secretary of
State, in coordination with the Secretary of Homeland Security, shall
conduct a survey of each diplomatic and consular post at which visas
are issued to assess the extent to which fraudulent documents are
presented by visa applicants to consular officers at such posts.
(2) PLACEMENT OF SPECIALIST- Not later than July 31,
2005, the Secretary shall, in coordination with the Secretary of
Homeland Security, identify 100 of such posts that experience the
greatest frequency of presentation of fraudulent documents by visa
applicants. The Secretary shall place in each such post at least one
full-time anti-fraud specialist employed by the Department of State to
assist the consular officers at each such post in the detection of such
fraud.
SEC. 3085. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028 of title 18, United States Code, relating to
penalties for fraud and related activity in connection with
identification documents and information, is amended--
(1) in subsection (b)(1)(A)(i), by striking `issued by
or under the authority of the United States' and inserting the
following: `as described in subsection (d)';
(2) in subsection (b)(2), by striking `three years' and inserting `six years';
(3) in subsection (b)(3), by striking `20 years' and inserting `25 years';
(4) in subsection (b)(4), by striking `25 years' and inserting `30 years'; and
(5) in subsection (c)(1), by inserting after `United
States' the following: `Government, a State, political subdivision of a
State, a foreign government, political subdivision of a foreign
government, an international governmental or an international
quasi-governmental organization,'.
SEC. 3086. CRIMINAL PENALTY FOR FALSE CLAIM TO CITIZENSHIP.
Section 1015 of title 18, United States Code, is amended--
(1) by striking the dash at the end of subsection (f) and inserting `; or'; and
(2) by inserting after subsection (f) the following:
`(g) Whoever knowingly makes any false statement or claim
that he is a citizen of the United States in order to enter into, or
remain in, the United States--'.
SEC. 3087. ANTITERRORISM ASSISTANCE TRAINING OF THE DEPARTMENT OF STATE.
(a) Limitation- Notwithstanding any other provision of law,
the Secretary of State shall ensure, subject to subsection (b), that
the Antiterrorism Assistance Training (ATA) program of the Department
of State (or any successor or related program) under chapter 8 of part
II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et seq.) (or
other relevant provisions of law) is carried out primarily to provide
training to host nation security services for the specific purpose of
ensuring the physical security and safety of United States Government
facilities and personnel abroad (as well as foreign dignitaries and
training related to the protection of such dignitaries), including
security detail training and offenses related to passport or visa fraud.
(b) Exception- The limitation contained in subsection (a)
shall not apply, and the Secretary of State may expand the ATA program
to include other types of antiterrorism assistance training, if the
Secretary first consults with the Attorney General and provides written
notification of such proposed expansion to the appropriate
congressional committees.
(c) Definition- In this section, the term `appropriate congressional committees' means--
(1) the Committee on International Relations and the Committee on the Judiciary of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate.
SEC. 3088. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
(a) Findings- Congress finds the following:
(1) International terrorists travel across
international borders to raise funds, recruit members, train for
operations, escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and
carried out the attack on the World Trade Center on February 26, 1993,
the attack on the embassies of the United States in Kenya and Tanzania
on August 7, 1998, the attack on the USS Cole on October 12, 2000, and
the attack on the World Trade Center and the Pentagon on September 11,
2001, traveled across international borders to plan and carry out these
attacks.
(3) The international terrorists who planned other
attacks on the United States, including the plot to bomb New York City
landmarks in 1993, the plot to bomb the New York City subway in 1997,
and the millennium plot to bomb Los Angeles International Airport on
December 31, 1999, traveled across international borders to plan and
carry out these attacks.
(4) Many of the international terrorists who planned
and carried out large-scale attacks against foreign targets, including
the attack in Bali, Indonesia, on October 11, 2002, and the attack in
Madrid, Spain, on March 11, 2004, traveled across international borders
to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World Trade Center on
February 26, 1993, the plot to bomb New York City landmarks in 1993,
and the millennium plot to bomb Los Angeles International Airport on
December 31, 1999, traveled on fraudulent passports and often had more
than one passport.
(6) Two of the September 11, 2001, hijackers were
carrying passports that had been manipulated in a fraudulent manner and
several other hijackers whose passports did not survive the attacks on
the World Trade Center and Pentagon were likely to have carried
passports that were similarly manipulated.
(7) The National Commission on Terrorist Attacks upon
the United States, (commonly referred to as the 9/11 Commission),
stated that `Targeting travel is at least as powerful a weapon against
terrorists as targeting their money.'.
(b) International Agreements to Track and Curtail Terrorist Travel-
(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR
FALSIFIED DOCUMENTS- The President shall lead efforts to track and
curtail the travel of terrorists by supporting the drafting, adoption,
and implementation of international agreements, and by supporting the
expansion of existing international agreements, to track and stop
international travel by terrorists and other criminals through the use
of lost, stolen, or falsified documents to augment existing United
Nations and other international anti-terrorism efforts.
(2) CONTENTS OF INTERNATIONAL AGREEMENT- The President
shall seek, in the appropriate fora, the drafting, adoption, and
implementation of an effective international agreement requiring--
(A) the establishment of a system to share
information on lost, stolen, and fraudulent passports and other travel
documents for the purposes of preventing the undetected travel of
persons using such passports and other travel documents that were
obtained improperly;
(B) the establishment and implementation of a
real-time verification system of passports and other travel documents
with issuing authorities;
(C) the assumption of an obligation by countries
that are parties to the agreement to share with officials at ports of
entry in any such country information relating to lost, stolen, and
fraudulent passports and other travel documents;
(D) the assumption of an obligation by countries that are parties to the agreement--
(I) the falsification or counterfeiting of travel documents or breeder documents for any purpose;
(II) the use or attempted use of false documents to obtain a visa or cross a border for any purpose;
(III) the possession of tools or implements used to falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist; and
(VI) attempts to commit, including conspiracies to commit, the crimes specified above;
(ii) to impose significant penalties so as to appropriately punish violations and effectively deter these crimes; and
(iii) to limit the issuance of citizenship
papers, passports, identification documents, and the like to persons
whose identity is proven to the issuing authority, who have a bona fide
entitlement to or need for such documents, and who are not issued such
documents principally on account of a disproportional payment made by
them or on their behalf to the issuing authority;
(E) the provision of technical assistance to State Parties to help them meet their obligations under the convention;
(F) the establishment and implementation of a
system of self-assessments and peer reviews to examine the degree of
compliance with the convention; and
(G) an agreement that would permit immigration and
border officials to confiscate a lost, stolen, or falsified passport at
ports of entry and permit the traveler to return to the sending country
without being in possession of the lost, stolen, or falsified passport,
and for the detention and investigation of such traveler upon the
return of the traveler to the sending country.
(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION- The
United States shall lead efforts to track and curtail the travel of
terrorists by supporting efforts at the International Civil Aviation
Organization to continue to strengthen the security features of
passports and other travel documents.
(1) IN GENERAL- Not later than one year after the date
of the enactment of this Act, and at least annually thereafter, the
President shall submit to the appropriate congressional committees a
report on progress toward achieving the goals described in subsection
(b).
(2) TERMINATION- Paragraph (1) shall cease to be
effective when the President certifies to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the goals described
in subsection (b) have been fully achieved.
SEC. 3089. INTERNATIONAL STANDARDS FOR TRANSLATION OF NAMES
INTO THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND
NAME-BASED WATCHLIST SYSTEMS.
(a) Findings- Congress finds that--
(1) the current lack of a single convention for
translating Arabic names enabled some of the 19 hijackers of aircraft
used in the terrorist attacks against the United States that occurred
on September 11, 2001, to vary the spelling of their names to defeat
name-based terrorist watchlist systems and to make more difficult any
potential efforts to locate them; and
(2) although the development and utilization of
terrorist watchlist systems using biometric identifiers will be
helpful, the full development and utilization of such systems will take
several years, and name-based terrorist watchlist systems will always
be useful.
(b) Sense of Congress- It is the sense of Congress that the
President should seek to enter into an international agreement to
modernize and improve standards for the translation of names into the
Roman alphabet in order to ensure one common spelling for such names
for international travel documents and name-based watchlist systems.
SEC. 3090. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) Findings- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that completing a biometric entry and exit data system as expeditiously
as possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
(1) DEVELOPMENT OF PLAN- The Secretary of Homeland
Security shall develop a plan to accelerate the full implementation of
an automated biometric entry and exit data system required by
applicable sections of--
(A) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208);
(B) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-205);
(C) the Visa Waiver Permanent Program Act (Public Law 106-396);
(D) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173); and
(E) the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (Public Law 107-56).
(2) REPORT- Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a report to
Congress on the plan developed under paragraph (1), which shall
contain--
(A) a description of the current functionality of the entry and exit data system, including--
(i) a listing of ports of entry with biometric
entry data systems in use and whether such screening systems are
located at primary or secondary inspection areas;
(ii) a listing of ports of entry with biometric exit data systems in use;
(iii) a listing of databases and data systems with which the automated entry and exit data system are interoperable;
(I) identified deficiencies concerning the
accuracy or integrity of the information contained in the entry and
exit data system;
(II) identified deficiencies concerning technology associated with processing individuals through the system; and
(III) programs or policies planned or implemented to correct problems identified in subclause (I) or (II); and
(v) an assessment of the effectiveness of the
entry and exit data system in fulfilling its intended purposes,
including preventing terrorists from entering the United States;
(B) a description of factors relevant to the accelerated implementation of the biometric entry and exit system, including--
(i) the earliest date on which the Secretary
estimates that full implementation of the biometric entry and exit data
system can be completed;
(ii) the actions the Secretary will take to
accelerate the full implementation of the biometric entry and exit data
system at all ports of entry through which all aliens must pass that
are legally required to do so; and
(iii) the resources and authorities required to enable the Secretary to meet the implementation date described in clause (i);
(C) a description of any improvements needed in the information technology employed for the entry and exit data system; and
(D) a description of plans for improved or added interoperability with any other databases or data systems.
(c) Integration Requirement- Not later than 2 years after
the date of the enactment of this Act, the Secretary shall integrate
the biometric entry and exit data system with all databases and data
systems maintained by the United States Citizenship and Immigration
Services that process or contain information on aliens.
(d) Maintaining Accuracy and Integrity of Entry and Exit Data System-
(1) IN GENERAL- The Secretary, in consultation with
other appropriate agencies, shall establish rules, guidelines,
policies, and operating and auditing procedures for collecting,
removing, and updating data maintained in, and adding information to,
the entry and exit data system, and databases and data systems linked
to the entry and exit data system, that ensure the accuracy and
integrity of the data.
(2) REQUIREMENTS- The rules, guidelines, policies, and procedures established under paragraph (1) shall--
(A) incorporate a simple and timely method for--
(i) correcting errors; and
(ii) clarifying information known to cause false hits or misidentification errors; and
(B) include procedures for individuals to seek corrections of data contained in the data systems.
(e) Expediting Registered Travelers Across International Borders-
(1) FINDINGS- Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress finds that--
(A) expediting the travel of previously screened
and known travelers across the borders of the United States should be a
high priority; and
(B) the process of expediting known travelers
across the border can permit inspectors to better focus on identifying
terrorists attempting to enter the United States.
(2) DEFINITION- The term `registered traveler program'
means any program designed to expedite the travel of previously
screened and known travelers across the borders of the United States.
(3) REGISTERED TRAVEL PLAN-
(A) IN GENERAL- As soon as is practicable, the
Secretary shall develop and implement a plan to expedite the processing
of registered travelers who enter and exit the United States through a
single registered traveler program.
(B) INTEGRATION- The registered traveler program
developed under this paragraph shall be integrated into the automated
biometric entry and exit data system described in this section.
(C) REVIEW AND EVALUATION- In developing the program under this paragraph, the Secretary shall--
(i) review existing programs or pilot projects
designed to expedite the travel of registered travelers across the
borders of the United States;
(ii) evaluate the effectiveness of the programs
described in clause (i), the costs associated with such programs, and
the costs to travelers to join such programs; and
(iii) increase research and development efforts
to accelerate the development and implementation of a single registered
traveler program.
(4) REPORT- Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report describing the Department's progress on the development and
implementation of the plan required by this subsection.
(f) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary, for each of the fiscal years 2005
through 2009, such sums as may be necessary to carry out the provisions
of this section.
SEC. 3091. ENHANCED RESPONSIBILITIES OF THE COORDINATOR FOR COUNTERTERRORISM.
(a) DECLARATION OF UNITED STATES POLICY- Congress declares that it shall be the policy of the United States to--
(1) make combating terrorist travel and those who assist them a priority for the United States counterterrorism policy; and
(2) ensure that the information relating to individuals
who help facilitate terrorist travel by creating false passports,
visas, documents used to obtain such travel documents, and other
documents are fully shared within the United States Government and, to
the extent possible, with and from foreign governments, in order to
initiate United States and foreign prosecutions of such individuals.
(b) AMENDMENT- Section 1(e)(2) of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)) is amended by
adding at the end the following:
`(C) ADDITIONAL DUTIES RELATING TO TERRORIST
TRAVEL- In addition to the principal duties of the Coordinator
described in subparagraph (B), the Coordinator shall analyze methods
used by terrorists to travel internationally, develop policies with
respect to curtailing terrorist travel, and coordinate such policies
with the appropriate bureaus and other entities of the Department of
State, other United States Government agencies, the Human Trafficking
and Smuggling Center, and foreign governments.'.
SEC. 3092. ESTABLISHMENT OF OFFICE OF VISA AND PASSPORT SECURITY IN THE DEPARTMENT OF STATE.
(a) Establishment- There is established within the Bureau
of Diplomatic Security of the Department of State an Office of Visa and
Passport Security (in this section referred to as the `Office').
(1) IN GENERAL- Notwithstanding any other provision of
law, the head of the Office shall be an individual who shall have the
rank and status of Deputy Assistant Secretary of State for Diplomatic
Security (in this section referred to as the `Deputy Assistant
Secretary').
(2) RECRUITMENT- The Under Secretary of State for
Management shall chose the Deputy Assistant Secretary from among
individuals who are Diplomatic Security Agents.
(3) QUALIFICATIONS- The Diplomatic Security Agent
chosen to serve as the Deputy Assistant Secretary shall have expertise
and experience in investigating and prosecuting visa and passport fraud.
(1) PREPARATION OF STRATEGIC PLAN-
(A) IN GENERAL- The Deputy Assistant Secretary, in
coordination with the appropriate officials of the Department of
Homeland Security, shall ensure the preparation of a strategic plan to
target and disrupt individuals and organizations at home and in foreign
countries that are involved in the fraudulent production, distribution,
use, or other similar activity--
(i) of a United States visa or United States passport;
(ii) of documents intended to help fraudulently
procure a United States visa or United States passport, or other
documents intended to gain unlawful entry into the United States; or
(iii) of passports and visas issued by foreign countries intended to gain unlawful entry into the United States.
(B) EMPHASIS- Such plan shall--
(i) focus particular emphasis on individuals
and organizations that may have links to domestic terrorist
organizations or foreign terrorist organizations (as such term is
defined in Section 219 of the Immigration and Nationality Act (8 U.S.C.
1189));
(ii) require the development of a strategic
training course under the Antiterrorism Assistance Training (ATA)
program of the Department of State (or any successor or related
program) under chapter 8 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2349aa et seq.) (or other relevant provisions of law)
to train participants in the identification of fraudulent documents and
the forensic detection of such documents which may be used to obtain
unlawful entry into the United States; and
(iii) determine the benefits and costs of
providing technical assistance to foreign governments to ensure the
security of passports, visas, and related documents and to investigate,
arrest, and prosecute individuals who facilitate travel by the creation
of false passports and visas, documents to obtain such passports and
visas, and other types of travel documents.
(2) DUTIES OF OFFICE- The Office shall have the following duties:
(A) ANALYSIS OF METHODS- Analyze methods used by
terrorists to travel internationally, particularly the use of false or
altered travel documents to illegally enter foreign countries and the
United States, and advise the Bureau of Consular Affairs on changes to
the visa issuance process that could combat such methods, including the
introduction of new technologies into such process.
(B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS-
Identify, in cooperation with the Human Trafficking and Smuggling
Center, individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports and visas,
and other types of travel documents, and ensure that the appropriate
agency is notified for further investigation and prosecution or, in the
case of such individuals abroad for which no further investigation or
prosecution is initiated, ensure that all appropriate information is
shared with foreign governments in order to facilitate investigation,
arrest, and prosecution of such individuals.
(C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING
ASSISTANCE- Identify foreign countries that need technical assistance,
such as law reform, administrative reform, prosecutorial training, or
assistance to police and other investigative services, to ensure
passport, visa, and related document security and to investigate,
arrest, and prosecute individuals who facilitate travel by the creation
of false passports and visas, documents used to obtain such passports
and visas, and other types of travel documents.
(D) INSPECTION OF APPLICATIONS- Randomly inspect
visa and passport applications for accuracy, efficiency, and fraud,
especially at high terrorist threat posts, in order to prevent a
recurrence of the issuance of visas to those who submit incomplete,
fraudulent, or otherwise irregular or incomplete applications.
(3) REPORT- Not later than 90 days after the date of
the enactment of this Act, the Deputy Assistant Secretary shall submit
to Congress a report containing--
(A) a description of the strategic plan prepared under paragraph (1); and
(B) an evaluation of the feasibility of
establishing civil service positions in field offices of the Bureau of
Diplomatic Security to investigate visa and passport fraud, including
an evaluation of whether to allow diplomatic security agents to convert
to civil service officers to fill such positions.
Subtitle D--Terrorist Travel
SEC. 3101. INFORMATION SHARING AND COORDINATION.
The Secretary of Homeland Security shall establish a mechanism to--
(1) ensure the coordination and dissemination of
terrorist travel intelligence and operational information among the
appropriate agencies within the Department of Homeland Security,
including the Bureau of Customs and Border Protection, the Bureau of
Immigration and Customs Enforcement, the Bureau of Citizenship and
Immigration Services, the Transportation Security Administration, the
Coast Guard, and other agencies as directed by the Secretary; and
(2) ensure the sharing of terrorist travel intelligence
and operational information with the Department of State, the National
Counterterrorism Center, and other appropriate Federal agencies.
SEC. 3102. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security shall establish a program to--
(1) analyze and utilize information and intelligence regarding terrorist travel tactics, patterns, trends, and practices; and
(2) disseminate that information to all front-line
Department of Homeland Security personnel who are at ports of entry or
between ports of entry, to immigration benefits offices, and, in
coordination with the Secretary of State, to appropriate individuals at
United States embassies and consulates.
SEC. 3103. TRAINING PROGRAM.
(a) Review, Evaluation, and Revision of Existing Training Programs- The Secretary of Homeland Security shall--
(1) review and evaluate the training currently provided
to Department of Homeland Security personnel and, in consultation with
the Secretary of State, relevant Department of State personnel with
respect to travel and identity documents, and techniques, patterns, and
trends associated with terrorist travel; and
(2) develop and implement a revised training program
for border, immigration, and consular officials in order to teach such
officials how to effectively detect, intercept, and disrupt terrorist
travel.
(b) Required Topics of Revised Programs- The training
program developed under subsection (a)(2) shall include training in the
following areas:
(1) Methods for identifying fraudulent and genuine travel documents.
(2) Methods for detecting terrorist indicators on travel documents and other relevant identity documents.
(3) Recognizing travel patterns, tactics, and behaviors exhibited by terrorists.
(4) Effectively utilizing information contained in
databases and data systems available to the Department of Homeland
Security.
(5) Other topics determined to be appropriate by the
Secretary of Homeland Security in consultation with the Secretary of
State or the National Intelligence Director.
SEC. 3104. TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN.
(a) Plan Required- Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of State, shall submit to the Congress
a plan to ensure that the Department of Homeland Security and the
Department of State acquire and deploy, to all consulates, ports of
entry, and immigration benefits offices, technologies that facilitate
document authentication and the detection of potential terrorist
indicators on travel documents.
(b) Interoperability Requirement- To the extent possible,
technologies to be acquired and deployed under the plan shall be
compatible with current systems used by the Department of Homeland
Security to detect and identify fraudulent documents and genuine
documents.
(c) Passport Screening- The plan shall address the
feasibility of using such technologies to screen passports submitted
for identification purposes to a United States consular, border, or
immigration official.
Subtitle E--Maritime Security Requirements
SEC. 3111. DEADLINES FOR IMPLEMENTATION OF MARITIME SECURITY REQUIREMENTS.
(a) National Maritime Transportation Security Plan- Section
70103(a) of the 46, United States Code, is amended by striking `The
Secretary' and inserting `Not later than December 31, 2004, the
Secretary'.
(b) Facility and Vessel Vulnerability Assessments- Section
70102(b)(1) of the 46, United States Code, is amended by striking `,
the Secretary' and inserting `and by not later than December 31, 2004,
the Secretary'.
(c) Transportation Security Card Regulations- Section
70105(a) of the 46, United States Code, is amended by striking `The
Secretary' and inserting `Not later than December 31, 2004, the
Secretary'.
TITLE IV--INTERNATIONAL COOPERATION AND COORDINATION
Subtitle A--Attack Terrorists and Their Organizations
CHAPTER 1--PROVISIONS RELATING TO TERRORIST SANCTUARIES
SEC. 4001. UNITED STATES POLICY ON TERRORIST SANCTUARIES.
It is the sense of Congress that it should be the policy of the United States--
(1) to identify and prioritize foreign countries that are or that could be used as terrorist sanctuaries;
(2) to assess current United States resources being provided to such foreign countries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as sanctuaries; and
(4) to work in bilateral and multilateral fora to prevent foreign countries from being used as terrorist sanctuaries.
SEC. 4002. REPORTS ON TERRORIST SANCTUARIES.
(1) IN GENERAL- Not later than 90 days after the date
of the enactment of this Act, the President shall transmit to Congress
a report that describes a strategy for addressing and, where possible,
eliminating terrorist sanctuaries.
(2) CONTENT- The report required under this subsection shall include the following:
(A) A list that prioritizes each actual and
potential terrorist sanctuary and a description of activities in the
actual and potential sanctuaries.
(B) An outline of strategies for preventing the use of, disrupting, or ending the use of such sanctuaries.
(C) A detailed description of efforts, including an
assessment of successes and setbacks, by the United States to work with
other countries in bilateral and multilateral fora to address or
eliminate each actual or potential terrorist sanctuary and disrupt or
eliminate the security provided to terrorists by each such sanctuary.
(D) A description of long-term goals and actions
designed to reduce the conditions that allow the formation of terrorist
sanctuaries.
(1) REQUIREMENT OF REPORTS- Section 140(a)(1) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f(a)(1)) is amended--
(A) by striking `(1)' and inserting `(1)(A)';
(B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by adding `and' at the end; and
(D) by adding at the end the following:
`(B) detailed assessments with respect to each foreign
country whose territory is being used or could potentially be used as a
sanctuary for terrorists or terrorist organizations;'.
(2) PROVISIONS TO BE INCLUDED IN REPORT- Section 140(b) of such Act (22 U.S.C. 2656f(b)) is amended--
(i) in the matter preceding subparagraph (A), by striking `subsection (a)(1)' and inserting `subsection (a)(1)(A)'; and
(ii) by striking `and' at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) with respect to subsection (a)(1)(B)--
`(A) the extent of knowledge by the government of
the country with respect to terrorist activities in the territory of
the country; and
`(B) the actions by the country--
`(i) to eliminate each terrorist sanctuary in the territory of the country;
`(ii) to cooperate with United States antiterrorism efforts; and
`(iii) to prevent the proliferation of and
trafficking in weapons of mass destruction in and through the territory
of the country;';
(D) by striking the period at the end of paragraph (3) (as redesignated) and inserting a semicolon; and
(E) by inserting after paragraph (3) (as redesignated) the following:
`(4) a strategy for addressing and, where possible, eliminating terrorist sanctuaries that shall include--
`(A) a description of actual and potential
terrorist sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
`(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;
`(C) a description of efforts by the United States
to work with other countries in bilateral and multilateral fora to
address or eliminate actual or potential terrorist sanctuaries and
disrupt or eliminate the security provided to terrorists by such
sanctuaries; and
`(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formation of terrorist
sanctuaries;
`(5) an update of the information contained in the
report required to be transmitted to Congress pursuant to section
4002(a)(2) of the 9/11 Recommendations Implementation Act;
`(6) to the extent practicable, complete statistical
information on the number of individuals, including United States
citizens and dual nationals, killed, injured, or kidnapped by each
terrorist group during the preceding calendar year; and
`(7) an analysis, as appropriate, relating to trends in
international terrorism, including changes in technology used, methods
and targets of attacks, demographic information on terrorists, and
other appropriate information.'.
(3) DEFINITIONS- Section 140(d) of such Act (22 U.S.C. 2656f(d)) is amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
`(4) the term `territory' and `territory of the country' means the land, waters, and airspace of the country; and
`(5) the term `terrorist sanctuary' or `sanctuary'
means an area in the territory of a country that is used by a terrorist
group with the express or implied consent of the government of the
country--
`(A) to carry out terrorist activities, including training, fundraising, financing, recruitment, and education activities; or
`(B) to provide transit through the country.'.
(4) EFFECTIVE DATE- The amendments made by paragraphs
(1), (2), and (3) apply with respect to the report required to be
transmitted under section 140 of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989, by April 30, 2006, and by April 30 of
each subsequent year.
SEC. 4003. AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST SANCTUARIES.
(a) AMENDMENTS- Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended--
(A) by redesignating subparagraph (B) as subparagraph (C); and
(B) by inserting after subparagraph (A) the following:
`(B) Any part of the territory of the country is being used as a sanctuary for terrorists or terrorist organizations.';
(2) in paragraph (3), by striking `paragraph (1)(A)' and inserting `subparagraph (A) or (B) of paragraph (1)';
(3) by redesignating paragraph (5) as paragraph (6);
(4) by inserting after paragraph (4) the following:
`(5) A determination made by the Secretary of State under
paragraph (1)(B) may not be rescinded unless the President submits to
the Speaker of the House of Representatives and the chairman of the
Committee on Banking, Housing, and Urban Affairs and the chairman of
the Committee on Foreign Relations of the Senate before the proposed
rescission would take effect a report certifying that the government of
the country concerned --
`(A) is taking concrete, verifiable steps to eliminate each terrorist sanctuary in the territory of the country;
`(B) is cooperating with United States antiterrorism efforts; and
`(C) is taking all appropriate actions to prevent the
proliferation of and trafficking in weapons of mass destruction in and
through the territory of the country.'; and
(5) by inserting after paragraph (6) (as redesignated) the following:
`(7) In this subsection--
`(A) the term `territory of the country' means the land, waters, and airspace of the country; and
`(B) the term `terrorist sanctuary' or `sanctuary'
means an area in the territory of a country that is used by a terrorist
group with the express or implied consent of the government of the
country--
`(i) to carry out terrorist activities, including training, fundraising, financing, recruitment, and education activities; or
`(ii) to provide transit through the country.'.
(b) IMPLEMENTATION- The President shall implement the
amendments made by subsection (a) by exercising the authorities the
President has under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
CHAPTER 2--OTHER PROVISIONS
SEC. 4011. APPOINTMENTS TO FILL VACANCIES IN ARMS CONTROL AND NONPROLIFERATION ADVISORY BOARD.
(a) REQUIREMENT- Not later than December 31, 2004, the
Secretary of State shall appoint individuals to the Arms Control and
Nonproliferation Advisory Board to fill all vacancies in the membership
of the Board that exist on the date of the enactment of this Act.
(b) CONSULTATION- Appointments to the Board under
subsection (a) shall be made in consultation with the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate.
SEC. 4012. REVIEW OF UNITED STATES POLICY ON PROLIFERATION OF WEAPONS OF MASS DESTRUCTION AND CONTROL OF STRATEGIC WEAPONS.
(1) IN GENERAL- The Undersecretary of State for Arms
Control and International Security shall instruct the Arms Control and
Nonproliferation Advisory Board (in this section referred to as the
`Advisory Board') to carry out a review of existing policies of the
United States relating to the proliferation of weapons of mass
destruction and the control of strategic weapons.
(2) COMPONENTS- The review required under this subsection shall contain at a minimum the following:
(A) An identification of all major deficiencies in
existing United States policies relating to the proliferation of
weapons of mass destruction and the control of strategic weapons.
(B) Proposals that contain a range of options that
if implemented would adequately address any significant threat deriving
from the deficiencies in existing United States policies described in
subparagraph (A).
(1) INTERIM REPORT- Not later than June 15, 2005, the
Advisory Board shall prepare and submit to the Undersecretary of State
for Arms Control and International Security an interim report that
contains the initial results of the review carried out pursuant to
subsection (a).
(2) FINAL REPORT- Not later than December 1, 2005, the
Advisory Board shall prepare and submit to the Undersecretary of State
for Arms Control and International Security, and to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate, a final report that
contains the comprehensive results of the review carried out pursuant
to subsection (a).
(c) Experts and Consultants- In carrying out this section,
the Advisory Board may procure temporary and intermittent services of
experts and consultants, including experts and consultants from
nongovernmental organizations, under section 3109(b) of title 5, United
States Code.
(d) Funding and Other Resources- The Secretary of State
shall provide to the Advisory Board an appropriate amount of funding
and other resources to enable the Advisory Board to carry out this
section.
SEC. 4013. INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF INTERNATIONAL TERRORISM.
Section 1(e)(2) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(e)(2)), as amended by section 3091(b), is
further amended by adding at the end the following:
`(D) ADDITIONAL DUTIES RELATING TO INTERNATIONAL AGREEMENTS TO INTERDICT ACTS OF INTERNATIONAL TERRORISM-
`(i) IN GENERAL- In addition to the principal
duties of the Coordinator described in subparagraph (B), the
Coordinator, in consultation with relevant United States Government
agencies, shall seek to negotiate on a bilateral basis international
agreements under which parties to an agreement work in partnership to
address and interdict acts of international terrorism.
`(ii) TERMS OF INTERNATIONAL AGREEMENT- It is the sense of Congress that--
`(I) each party to an international agreement referred to in clause (i)--
`(aa) should be in full compliance with United Nations
Security Council Resolution 1373 (September 28, 2001), other
appropriate international agreements relating to antiterrorism
measures, and such other appropriate criteria relating to antiterrorism
measures;
`(bb) should sign and adhere to a `Counterterrorism
Pledge' and a list of `Interdiction Principles', to be determined by
the parties to the agreement;
`(cc) should identify assets and agree to multilateral
efforts that maximizes the country's strengths and resources to address
and interdict acts of international terrorism or the financing of such
acts;
`(dd) should agree to joint training exercises among the other parties to the agreement; and
`(ee) should agree to the negotiation and
implementation of other relevant international agreements and
consensus-based international standards; and
`(II) an international agreement
referred to in clause (i) should contain provisions that require the
parties to the agreement--
`(aa) to identify regions throughout the world that are emerging terrorist threats;
`(bb) to establish terrorism interdiction centers in such regions and other regions, as appropriate;
`(cc) to deploy terrorism prevention teams to such regions, including United States-led teams; and
`(dd) to integrate intelligence, military, and law
enforcement personnel from countries that are parties to the agreement
in order to work directly with the regional centers described in item
(bb) and regional teams described in item (cc).'.
SEC. 4014. EFFECTIVE COALITION APPROACH TOWARD DETENTION AND HUMANE TREATMENT OF CAPTURED TERRORISTS.
It is the sense of Congress that the President should
pursue by all appropriate diplomatic means with countries that are
participating in the Coalition to fight terrorism the development of an
effective approach toward the detention and humane treatment of
captured terrorists. The effective approach referred to in this section
may, as appropriate, draw on Article 3 of the Convention Relative to
the Treatment of Prisoners of War, done at Geneva on August 12, 1949 (6
UST 3316).
SEC. 4015. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS IN AFGHANISTAN.
(a) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the President should make the substantial reduction
of illegal drug production and trafficking in Afghanistan a priority in
the Global War on Terrorism;
(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal agencies,
should expand cooperation with the Government of Afghanistan and
international organizations involved in counter-drug activities to
assist in providing a secure environment for counter-drug personnel in
Afghanistan; and
(3) the United States, in conjunction with the
Government of Afghanistan and coalition partners, should undertake
additional efforts to reduce illegal drug trafficking and related
activities that provide financial support for terrorist organizations
in Afghanistan and neighboring countries.
(b) REPORT REQUIRED- (1) The Secretary of Defense and the Secretary of State shall jointly prepare a report that describes--
(A) the progress made towards substantially reducing poppy cultivation and heroin production capabilities in Afghanistan; and
(B) the extent to which profits from illegal drug
activity in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government of
Afghanistan.
(2) The report required by this subsection shall be
submitted to Congress not later than 120 days after the date of the
enactment of this Act.
Subtitle B--Prevent the Continued Growth of Terrorism
CHAPTER 1--UNITED STATES PUBLIC DIPLOMACY
SEC. 4021. ANNUAL REVIEW AND ASSESSMENT OF PUBLIC DIPLOMACY STRATEGY.
(a) In General- The Secretary of State, in coordination
with all appropriate Federal agencies, shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate an annual assessment of
the impact of public diplomacy efforts on target audiences. Each
assessment shall review the United States public diplomacy strategy
worldwide and by region, including an examination of the allocation of
resources and an evaluation and assessment of the progress in, and
barriers to, achieving the goals set forth under previous plans
submitted under this section. Not later than March 15 of every year,
the Secretary shall submit the assessment required by this subsection.
(b) Further Action- On the basis of such review, the
Secretary, in coordination with all appropriate Federal agencies, shall
submit, as part of the annual budget submission, a public diplomacy
strategy plan which specifies goals, agency responsibilities, and
necessary resources and mechanisms for achieving such goals during the
next fiscal year. The plan may be submitted in classified form.
SEC. 4022. PUBLIC DIPLOMACY TRAINING.
(a) Statement of Policy- It should be the policy of the United States:
(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a
prominent role in the formulation of public diplomacy strategies for
the countries and regions to which they are assigned and should be
accountable for the operation and success of public diplomacy efforts
at their posts.
(3) Initial and subsequent training of Foreign Service
officers should be enhanced to include information and training on
public diplomacy and the tools and technology of mass communication.
(1) QUALIFICATIONS- In the recruitment, training, and
assignment of members of the Foreign Service, the Secretary of State
shall emphasize the importance of public diplomacy and applicable
skills and techniques. The Secretary shall consider the priority
recruitment into the Foreign Service, at middle-level entry, of
individuals with expertise and professional experience in public
diplomacy, mass communications, or journalism. The Secretary shall give
special consideration to individuals with language facility and
experience in particular countries and regions.
(2) LANGUAGES OF SPECIAL INTEREST- The Secretary of
State shall seek to increase the number of Foreign Service officers
proficient in languages spoken in predominantly Muslim countries. Such
increase shall be accomplished through the recruitment of new officers
and incentives for officers in service.
SEC. 4023. PROMOTING DIRECT EXCHANGES WITH MUSLIM COUNTRIES.
(a) Declaration of Policy- Congress declares that the
United States should commit to a long-term and sustainable investment
in promoting engagement with people of all levels of society in
countries with predominantly Muslim populations, particularly with
youth and those who influence youth. Such an investment should make use
of the talents and resources in the private sector and should include
programs to increase the number of people who can be exposed to the
United States and its fundamental ideas and values in order to dispel
misconceptions. Such programs should include youth exchange programs,
young ambassadors programs, international visitor programs, academic
and cultural exchange programs, American Corner programs, library
programs, journalist exchange programs, sister city programs, and other
programs related to people-to-people diplomacy.
(b) Sense of Congress- It is the sense of Congress that the
United States should significantly increase its investment in the
people-to-people programs described in subsection (a).
SEC. 4024. PUBLIC DIPLOMACY REQUIRED FOR PROMOTION IN FOREIGN SERVICE.
(a) In General- Section 603(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4003(b)) is amended by adding at the end the
following new sentences: `The precepts for such selection boards shall
also consider whether the member of the Service or the member of the
Senior Foreign Service, as the case may be, has served in at least one
position in which the primary responsibility of such member was related
to public diplomacy. A member may not be promoted into or within the
Senior Foreign Service if such member has not served in at least one
such position.'.
(b) Effective Date- The amendment made by subsection (a) shall take effect on January 1, 2009.
CHAPTER 2--UNITED STATES MULTILATERAL DIPLOMACY
SEC. 4031. PURPOSE.
It is the purpose of this chapter to strengthen United
States leadership and effectiveness at international organizations and
multilateral institutions.
SEC. 4032. SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS.
(a) In General- The President, acting through the Secretary of State and the relevant United States chiefs of mission, shall--
(1) continue to strongly support and seek to expand the
work of the democracy caucus at the United Nations General Assembly and
the United Nations Human Rights Commission; and
(2) seek to establish a democracy caucus at the United
Nations Conference on Disarmament and at other broad-based
international organizations.
(b) Purposes of the Caucus- A democracy caucus at an international organization should--
(1) forge common positions, including, as appropriate,
at the ministerial level, on matters of concern before the organization
and work within and across regional lines to promote agreed positions;
(2) work to revise an increasingly outmoded system of membership selection, regional voting, and decision making; and
(3) establish a rotational leadership agreement to
provide member countries an opportunity, for a set period of time, to
serve as the designated president of the caucus, responsible for
serving as its voice in each organization.
SEC. 4033. LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS.
(a) United States Policy- The President, acting through the
Secretary of State and the relevant United States chiefs of mission,
shall use the voice, vote, and influence of the United States to--
(1) where appropriate, reform the criteria for
leadership and, in appropriate cases, for membership, at all United
Nations bodies and at other international organizations and
multilateral institutions to which the United States is a member so as
to exclude countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions of which the
United States is a member that a member country may not stand in
nomination for membership or in nomination or in rotation for a
leadership position in such bodies if the member country is subject to
sanctions imposed by the United Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotation for a
leadership position in such organizations, or for membership on the
United Nations Security Council, if the member country is subject to a
determination under section 6(j)(1)(A) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section 620A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371(a)), or section 40(d) of the
Arms Export Control Act (22 U.S.C. 2780(d)).
(b) Report to Congress- Not later than 15 days after a
country subject to a determination under one or more of the provisions
of law specified in subsection (a)(3) is selected for membership or a
leadership post in an international organization of which the United
States is a member or for membership on the United Nations Security
Council, the Secretary of State shall submit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on any steps
taken pursuant to subsection (a)(3).
SEC. 4034. INCREASED TRAINING IN MULTILATERAL DIPLOMACY.
(a) Training Programs- Section 708 of the Foreign Service
Act of 1980 (22 U.S.C. 4028) is amended by adding at the end the
following new subsection:
`(c) Training in Multilateral Diplomacy-
`(1) IN GENERAL- The Secretary shall establish a series
of training courses for officers of the Service, including appropriate
chiefs of mission, on the conduct of diplomacy at international
organizations and other multilateral institutions and at broad-based
multilateral negotiations of international instruments.
`(2) PARTICULAR PROGRAMS- The Secretary shall ensure
that the training described in paragraph (1) is provided at various
stages of the career of members of the service. In particular, the
Secretary shall ensure that after January 1, 2006--
`(A) officers of the Service receive training on
the conduct of diplomacy at international organizations and other
multilateral institutions and at broad-based multilateral negotiations
of international instruments as part of their training upon entry into
the Service; and
`(B) officers of the Service, including chiefs of
mission, who are assigned to United States missions representing the
United States to international organizations and other multilateral
institutions or who are assigned in Washington, D.C., to positions that
have as their primary responsibility formulation of policy towards such
organizations and institutions or towards participation in broad-based
multilateral negotiations of international instruments, receive
specialized training in the areas described in paragraph (1) prior to
beginning of service for such assignment or, if receiving such training
at that time is not practical, within the first year of beginning such
assignment.'.
(b) Training for Civil Service Employees- The Secretary
shall ensure that employees of the Department of State who are members
of the civil service and who are assigned to positions described in
section 708(c) of the Foreign Service Act of 1980 (as amended by
subsection (a)) receive training described in such section.
(c) Conforming Amendments- Section 708 of such Act is further amended--
(1) in subsection (a), by striking `(a) The' and inserting `(a) Training on Human Rights- The'; and
(2) in subsection (b), by striking `(b) The' and inserting `(b) Training on Refugee Law and Religious Persecution- The'.
SEC. 4035. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL NEGOTIATIONS.
(a) Establishment of Office- The Secretary of State is
authorized to establish, within the Bureau of International
Organizational Affairs, an Office on Multilateral Negotiations to be
headed by a Special Representative for Multilateral Negotiations (in
this section referred to as the `Special Representative').
(b) Appointment- The Special Representative shall be
appointed by the President and shall have the rank of
Ambassador-at-Large. At the discretion of the President another
official at the Department may serve as the Special Representative.
(c) Staffing- The Special Representative shall have a staff
of Foreign Service and civil service officers skilled in multilateral
diplomacy.
(d) Duties- The Special Representative shall have the following responsibilities:
(1) IN GENERAL- The primary responsibility of the
Special Representative shall be to assist in the organization of, and
preparation for, United States participation in multilateral
negotiations, including advocacy efforts undertaken by the Department
of State and other United States Government agencies.
(2) CONSULTATIONS- The Special Representative shall
consult with Congress, international organizations, nongovernmental
organizations, and the private sector on matters affecting multilateral
negotiations.
(3) ADVISORY ROLE- The Special Representative shall
advise the Assistant Secretary for International Organizational Affairs
and, as appropriate, the Secretary of State, regarding advocacy at
international organizations, multilateral institutions, and
negotiations, and shall make recommendations regarding--
(A) effective strategies (and tactics) to achieve United States policy objectives at multilateral negotiations;
(B) the need for and timing of high level
intervention by the President, the Secretary of State, the Deputy
Secretary of State, and other United States officials to secure support
from key foreign government officials for United States positions at
such organizations, institutions, and negotiations; and
(C) the composition of United States delegations to multilateral negotiations.
(4) ANNUAL DIPLOMATIC MISSIONS OF MULTILATERAL ISSUES-
The Special Representative, in coordination with the Assistant
Secretary for International Organizational Affairs, shall organize
annual diplomatic missions to appropriate foreign countries to conduct
consultations between principal officers responsible for advising the
Secretary of State on international organizations and high-level
representatives of the governments of such foreign countries to promote
the United States agenda at the United Nations General Assembly and
other key international fora (such as the United Nations Human Rights
Commission).
(5) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL
ORGANIZATIONS- The Special Representative, in coordination with the
Assistant Secretary of International Organizational Affairs, shall
direct the efforts of the United States to reform the criteria for
leadership of and membership in international organizations as
described in section 4033.
(6) PARTICIPATION IN MULTILATERAL NEGOTIATIONS- The
Secretary of State may direct the Special Representative to serve as a
member of a United States delegation to any multilateral negotiation.
CHAPTER 3--OTHER PROVISIONS
SEC. 4041. PILOT PROGRAM TO PROVIDE GRANTS TO
AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE
SCHOLARSHIPS.
(a) Findings- Congress finds the following:
(1) During the 2003-2004 school year, the Office of
Overseas Schools of the Department of State is financially assisting
189 elementary and secondary schools in foreign countries.
(2) American-sponsored elementary and secondary schools
are located in more than 20 countries with significant Muslim
populations in the Near East, Africa, South Asia, Central Asia, and
East Asia.
(3) American-sponsored elementary and secondary schools
provide an American-style education in English, with curricula that
typically include an emphasis on the development of critical thinking
and analytical skills.
(b) Purpose- The United States has an interest in
increasing the level of financial support provided to
American-sponsored elementary and secondary schools in predominantly
Muslim countries, in order to--
(1) increase the number of students in such countries who attend such schools;
(2) increase the number of young people who may thereby
gain at any early age an appreciation for the culture, society, and
history of the United States; and
(3) increase the number of young people who may thereby improve their proficiency in the English language.
(c) Pilot Program Authorized- The Secretary of State,
acting through the Director of the Office of Overseas Schools of the
Department of State, may conduct a pilot program to make grants to
American-sponsored elementary and secondary schools in predominantly
Muslim countries for the purpose of providing full or partial
merit-based scholarships to students from lower- and middle-income
families of such countries to attend such schools.
(d) Determination of Eligible Students- For purposes of
expending grant funds, an American-sponsored elementary and secondary
school that receives a grant under subsection (c) is authorized to
establish criteria to be implemented by such school to determine what
constitutes lower- and middle-income families in the country (or region
of the country, if regional variations in income levels in the country
are significant) in which such school is located.
(e) Restriction on Use of Funds- Amounts appropriated to
the Secretary of State pursuant to the authorization of appropriations
in subsection (h) shall be used for the sole purpose of making grants
under this section, and may not be used for the administration of the
Office of Overseas Schools of the Department of State or for any other
activity of the Office.
(f) Voluntary Participation- Nothing in this section shall
be construed to require participation in the pilot program by an
American-sponsored elementary or secondary school in a predominantly
Muslim country.
(g) Report- Not later than April 15, 2006, the Secretary
shall submit to the Committee on International Relations of the House
of Representatives and the Committee on Foreign Relations of the Senate
a report on the pilot program. The report shall assess the success of
the program, examine any obstacles encountered in its implementation,
and address whether it should be continued, and if so, provide
recommendations to increase its effectiveness.
(h) FUNDING- There are authorized to be appropriated to the
Secretary of State such sums as may be necessary for each of fiscal
years 2005, 2006, and 2007 to carry out this section.
SEC. 4042. ENHANCING FREE AND INDEPENDENT MEDIA.
(a) Findings- Congress makes the following findings:
(1) Freedom of speech and freedom of the press are fundamental human rights.
(2) The United States has a national interest in
promoting these freedoms by supporting free media abroad, which is
essential to the development of free and democratic societies
consistent with our own.
(3) Free media is undermined, endangered, or
nonexistent in many repressive and transitional societies around the
world, including in Eurasia, Africa, and the Middle East.
(4) Individuals lacking access to a plurality of free
media are vulnerable to misinformation and propaganda and are
potentially more likely to adopt anti-American views.
(5) Foreign governments have a responsibility to
actively and publicly discourage and rebut unprofessional and unethical
media while respecting journalistic integrity and editorial
independence.
(b) Statements of Policy- It shall be the policy of the United States, acting through the Secretary of State, to--
(1) ensure that the promotion of press freedoms and
free media worldwide is a priority of United States foreign policy and
an integral component of United States public diplomacy;
(2) respect the journalistic integrity and editorial independence of free media worldwide; and
(3) ensure that widely accepted standards for
professional and ethical journalistic and editorial practices are
employed when assessing international media.
(c) Grants to Private Sector Group to Establish Media Network-
(1) IN GENERAL- Grants made available to the National
Endowment for Democracy (NED) pursuant to paragraph (3) shall be used
by NED to provide funding to a private sector group to establish and
manage a free and independent media network in accordance with
paragraph (2).
(2) PURPOSE- The purpose of the network shall be to
provide an effective forum to convene a broad range of individuals,
organizations, and governmental participants involved in journalistic
activities and the development of free and independent media to--
(A) fund a clearinghouse to collect and share information concerning international media development and training;
(B) improve research in the field of media
assistance and program evaluation to better inform decisions regarding
funding and program design for government and private donors;
(C) explore the most appropriate use of existing
means to more effectively encourage the involvement of the private
sector in the field of media assistance; and
(D) identify effective methods for the development of a free and independent media in societies in transition.
(3) FUNDING- For grants made by the Department of State
to NED as authorized by the National Endowment for Democracy Act (Pub.
L. 98-164, 97 Stat. 1039), there are authorized to be appropriated to
the Secretary of State such sums as may be necessary for each of fiscal
years 2005, 2006, and 2007 to carry out this section.
SEC. 4043. COMBATING BIASED OR FALSE FOREIGN MEDIA COVERAGE OF THE UNITED STATES.
(a) Findings- Congress finds the following:
(1) Biased or false media coverage of the United States
and its allies is a significant factor encouraging terrorist acts
against the people of the United States.
(2) Public diplomacy efforts designed to encourage an
accurate understanding of the people of the United States and the
policies of the United States are unlikely to succeed if foreign
publics are subjected to unrelenting biased or false local media
coverage of the United States.
(3) Where freedom of the press exists in foreign
countries the United States can combat biased or false media coverage
by responding in the foreign media or by communicating directly to
foreign publics in such countries.
(4) Foreign governments which encourage biased or false
media coverage of the United States bear a significant degree of
responsibility for creating a climate within which terrorism can
flourish. Such governments are responsible for encouraging biased or
false media coverage if they--
(A) issue direct or indirect instructions to the media to publish biased or false information regarding the United States;
(B) make deliberately biased or false charges expecting that such charges will be disseminated; or
(C) so severely constrain the ability of the media
to express criticism of any such government that one of the few means
of political expression available is criticism of the United States.
(b) Statements of Policy-
(1) FOREIGN GOVERNMENTS- It shall be the policy of the
United States to regard foreign governments as knowingly engaged in
unfriendly acts toward the United States if such governments--
(A) instruct their state-owned or influenced media
to include content that is anti-American or prejudicial to the foreign
and security policies of the United States; or
(B) make deliberately false charges regarding the
United States or permit false or biased charges against the United
States to be made while constraining normal political discourse.
(2) SEEKING MEDIA ACCESS; RESPONDING TO FALSE CHARGES- It shall be the policy of the United States to--
(A) seek access to the media in foreign countries
on terms no less favorable than those afforded any other foreign entity
or on terms available to the foreign country in the United States; and
(B) combat biased or false media coverage in
foreign countries of the United States and its allies by responding in
the foreign media or by communicating directly to foreign publics.
(c) Responsibilities Regarding Biased or False Media Coverage-
(1) SECRETARY OF STATE- The Secretary of State shall
instruct chiefs of mission to report on and combat biased or false
media coverage originating in or received in foreign countries to which
such chiefs are posted. Based on such reports and other information
available to the Secretary, the Secretary shall prioritize efforts to
combat such media coverage, giving special attention to audiences where
fostering popular opposition to terrorism is most important and such
media coverage is most prevalent.
(2) CHIEFS OF MISSION- Chiefs of mission shall have the following responsibilities:
(A) Chiefs of mission shall give strong priority to
combatting biased or false media reports in foreign countries to which
such chiefs are posted regarding the United States.
(B) Chiefs of mission posted to foreign countries
in which freedom of the press exists shall inform the governments of
such countries of the policies of the United States regarding biased or
false media coverage of the United States, and shall make strong
efforts to persuade such governments to change policies that encourage
such media coverage.
(d) Reports- Not later than 120 days after the date of the
enactment of this Act and at least annually thereafter until January 1,
2015, the Secretary shall submit to the Committee on International
Relations of the House of Representatives and the Committee on Foreign
Relations of the Senate a report regarding the major themes of biased
or false media coverage of the United States in foreign countries, the
actions taken to persuade foreign governments to change policies that
encourage such media coverage (and the results of such actions), and
any other actions taken to combat such media coverage in foreign
countries.
SEC. 4044. REPORT ON BROADCAST OUTREACH STRATEGY.
(a) Report- Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a report on the strategy
of the United States to expand its outreach to foreign Muslim audiences
through broadcast media.
(b) Content- The report required under subsection (a) shall contain the following:
(1) An assessment of the Broadcasting Board of
Governors and the public diplomacy activities of the Department of
State with respect to outreach to foreign Muslim audiences through
broadcast media.
(2) An outline of recommended actions that the United
States should take to more regularly and comprehensively present a
United States point of view through indigenous broadcast media in
countries with sizeable Muslim populations, including increasing
appearances by United States Government officials, experts, and
citizens.
(3) An assessment of potential incentives for, and
costs associated with, encouraging United States broadcasters to dub or
subtitle into Arabic and other relevant languages their news and public
affairs programs broadcast in Muslim countries in order to present
those programs to a much broader Muslim audience than is currently
reached.
(4) An assessment of providing a training program in media and press affairs for members of the Foreign Service.
SEC. 4045. OFFICE RELOCATION.
As soon as practicable after the date of the enactment of
this Act, the Secretary of State shall take such actions as are
necessary to consolidate within the Harry S. Truman Building all
offices of the Department of State that are responsible for the conduct
of public diplomacy, including the Bureau of Educational and Cultural
Affairs.
SEC. 4046. STRENGTHENING THE COMMUNITY OF DEMOCRACIES FOR MUSLIM COUNTRIES.
(a) Sense of Congress- It is the sense of Congress that the United States--
(1) should work with the Community of Democracies to
discuss, develop, and refine policies and assistance programs to
support and promote political, economic, judicial, educational, and
social reforms in Muslim countries;
(2) should, as part of that effort, secure support to
require countries seeking membership in the Community of Democracies to
be in full compliance with the Community's criteria for participation,
as established by the Community's Convening Group, should work to
ensure that the criteria are part of a legally binding document, and
should urge other donor countries to use compliance with the criteria
as a basis for determining diplomatic and economic relations (including
assistance programs) with such participating countries; and
(3) should seek support for international contributions
to the Community of Democracies and should seek authority for the
Community's Convening Group to oversee adherence and compliance of
participating countries with the criteria.
(b) Middle East Partnership Initiative and Broader Middle
East and North Africa Initiative - Amounts made available to carry out
the Middle East Partnership Initiative and the Broader Middle East and
North Africa Initiative may be made available to the Community of
Democracies in order to strengthen and expand its work with Muslim
countries.
(c) Report- The Secretary of State shall include in the
annual report entitled `Supporting Human Rights and Democracy: The U.S.
Record' a description of efforts by the Community of Democracies to
support and promote political, economic, judicial, educational, and
social reforms in Muslim countries and the extent to which such
countries meet the criteria for participation in the Community of
Democracies.
Subtitle C--Reform of Designation of Foreign Terrorist Organizations
SEC. 4051. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) Period of Designation- Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking `Subject to paragraphs (5) and (6), a' and inserting `A'; and
(B) by striking `for a period of 2 years beginning
on the effective date of the designation under paragraph (2)(B)' and
inserting `until revoked under paragraph (5) or (6) or set aside
pursuant to subsection (c)';
(2) by striking subparagraph (B) and inserting the following:
`(B) REVIEW OF DESIGNATION UPON PETITION-
`(i) IN GENERAL- The Secretary shall review the
designation of a foreign terrorist organization under the procedures
set forth in clauses (iii) and (iv) if the designated organization
files a petition for revocation within the petition period described in
clause (ii).
`(ii) PETITION PERIOD- For purposes of clause (i)--
`(I) if the designated organization has not
previously filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date on which the designation
was made; or
`(II) if the designated organization has
previously filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date of the determination made
under clause (iv) on that petition.
`(iii) PROCEDURES- Any foreign terrorist
organization that submits a petition for revocation under this
subparagraph must provide evidence in that petition that the relevant
circumstances described in paragraph (1) have changed in such a manner
as to warrant revocation with respect to the organization.
`(I) IN GENERAL- Not later than 180 days
after receiving a petition for revocation submitted under this
subparagraph, the Secretary shall make a determination as to such
revocation.
`(II) CLASSIFIED INFORMATION- The Secretary
may consider classified information in making a determination in
response to a petition for revocation. Classified information shall not
be subject to disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
`(III) PUBLICATION OF DETERMINATION- A
determination made by the Secretary under this clause shall be
published in the Federal Register.
`(IV) PROCEDURES- Any revocation by the Secretary shall be made in accordance with paragraph (6).'; and
(3) by adding at the end the following:
`(C) OTHER REVIEW OF DESIGNATION-
`(i) IN GENERAL- If in a 6-year period no
review has taken place under subparagraph (B), the Secretary shall
review the designation of the foreign terrorist organization in order
to determine whether such designation should be revoked pursuant to
paragraph (6).
`(ii) PROCEDURES- If a review does not take
place pursuant to subparagraph (B) in response to a petition for
revocation that is filed in accordance with that subparagraph, then the
review shall be conducted pursuant to procedures established by the
Secretary. The results of such review and the applicable procedures
shall not be reviewable in any court.
`(iii) PUBLICATION OF RESULTS OF REVIEW- The
Secretary shall publish any determination made pursuant to this
subparagraph in the Federal Register.'.
(b) Aliases- Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) Amendments to a Designation-
`(1) IN GENERAL- The Secretary may amend a designation
under this subsection if the Secretary finds that the organization has
changed its name, adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with another
organization.
`(2) PROCEDURE- Amendments made to a designation in
accordance with paragraph (1) shall be effective upon publication in
the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2)
shall apply to an amended designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also
apply to an amended designation.
`(3) ADMINISTRATIVE RECORD- The administrative record
shall be corrected to include the amendments as well as any additional
relevant information that supports those amendments.
`(4) CLASSIFIED INFORMATION- The Secretary may consider
classified information in amending a designation in accordance with
this subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that such
information may be disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).'.
(c) Technical and Conforming Amendments- Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(A) in paragraph (3)(B), by striking `subsection (b)' and inserting `subsection (c)';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking `or a redesignation made under paragraph (4)(B)' and inserting
`at any time, and shall revoke a designation upon completion of a
review conducted pursuant to subparagraphs (B) and (C) of paragraph
(4)'; and
(ii) in clause (i), by striking `or redesignation';
(C) in paragraph (7), by striking `, or the revocation of a redesignation under paragraph (6),'; and
(i) by striking `, or if a redesignation under this subsection has become effective under paragraph (4)(B),'; and
(ii) by striking `or redesignation'; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking `of the
designation in the Federal Register,' and all that follows through
`review of the designation' and inserting `in the Federal Register of a
designation, an amended designation, or a determination in response to
a petition for revocation, the designated organization may seek
judicial review';
(B) in paragraph (2), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation';
(C) in paragraph (3), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation'; and
(D) in paragraph (4), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation' each place that term appears.
(d) Savings Provision- For purposes of applying section 219
of the Immigration and Nationality Act on or after the date of
enactment of this Act, the term `designation', as used in that section,
includes all redesignations made pursuant to section 219(a)(4)(B) of
the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to
the date of enactment of this Act, and such redesignations shall
continue to be effective until revoked as provided in paragraph (5) or
(6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 4052. INCLUSION IN ANNUAL DEPARTMENT OF STATE COUNTRY
REPORTS ON TERRORISM OF INFORMATION ON TERRORIST GROUPS THAT SEEK
WEAPONS OF MASS DESTRUCTION AND GROUPS THAT HAVE BEEN DESIGNATED AS
FOREIGN TERRORIST ORGANIZATIONS.
(a) Inclusion in Reports- Section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f) is amended--
(1) in subsection (a)(2)--
(A) by inserting `any terrorist group known to have
obtained or developed, or to have attempted to obtain or develop,
weapons of mass destruction,' after `during the preceding five years,';
and
(B) by inserting `any group designated by the
Secretary as a foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189),' after `Export
Administration Act of 1979,';
(2) in subsection (b)(1)(C)(iii), by striking `and' at the end;
(3) in subsection (b)(1)(C)--
(A) by redesignating clause (iv) as clause (v); and
(B) by inserting after clause (iii) the following new clause:
`(iv) providing weapons of mass destruction, or
assistance in obtaining or developing such weapons, to terrorists or
terrorist groups; and'; and
(4) in subsection (b)(3) (as redesignated by section 4002(b)(2)(B) of this Act)--
(A) by redesignating subparagraphs (C), (D), and (E) as (D), (E), and (F), respectively; and
(B) by inserting after subparagraph (B) the following new subparagraph:
`(C) efforts by those groups to obtain or develop weapons of mass destruction;'.
(b) Effective Date- The amendments made by subsection (a)
shall apply beginning with the first report under section 140 of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f), submitted more than one year after the date of the
enactment of this Act.
Subtitle D--Afghanistan Freedom Support Act Amendments of 2004
SEC. 4061. SHORT TITLE.
This subtitle may be cited as the `Afghanistan Freedom Support Act Amendments of 2004'.
SEC. 4062. COORDINATION OF ASSISTANCE FOR AFGHANISTAN.
(a) Findings- Congress finds that--
(1) the Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the provision of
United States assistance to Afghanistan for being too inflexible; and
(2) the Afghanistan Freedom Support Act of 2002 (Public
Law 107-327; 22 U.S.C. 7501 et seq.) contains provisions that provide
for flexibility in the provision of assistance for Afghanistan and are
not subject to the requirements of typical foreign assistance programs
and provide for the designation of a coordinator to oversee United
States assistance for Afghanistan.
(b) Designation of Coordinator- Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is amended
in the matter preceding paragraph (1) by striking `is strongly urged
to' and inserting `shall'.
(c) Other Matters- Section 104 of such Act (22 U.S.C. 7514) is amended by adding at the end the following:
`(c) Program Plan- The coordinator designated under
subsection (a) shall annually submit to the Committees on International
Relations and Appropriations of the House of Representatives and the
Committees on Foreign Relations and Appropriations of the Senate the
Administration's plan for assistance to Afghanistan together with a
description of such assistance in prior years.
`(d) Coordination With International Community- The
coordinator designated under subsection (a) shall work with the
international community, including multilateral organizations and
international financial institutions, and the Government of Afghanistan
to ensure that assistance to Afghanistan is implemented in a coherent,
consistent, and efficient manner to prevent duplication and waste.'.
SEC. 4063. GENERAL PROVISIONS RELATING TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.
(a) Assistance to Promote Economic, Political and Social Development-
(1) DECLARATION OF POLICY- Congress reaffirms the
authorities contained in title I of the Afghanistan Freedom Support Act
of 2002 (22 U.S.C. 7501 et seq.; relating to economic and democratic
development assistance for Afghanistan).
(2) PROVISION OF ASSISTANCE- Section 103(a) of such Act
(22 U.S.C. 7513(a)) is amended in the matter preceding paragraph (1) by
striking `section 512 of Public Law 107-115 or any other similar' and
inserting `any other'.
(b) Declarations of Policy- Congress makes the following declarations:
(1) The United States reaffirms the support that it and
other countries expressed for the report entitled `Securing
Afghanistan's Future' in their Berlin Declaration of April 2004. The
United States should help enable the growth needed to create an
economically sustainable Afghanistan capable of the poverty reduction
and social development foreseen in the report.
(2) The United States supports the parliamentary
elections to be held in Afghanistan by April 2005 and will help ensure
that such elections are not undermined by warlords or narcotics
traffickers.
(3)(A) The United States continues to urge North
Atlantic Treaty Organization members and other friendly countries to
make much greater military contributions toward securing the peace in
Afghanistan.
(B) The United States should continue to lead in the
security domain by, among other things, providing logistical support to
facilitate those contributions.
(C) In coordination with the Government of Afghanistan,
the United States should urge others, and act itself, to increase
efforts to promote disarmament, demobilization, and reintegration
efforts, to enhance counternarcotics activities, to expand deployments
of Provincial Reconstruction Teams, and to increase training of
Afghanistan's National Army and its police and border security forces.
(1) STRATEGY- Title III of such Act (22 U.S.C. 7551 et seq.) is amended by adding at the end the following:
`SEC. 304 FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
`(1) IN GENERAL- Not later than 180 days after the date
of the enactment of the Afghanistan Freedom Support Act Amendments of
2004, the President shall formulate and transmit to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate a 5-year strategy for
Afghanistan that includes specific and measurable goals, timeframes for
accomplishing such goals, and specific resource levels necessary for
accomplishing such goals for addressing the long-term development and
security needs of Afghanistan, including sectors such as agriculture
and irrigation, parliamentary and democratic development, the judicial
system and rule of law, human rights, education, health,
telecommunications, electricity, women's rights, counternarcotics,
police, border security, anti-corruption, and other law-enforcement
activities.
`(2) ADDITIONAL REQUIREMENT- The strategy shall also
delineate responsibilities for achieving such goals and identify and
address possible external factors that could significantly affect the
achievement of such goals.
`(b) Implementation- Not later than 30 days after the date
of the transmission of the strategy required by subsection (a), the
Secretary of State, the Administrator of the United States Agency for
International Development, and the Secretary of Defense shall submit to
the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate a
written 5-year action plan to implement the strategy developed pursuant
to subsection (a). Such action plan shall include a description and
schedule of the program evaluations that will monitor progress toward
achieving the goals described in subsection (a).
`(c) Review- The Secretary of State, the Administrator of
the United States Agency for International Development, and the
Secretary of Defense shall carry out an annual review of the strategy
required by subsection (a) and the action plan required by subsection
(b).
`(d) Monitoring- The report required by section 206(c)(2) of this Act shall include--
`(1) a description of progress toward implementation of
both the strategy required by subsection (a) and the action plan
required by subsection (b); and
`(2) a description of any changes to the strategy or
action plan since the date of the submission of the last report
required by such section.'.
(2) CLERICAL AMENDMENT- The table of contents for such
Act (22 U.S.C. 7501 note) is amended by adding after the item relating
to section 303 the following:
`Sec. 304. Formulation of long-term strategy for Afghanistan.'.
SEC. 4064. RULE OF LAW AND RELATED ISSUES.
Section 103(a)(5)(A) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)(A)) is amended--
(1) in clause (v), to read as follows:
`(v) support for the activities of the
Government of Afghanistan to develop modern legal codes and court
rules, to provide for the creation of legal assistance programs, and
other initiatives to promote the rule of law in Afghanistan;';
(2) in clause (xii), to read as follows:
`(xii) support for the effective administration
of justice at the national, regional, and local levels, including
programs to improve penal institutions and the rehabilitation of
prisoners, to establish a responsible and community-based police force,
and to rehabilitate or construct courthouses and detention
facilities;'; and
(3) in clause (xiii), by striking `and' at the end;
(4) in clause (xiv), by striking the period at the end and inserting `; and'; and
(5) by adding at the end the following:
`(xv) assistance for the protection of
Afghanistan's culture, history, and national identity, including with
the rehabilitation of Afghanistan's museums and sites of cultural
significance.'.
SEC. 4065. MONITORING OF ASSISTANCE.
Section 108 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7518) is amended by adding at the end the following:
`(c) Monitoring of Assistance for Afghanistan-
`(1) REPORT- Not later than January 15, 2005, and every
six months thereafter, the Secretary of State, in consultation with the
Administrator for the United States Agency for International
Development, shall submit to the Committee on International Relations
of the House of Representatives and the Committee on Foreign Relations
of the Senate a report on the obligations and expenditures of United
States assistance for Afghanistan from all United States Government
agencies.
`(2) SUBMISSION OF INFORMATION FOR REPORT- The head of
each United States Government agency referred to in paragraph (1) shall
provide on a timely basis to the Secretary of State such information as
the Secretary may reasonably require to allow the Secretary to prepare
and submit the report required by such paragraph.'.
SEC. 4066. UNITED STATES POLICY TO SUPPORT DISARMAMENT OF
PRIVATE MILITIAS AND TO SUPPORT EXPANSION OF INTERNATIONAL PEACEKEEPING
AND SECURITY OPERATIONS IN AFGHANISTAN.
(a) Disarmament of Private Militias- Section 103 of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513) is amended by
adding at the end the following:
`(d) United States Policy Relating to Disarmament of Private Militias-
`(1) IN GENERAL- It shall be the policy of the United
States to take immediate steps to provide active support for the
disarmament, demobilization, and reintegration of armed soldiers,
particularly child soldiers, in Afghanistan, in close consultation with
the President of Afghanistan.
`(2) REPORT- The report required by section 206(c)(2)
of this Act shall include a description of the progress to implement
paragraph (1).'.
(b) International Peacekeeping and Security Operations-
Section 103 of such Act (22 U.S.C. 7513(d)), as amended by subsection
(a), is further amended by adding at the end the following:
`(e) United States Policy Relating to International
Peacekeeping and Security Operations- It shall be the policy of the
United States to make every effort to support the expansion of
international peacekeeping and security operations in Afghanistan in
order to--
`(1) increase the area in which security is provided
and undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting opium
production; and
`(2) safeguard highways in order to allow the free flow
of commerce and to allow material assistance to the people of
Afghanistan, and aid personnel in Afghanistan, to move more freely.'.
SEC. 4067. EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN.
Section 206(d)(1) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is amended to read as follows:
`(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN-
`(A) EFFORTS- The President shall encourage, and,
as authorized by law, enable other countries to actively participate in
expanded international peacekeeping and security operations in
Afghanistan, especially through the provision of military personnel for
extended periods of time.
`(B) REPORTS- The President shall prepare and
transmit to the Committee on International Relations of the House of
Representatives and the Committee on Foreign Relations of the Senate a
report on efforts carried out pursuant to subparagraph (A). The first
report under this subparagraph shall be transmitted not later than 60
days after the date of the enactment of the Afghanistan Freedom Support
Act Amendments of 2004 and subsequent reports shall be transmitted
every six months thereafter and may be included in the report required
by section 206(c)(2) of this Act.'.
SEC. 4068. PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN AFGHANISTAN.
(a) Counternarcotics Efforts- The Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) is amended--
(A) title III as title IV; and
(B) sections 301 through 304 as sections 401 through 404, respectively; and
(2) by inserting after title II the following:
`TITLE III--PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN AFGHANISTAN
`SEC. 301. ASSISTANCE FOR COUNTERNARCOTICS EFFORTS.
`In addition to programs established pursuant to section
103(a)(3) of this Act or other similar programs, the President is
authorized and encouraged to implement specific initiatives to assist
in the eradication of poppy cultivation and the disruption of heroin
production in Afghanistan, such as--
`(1) promoting alternatives to poppy cultivation,
including the introduction of high value crops that are suitable for
export and the provision of appropriate technical assistance and credit
mechanisms for farmers;
`(2) enhancing the ability of farmers to bring legitimate agricultural goods to market;
`(3) notwithstanding section 660 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2420), assistance, including
nonlethal equipment, training (including training in internationally
recognized standards of human rights, the rule of law, anti-corruption,
and the promotion of civilian police roles that support democracy), and
payments, during fiscal years 2006 through 2008, for salaries for
special counternarcotics police and supporting units;
`(4) training the Afghan National Army in counternarcotics activities; and
`(5) creating special counternarcotics courts, prosecutors, and places of incarceration.'.
(b) Clerical Amendments- The table of contents for such Act (22 U.S.C. 7501 note) is amended--
(A) the item relating to title III as the item relating to title IV; and
(B) the items relating to sections 301 through 304 as the items relating to sections 401 through 404; and
(2) by inserting after the items relating to title II the following:
`TITLE III--PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN AFGHANISTAN
`Sec. 301. Assistance for counternarcotics efforts.'.
SEC. 4069. ADDITIONAL AMENDMENTS TO THE AFGHANISTAN FREEDOM SUPPORT ACT OF 2002.
(a) Technical Amendment- Section 103(a)(7)(A)(xii) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(7)(A)(xii))
is amended by striking `National' and inserting `Afghan Independent'.
(b) Reporting Requirement- Section 206(c)(2) of such Act
(22 U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph
(A) by striking `2007' and inserting `2012'.
SEC. 4070. REPEAL.
Section 620D of the Foreign Assistance Act of 1961 (22
U.S.C. 2374; relating to prohibition on assistance to Afghanistan) is
hereby repealed.
Subtitle E--Provisions Relating to Saudi Arabia and Pakistan
SEC. 4081. NEW UNITED STATES STRATEGY FOR RELATIONSHIP WITH SAUDI ARABIA.
(a) Sense of Congress- It is the sense of Congress that the
relationship between the United States and Saudi Arabia should include
a more robust dialogue between the people and Government of the United
States and the people and Government of Saudi Arabia in order to
provide for a reevaluation of, and improvements to, the relationship by
both sides.
(1) IN GENERAL- Not later than one year after the date
of the enactment of this Act, the President shall transmit to the
Committee on International Relations of the House of Representatives
and the Committee on Foreign Relations of the Senate a strategy for
collaboration with the people and Government of Saudi Arabia on
subjects of mutual interest and importance to the United States.
(2) CONTENTS- The strategy required under paragraph (1) shall include the following provisions:
(A) A framework for security cooperation in the
fight against terrorism, with special reference to combating terrorist
financing and an examination of the origins of modern terrorism.
(B) A framework for political and economic reform in Saudi Arabia and throughout the Middle East.
(C) An examination of steps that should be taken to
reverse the trend toward extremism in Saudi Arabia and other Muslim
countries and throughout the Middle East.
(D) A framework for promoting greater tolerance and
respect for cultural and religious diversity in Saudi Arabia and
throughout the Middle East.
SEC. 4082. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(a) Sense of Congress- It is the sense of Congress that the
United States should, over a long-term period, help to ensure a
promising, stable, and secure future for Pakistan, and should in
particular provide assistance to encourage and enable Pakistan--
(1) to continue and improve upon its commitment to combating extremists;
(2) to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
(3) to continue to make efforts to fully control its territory and borders;
(4) to progress towards becoming a more effective and participatory democracy;
(5) to participate more vigorously in the global marketplace and to continue to modernize its economy;
(6) to take all necessary steps to halt the spread of weapons of mass destruction;
(7) to continue to reform its education system; and
(8) to, in other ways, implement a general strategy of moderation.
(b) Strategy- Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to Congress a
detailed proposed strategy for the future, long-term, engagement of the
United States with Pakistan.
SEC. 4083. EXTENSION OF PAKISTAN WAIVERS.
The Act entitled `An Act to authorize the President to
exercise waivers of foreign assistance restrictions with respect to
Pakistan through September 30, 2003, and for other purposes', approved
October 27, 2001 (Public Law 107-57; 115 Stat. 403), as amended by
section 2213 of the Emergency Supplemental Appropriations Act for
Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106; 117 Stat. 1232), is further amended--
(A) in the heading, by striking `Fiscal Year 2004' and inserting `Fiscal Years 2005 and 2006'; and
(B) in paragraph (1), by striking `2004' and inserting `2005 or 2006';
(2) in section 3(2), by striking `and 2004,' and inserting `2004, 2005, and 2006'; and
(3) in section 6, by striking `2004' and inserting `2006'.
Subtitle F--Oversight Provisions
SEC. 4091. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) AVAILABILITY OF TREATIES AND INTERNATIONAL AGREEMENTS-
Section 112a of title 1, United States Code, is amended by adding at
the end the following:
`(d) The Secretary of State shall cause to be published in
slip form or otherwise made publicly available through the Internet
website of the Department of State each treaty or international
agreement proposed to be published in the compilation entitled `United
States Treaties and Other International Agreements' not later than 180
days after the date on which the treaty or agreement enters into
force.'.
(b) Transmission to Congress- Section 112b(a) of title 1,
United States Code (commonly referred to as the `Case-Zablocki Act'),
is amended--
(1) in the first sentence, by striking `has entered into force' and inserting `has been signed or entered into force'; and
(2) in the second sentence, by striking `Committee on Foreign Affairs' and inserting `Committee on International Relations'.
(c) Report- Section 112b of title 1, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
`(d)(1) The Secretary of State shall submit to Congress on
an annual basis a report that contains an index of all international
agreements (including oral agreements), listed by country, date, title,
and summary of each such agreement (including a description of the
duration of activities under the agreement and the agreement itself),
that the United States--
`(A) has signed, proclaimed, or with reference to which
any other final formality has been executed, or that has been extended
or otherwise modified, during the preceding calendar year; and
`(B) has not been published, or is not proposed to be
published, in the compilation entitled `United States Treaties and
Other International Agreements'.
`(2) The report described in paragraph (1) may be submitted in classified form.'.
(d) Determination of International Agreement- Subsection
(e) of section 112b of title 1, United States Code, (as redesignated)
is amended--
(1) by striking `(e) The Secretary of State' and inserting `(e)(1) Subject to paragraph (2), the Secretary of State'; and
(2) by adding at the end the following:
`(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than subsection (c)
of this section) irrespective of the duration of activities under the
arrangement or the arrangement itself.
`(B) Arrangements that constitute an international
agreement within the meaning of this section (other than subsection (c)
of this section) include, but are not limited to, the following:
`(i) A bilateral or multilateral counterterrorism agreement.
`(ii) A bilateral agreement with a country that is
subject to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).'.
(e) ENFORCEMENT OF REQUIREMENTS- Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 is
amended to read as follows:
`(b) Effective Date- Subsection (a) shall take effect 60
days after the date of the enactment of the 9/11 Recommendations
Implementation Act and shall apply during fiscal years 2005, 2006, and
2007.'.
Subtitle G--Additional Protections of United States Aviation System from Terrorist Attacks
SEC. 4101. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF FEDERAL FLIGHT DECK OFFICERS.
The President is encouraged to pursue aggressively
international agreements with foreign governments to allow the maximum
deployment of Federal air marshals and Federal flight deck officers on
international flights.
SEC. 4102. FEDERAL AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended by adding at the end the following:
`(d) Training for Foreign Law Enforcement Personnel-
`(1) IN GENERAL- The Assistant Secretary for
Immigration and Customs Enforcement of the Department of Homeland
Security, after consultation with the Secretary of State, may direct
the Federal Air Marshal Service to provide appropriate air marshal
training to law enforcement personnel of foreign countries.
`(2) WATCHLIST SCREENING- The Federal Air Marshal
Service may only provide appropriate air marshal training to law
enforcement personnel of foreign countries after comparing the
identifying information and records of law enforcement personnel of
foreign countries against appropriate records in the consolidated and
integrated terrorist watchlists of the Federal Government.
`(3) FEES- The Assistant Secretary shall establish
reasonable fees and charges to pay expenses incurred in carrying out
this subsection. Funds collected under this subsection shall be
credited to the account in the Treasury from which the expenses were
incurred and shall be available to the Assistant Secretary for purposes
for which amounts in such account are available.'.
SEC. 4103. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export Control-
(1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS- The
President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including bilateral
and multilateral treaties, in the appropriate forum to limit the
availability, transfer, and proliferation of MANPADSs worldwide.
(2) TO LIMIT THE PROLIFERATION OF MANPADS- The
President is encouraged to seek to enter into agreements with the
governments of foreign countries that, at a minimum, would--
(A) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-production agreement,
other than the entry into force of a manufacturing license or
co-production agreement with a country that is party to such an
agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any component, part,
accessory, or attachment thereof, without an individual validated
license; and
(C) prohibit the reexport or retransfer of a
MANPADS, including any component, part, accessory, or attachment
thereof, to a third person, organization, or government unless the
written consent of the government that approved the original export or
transfer is first obtained.
(3) TO ACHIEVE DESTRUCTION OF MANPADS- The President
should continue to pursue further strong international diplomatic and
cooperative efforts, including bilateral and multilateral treaties, in
the appropriate forum to assure the destruction of excess, obsolete,
and illicit stocks of MANPADSs worldwide.
(4) REPORTING AND BRIEFING REQUIREMENT-
(A) PRESIDENT'S REPORT- Not later than 180 days
after the date of enactment of this Act, the President shall transmit
to the appropriate congressional committees a report that contains a
detailed description of the status of diplomatic efforts under
paragraphs (1), (2), and (3) and of efforts by the appropriate United
States agencies to comply with the recommendations of the General
Accounting Office set forth in its report GAO-04-519, entitled
`Nonproliferation: Further Improvements Needed in U.S. Efforts to
Counter Threats from Man-Portable Air Defense Systems'.
(B) ANNUAL BRIEFINGS- Annually after the date of
submission of the report under subparagraph (A) and until completion of
the diplomatic and compliance efforts referred to in subparagraph (A),
the Secretary of State shall brief the appropriate congressional
committees on the status of such efforts.
(b) FAA Airworthiness Certification of Missile Defense Systems for Commercial Aircraft-
(1) IN GENERAL- As soon as practicable, but not later
than the date of completion of Phase II of the Department of Homeland
Security's counter-man-portable air defense system (MANPADS)
development and demonstration program, the Administrator of the Federal
Aviation Administration shall establish a process for conducting
airworthiness and safety certification of missile defense systems for
commercial aircraft certified as effective and functional by the
Department of Homeland Security. The process shall require a
certification by the Administrator that such systems can be safely
integrated into aircraft systems and ensure airworthiness and aircraft
system integrity.
(2) CERTIFICATION ACCEPTANCE- Under the process, the
Administrator shall accept the certification of the Department of
Homeland Security that a missile defense system is effective and
functional to defend commercial aircraft against MANPADSs.
(3) EXPEDITIOUS CERTIFICATION- Under the process, the
Administrator shall expedite the airworthiness and safety certification
of missile defense systems for commercial aircraft certified by the
Department of Homeland Security.
(4) REPORTS- Not later than 90 days after the first
airworthiness and safety certification for a missile defense system for
commercial aircraft is issued by the Administrator, and annually
thereafter until December 31, 2008, the Federal Aviation Administration
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that contains a detailed
description of each airworthiness and safety certification issued for a
missile defense system for commercial aircraft.
(c) Programs to Reduce MANPADS-
(1) IN GENERAL- The President is encouraged to pursue
strong programs to reduce the number of MANPADSs worldwide so that
fewer MANPADSs will be available for trade, proliferation, and sale.
(2) REPORTING AND BRIEFING REQUIREMENTS- Not later than
180 days after the date of enactment of this Act, the President shall
transmit to the appropriate congressional committees a report that
contains a detailed description of the status of the programs being
pursued under subsection (a). Annually thereafter until the programs
are no longer needed, the Secretary of State shall brief the
appropriate congressional committees on the status of programs.
(3) FUNDING- There are authorized to be appropriated such sums as may be necessary to carry out this section.
(d) MANPADS Vulnerability Assessments Report-
(1) IN GENERAL- Not later than one year after the date
of enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the Department of
Homeland Security's plans to secure airports and the aircraft arriving
and departing from airports against MANPADSs attacks.
(2) MATTERS TO BE ADDRESSED- The Secretary's report shall address, at a minimum, the following:
(A) The status of the Department's efforts to
conduct MANPADSs vulnerability assessments at United States airports at
which the Department is conducting assessments.
(B) How intelligence is shared between the United
States intelligence agencies and Federal, State, and local law
enforcement to address the MANPADS threat and potential ways to improve
such intelligence sharing.
(C) Contingency plans that the Department has
developed in the event that it receives intelligence indicating a high
threat of a MANPADS attack on aircraft at or near United States
airports.
(D) The feasibility and effectiveness of
implementing public education and neighborhood watch programs in areas
surrounding United States airports in cases in which intelligence
reports indicate there is a high risk of MANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) FORMAT- The report required by this subsection may be submitted in a classified format.
(e) Definitions- In this section, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--
(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) MANPADS- The term `MANPADS' means--
(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than one individual acting as
a crew and portable by several individuals.
Subtitle H--Improving International Standards and Cooperation to Fight Terrorist Financing
SEC. 4111. SENSE OF THE CONGRESS REGARDING SUCCESS IN MULTILATERAL ORGANIZATIONS.
(a) Commendation- The Congress commends the Secretary of
the Treasury for success and leadership in establishing international
standards for fighting terrorist finance through multilateral
organizations, including the Financial Action Task Force (FATF) at the
Organization for Economic Cooperation and Development, the
International Monetary Fund, the International Bank for Reconstruction
and Development, and the regional multilateral development banks.
(b) Policy Guidance- The Congress encourages the Secretary
of the Treasury to direct the United States Executive Director at each
international financial institution to use the voice and vote of the
United States to urge the institution, and encourages the Secretary of
the Treasury to use the voice and vote of the United States in other
multilateral financial policymaking bodies, to--
(1) provide funding for the implementation of FATF anti-money laundering and anti-terrorist financing standards; and
(2) promote economic development in the Middle East.
SEC. 4112. EXPANDED REPORTING REQUIREMENT FOR THE SECRETARY OF THE TREASURY.
(a) In General- Section 1701(b) of the International Financial Institutions Act (22 U.S.C. 262r(b)) is amended--
(1) by striking `and' at the end of paragraph (10); and
(2) by redesignating paragraph (11) as paragraph (12) and inserting after paragraph (10) the following:
`(A) the progress made by the International
Terrorist Finance Coordinating Council in developing policies to be
pursued with the international financial institutions and other
multilateral financial policymaking bodies regarding anti-terrorist
financing initiatives;
`(B) the progress made by the United States in
negotiations with the international financial institutions and other
multilateral financial policymaking bodies to set common anti-terrorist
financing standards;
`(C) the extent to which the international
financial institutions and other multilateral financial policymaking
bodies have adopted anti-terrorist financing standards advocated by the
United States; and
`(D) whether and how the international financial
institutions are contributing to the fight against the financing of
terrorist activities; and'.
(b) Other Multilateral Policymaking Bodies Defined- Section
1701(c) of such Act (22 U.S.C. 262r(c)) is amended by adding at the end
the following:
`(5) OTHER MULTILATERAL FINANCIAL POLICYMAKING BODIES- The term `other multilateral financial policymaking bodies' means--
`(A) the Financial Action Task Force at the Organization for Economic Cooperation and Development;
`(B) the international network of financial intelligence units known as the `Egmont Group';
`(C) the United States, Canada, the United Kingdom,
France, Germany, Italy, Japan, and Russia, when meeting as the Group of
Eight; and
`(D) any other multilateral financial policymaking
group in which the Secretary of the Treasury represents the United
States.'.
SEC. 4113. INTERNATIONAL TERRORIST FINANCE COORDINATING COUNCIL.
(a) Establishment- The Secretary of the Treasury shall
establish and convene an interagency council, to be known as the
`International Terrorist Finance Coordinating Council' (in this section
referred to as the `Council'), which shall advise the Secretary on
policies to be pursued by the United States at meetings of the
international financial institutions and other multilateral financial
policymaking bodies, regarding the development of international
anti-terrorist financing standards.
(A) GENERAL ATTENDEES- The Secretary of the
Treasury (or a representative of the Secretary of the Treasury) and the
Secretary of State (or a representative of the Secretary of State)
shall attend each Council meeting.
(B) OTHER ATTENDEES- The Secretary of the Treasury
shall determine which other officers of the Federal Government shall
attend a Council meeting, on the basis of the issues to be raised for
consideration at the meeting. The Secretary shall include in the
meeting representatives from all relevant Federal agencies with
authority to address the issues.
(2) SCHEDULE- Not less frequently than annually, the
Secretary of the Treasury shall convene Council meetings at such times
as the Secretary deems appropriate, based on the notice, schedule, and
agenda items of the international financial institutions and other
multilateral financial policymaking bodies.
SEC. 4114. DEFINITIONS.
(1) INTERNATIONAL FINANCIAL INSTITUTIONS- The term
`international financial institutions' has the meaning given in section
1701(c)(2) of the International Financial Institutions Act.
(2) OTHER MULTILATERAL FINANCIAL POLICYMAKING BODIES- The term `other multilateral financial policymaking bodies' means--
(A) the Financial Action Task Force at the Organization for Economic Cooperation and Development;
(B) the international network of financial intelligence units known as the `Egmont Group';
(C) the United States, Canada, the United Kingdom,
France, Germany, Italy, Japan, and Russia, when meeting as the Group of
Eight; and
(D) any other multilateral financial policymaking group in which the Secretary of the Treasury represents the United States.
TITLE V--GOVERNMENT RESTRUCTURING
Subtitle A--Faster and Smarter Funding for First Responders
SEC. 5001. SHORT TITLE.
This subtitle may be cited as the `Faster and Smarter Funding for First Responders Act of 2004'.
SEC. 5002. FINDINGS.
The Congress finds the following:
(1) In order to achieve its objective of minimizing the
damage, and assisting in the recovery, from terrorist attacks, the
Department of Homeland Security must play a leading role in assisting
communities to reach the level of preparedness they need to respond to
a terrorist attack.
(2) First responder funding is not reaching the men and
women of our Nation's first response teams quickly enough, and
sometimes not at all.
(3) To reform the current bureaucratic process so that
homeland security dollars reach the first responders who need it most,
it is necessary to clarify and consolidate the authority and procedures
of the Department of Homeland Security that support first responders.
(4) Ensuring adequate resources for the new national
mission of homeland security, without degrading the ability to address
effectively other types of major disasters and emergencies, requires a
discrete and separate grant making process for homeland security funds
for first response to terrorist acts, on the one hand, and for first
responder programs designed to meet pre-September 11 priorities, on the
other.
(5) While a discrete homeland security grant making
process is necessary to ensure proper focus on the unique aspects of
terrorism prevention, preparedness, and response, it is essential that
State and local strategies for utilizing such grants be integrated, to
the greatest extent practicable, with existing State and local
emergency management plans.
(6) Homeland security grants to first responders must
be based on the best intelligence concerning the capabilities and
intentions of our terrorist enemies, and that intelligence must be used
to target resources to the Nation's greatest threats, vulnerabilities,
and consequences.
(7) The Nation's first response capabilities will be
improved by sharing resources, training, planning, personnel, and
equipment among neighboring jurisdictions through mutual aid agreements
and regional cooperation. Such regional cooperation should be
supported, where appropriate, through direct grants from the Department
of Homeland Security.
(8) An essential prerequisite to achieving the Nation's
homeland security objectives for first responders is the establishment
of well-defined national goals for terrorism preparedness. These goals
should delineate the essential capabilities that every jurisdiction in
the United States should possess or to which it should have access.
(9) A national determination of essential capabilities
is needed to identify levels of State and local government terrorism
preparedness, to determine the nature and extent of State and local
first responder needs, to identify the human and financial resources
required to fulfill them, and to direct funding to meet those needs and
to measure preparedness levels on a national scale.
(10) To facilitate progress in achieving, maintaining,
and enhancing essential capabilities for State and local first
responders, the Department of Homeland Security should seek to allocate
homeland security funding for first responders to meet nationwide needs.
(11) Private sector resources and citizen volunteers
can perform critical functions in assisting in preventing and
responding to terrorist attacks, and should be integrated into State
and local planning efforts to ensure that their capabilities and roles
are understood, so as to provide enhanced State and local operational
capability and surge capacity.
(12) Public-private partnerships, such as the
partnerships between the Business Executives for National Security and
the States of New Jersey and Georgia, can be useful to identify and
coordinate private sector support for State and local first responders.
Such models should be expanded to cover all States and territories.
(13) An important aspect of essential capabilities is
measurability, so that it is possible to determine how prepared a State
or local government is now, and what additional steps it needs to take,
in order to respond to acts of terrorism.
(14) The Department of Homeland Security should
establish, publish, and regularly update national voluntary consensus
standards for both equipment and training, in cooperation with both
public and private sector standard setting organizations, to assist
State and local governments in obtaining the equipment and training to
attain the essential capabilities for first response to acts of
terrorism, and to ensure that first responder funds are spent wisely.
SEC. 5003. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by adding at the end the following:
`TITLE XVIII--FUNDING FOR FIRST RESPONDERS
`Sec. 1801. Definitions.
`Sec. 1802. Faster and smarter funding for first responders.
`Sec. 1803. Essential capabilities for first responders.
`Sec. 1804. Task Force on Essential Capabilities for First Responders.
`Sec. 1805. Covered grant eligibility and criteria.
`Sec. 1806. Use of funds and accountability requirements.
`Sec. 1807. National standards for first responder equipment and training.'; and
(2) by adding at the end the following:
`TITLE XVIII--FUNDING FOR FIRST RESPONDERS
`SEC. 1801. DEFINITIONS.
`(1) BOARD- The term `Board' means the First Responder Grants Board established under section 1805(f).
`(2) COVERED GRANT- The term `covered grant' means any grant to which this title applies under section 1802.
`(3) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means any Indian tribe or consortium of Indian tribes that--
`(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
`(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services; and
`(C)(i) is located on, or within 5 miles of, an international border or waterway;
`(ii) is located within 5 miles of a facility within a critical infrastructure sector identified in section 1803(c)(2);
`(iii) is located within or contiguous to one of the 50 largest metropolitan statistical areas in the United States; or
`(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of title 18, United
States Code.
`(4) ELEVATIONS IN THE THREAT ALERT LEVEL- The term
`elevations in the threat alert level' means any designation (including
those that are less than national in scope) that raises the homeland
security threat level to either the highest or second highest threat
level under the Homeland Security Advisory System referred to in
section 201(d)(7).
`(5) EMERGENCY PREPAREDNESS- The term `emergency
preparedness' shall have the same meaning that term has under section
602 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5195a).
`(6) ESSENTIAL CAPABILITIES- The term `essential
capabilities' means the levels, availability, and competence of
emergency personnel, planning, training, and equipment across a variety
of disciplines needed to effectively and efficiently prevent, prepare
for, and respond to acts of terrorism consistent with established
practices.
`(7) FIRST RESPONDER- The term `first responder' shall have the same meaning as the term `emergency response provider'.
`(8) INDIAN TRIBE- The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or community,
including any Alaskan Native village or regional or village corporation
as defined in or established pursuant to the Alaskan Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as
eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
`(9) REGION- The term `region' means--
`(A) any geographic area consisting of all or parts
of 2 or more contiguous States, counties, municipalities, or other
local governments that have a combined population of at least 1,650,000
or have an area of not less than 20,000 square miles, and that, for
purposes of an application for a covered grant, is represented by 1 or
more governments or governmental agencies within such geographic area,
and that is established by law or by agreement of 2 or more such
governments or governmental agencies in a mutual aid agreement; or
`(B) any other combination of contiguous local
government units (including such a combination established by law or
agreement of two or more governments or governmental agencies in a
mutual aid agreement) that is formally certified by the Secretary as a
region for purposes of this Act with the consent of--
`(i) the State or States in which they are
located, including a multi-State entity established by a compact
between two or more States; and
`(ii) the incorporated municipalities, counties, and parishes that they encompass.
`(10) TASK FORCE- The term `Task Force' means the Task
Force on Essential Capabilities for First Responders established under
section 1804.
`SEC. 1802. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
`(a) Covered Grants- This title applies to grants provided
by the Department to States, regions, or directly eligible tribes for
the primary purpose of improving the ability of first responders to
prevent, prepare for, respond to, or mitigate threatened or actual
terrorist attacks, especially those involving weapons of mass
destruction, administered under the following:
`(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State
Homeland Security Grant Program of the Department, or any successor to
such grant program.
`(2) URBAN AREA SECURITY INITIATIVE- The Urban Area
Security Initiative of the Department, or any successor to such grant
program.
`(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The
Law Enforcement Terrorism Prevention Program of the Department, or any
successor to such grant program.
`(4) CITIZEN CORPS PROGRAM- The Citizen Corps Program of the Department, or any successor to such grant program.
`(b) Excluded Programs- This title does not apply to or
otherwise affect the following Federal grant programs or any grant
under such a program:
`(1) NONDEPARTMENT PROGRAMS- Any Federal grant program that is not administered by the Department.
`(2) FIRE GRANT PROGRAMS- The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229, 2229a).
`(3) EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
ACCOUNT GRANTS- The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195 et seq.); the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7701 et seq.).
`SEC. 1803. ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
`(a) Establishment of Essential Capabilities-
`(1) IN GENERAL- For purposes of covered grants, the
Secretary shall establish clearly defined essential capabilities for
State and local government preparedness for terrorism, in consultation
with--
`(A) the Task Force on Essential Capabilities for First Responders established under section 1804;
`(B) the Under Secretaries for Emergency
Preparedness and Response, Border and Transportation Security,
Information Analysis and Infrastructure Protection, and Science and
Technology, and the Director of the Office for Domestic Preparedness;
`(C) the Secretary of Health and Human Services;
`(D) other appropriate Federal agencies;
`(E) State and local first responder agencies and officials; and
`(F) consensus-based standard making organizations
responsible for setting standards relevant to the first responder
community.
`(2) DEADLINES- The Secretary shall--
`(A) establish essential capabilities under
paragraph (1) within 30 days after receipt of the report under section
1804(b); and
`(B) regularly update such essential capabilities as necessary, but not less than every 3 years.
`(3) PROVISION OF ESSENTIAL CAPABILITIES- The Secretary
shall ensure that a detailed description of the essential capabilities
established under paragraph (1) is provided promptly to the States and
to the Congress. The States shall make the essential capabilities
available as necessary and appropriate to local governments within
their jurisdictions.
`(b) Objectives- The Secretary shall ensure that essential
capabilities established under subsection (a)(1) meet the following
objectives:
`(1) SPECIFICITY- The determination of essential
capabilities specifically shall describe the training, planning,
personnel, and equipment that different types of communities in the
Nation should possess, or to which they should have access, in order to
meet the Department's goals for terrorism preparedness based upon--
`(A) the most current risk assessment available by
the Directorate for Information Analysis and Infrastructure Protection
of the threats of terrorism against the United States;
`(B) the types of threats, vulnerabilities,
geography, size, and other factors that the Secretary has determined to
be applicable to each different type of community; and
`(C) the principles of regional coordination and mutual aid among State and local governments.
`(2) FLEXIBILITY- The establishment of essential
capabilities shall be sufficiently flexible to allow State and local
government officials to set priorities based on particular needs, while
reaching nationally determined terrorism preparedness levels within a
specified time period.
`(3) MEASURABILITY- The establishment of essential
capabilities shall be designed to enable measurement of progress
towards specific terrorism preparedness goals.
`(4) COMPREHENSIVENESS- The determination of essential
capabilities for terrorism preparedness shall be made within the
context of a comprehensive State emergency management system.
`(c) Factors To Be Considered-
`(1) IN GENERAL- In establishing essential capabilities
under subsection (a)(1), the Secretary specifically shall consider the
variables of threat, vulnerability, and consequences with respect to
the Nation's population (including transient commuting and tourist
populations) and critical infrastructure. Such consideration shall be
based upon the most current risk assessment available by the
Directorate for Information Analysis and Infrastructure Protection of
the threats of terrorism against the United States.
`(2) CRITICAL INFRASTRUCTURE SECTORS- The Secretary
specifically shall consider threats of terrorism against the following
critical infrastructure sectors in all areas of the Nation, urban and
rural:
`(B) Banking and finance.
`(C) Chemical industries.
`(D) The defense industrial base.
`(I) Postal and shipping.
`(K) Information and telecommunications networks.
The order in which the critical infrastructure sectors
are listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
`(3) TYPES OF THREAT- The Secretary specifically shall
consider the following types of threat to the critical infrastructure
sectors described in paragraph (2), and to populations in all areas of
the Nation, urban and rural:
`(C) Radiological threats.
`(I) Any other threats based on proximity to specific past acts of terrorism or the known activity of any terrorist group.
The order in which the types of threat are listed in
this paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
`(4) CONSIDERATION OF ADDITIONAL FACTORS- In
establishing essential capabilities under subsection (a)(1), the
Secretary shall take into account any other specific threat to a
population (including a transient commuting or tourist population) or
critical infrastructure sector that the Secretary has determined to
exist.
`SEC. 1804. TASK FORCE ON ESSENTIAL CAPABILITIES FOR FIRST RESPONDERS.
`(a) Establishment- To assist the Secretary in establishing
essential capabilities under section 1803(a)(1), the Secretary shall
establish an advisory body pursuant to section 871(a) not later than 60
days after the date of the enactment of this section, which shall be
known as the Task Force on Essential Capabilities for First Responders.
`(1) IN GENERAL- The Task Force shall submit to the
Secretary, not later than 9 months after its establishment by the
Secretary under subsection (a) and every 3 years thereafter, a report
on its recommendations for essential capabilities for preparedness for
terrorism.
`(2) CONTENTS- The report shall--
`(A) include a priority ranking of essential
capabilities in order to provide guidance to the Secretary and to the
Congress on determining the appropriate allocation of, and funding
levels for, first responder needs;
`(B) set forth a methodology by which any State or
local government will be able to determine the extent to which it
possesses or has access to the essential capabilities that States and
local governments having similar risks should obtain;
`(C) describe the availability of national
voluntary consensus standards, and whether there is a need for new
national voluntary consensus standards, with respect to first responder
training and equipment;
`(D) include such additional matters as the
Secretary may specify in order to further the terrorism preparedness
capabilities of first responders; and
`(E) include such revisions to the contents of past
reports as are necessary to take into account changes in the most
current risk assessment available by the Directorate for Information
Analysis and Infrastructure Protection or other relevant information as
determined by the Secretary.
`(3) CONSISTENCY WITH FEDERAL WORKING GROUP- The Task
Force shall ensure that its recommendations for essential capabilities
are, to the extent feasible, consistent with any preparedness goals or
recommendations of the Federal working group established under section
319F(a) of the Public Health Service Act (42 U.S.C. 247d-6(a)).
`(4) COMPREHENSIVENESS- The Task Force shall ensure
that its recommendations regarding essential capabilities for terrorism
preparedness are made within the context of a comprehensive State
emergency management system.
`(5) PRIOR MEASURES- The Task Force shall ensure that
its recommendations regarding essential capabilities for terrorism
preparedness take into account any capabilities that State or local
officials have determined to be essential and have undertaken since
September 11, 2001, to prevent or prepare for terrorist attacks.
`(1) IN GENERAL- The Task Force shall consist of 25
members appointed by the Secretary, and shall, to the extent
practicable, represent a geographic and substantive cross section of
governmental and nongovernmental first responder disciplines from the
State and local levels, including as appropriate--
`(A) members selected from the emergency response
field, including fire service and law enforcement, hazardous materials
response, emergency medical services, and emergency management
personnel (including public works personnel routinely engaged in
emergency response);
`(B) health scientists, emergency and inpatient
medical providers, and public health professionals, including experts
in emergency health care response to chemical, biological,
radiological, and nuclear terrorism, and experts in providing mental
health care during emergency response operations;
`(C) experts from Federal, State, and local
governments, and the private sector, representing standards-setting
organizations, including representation from the voluntary consensus
codes and standards development community, particularly those with
expertise in first responder disciplines; and
`(D) State and local officials with expertise in
terrorism preparedness, subject to the condition that if any such
official is an elected official representing one of the two major
political parties, an equal number of elected officials shall be
selected from each such party.
`(2) COORDINATION WITH THE DEPARTMENT OF HEALTH AND
HEALTH SERVICES- In the selection of members of the Task Force who are
health professionals, including emergency medical professionals, the
Secretary shall coordinate the selection with the Secretary of Health
and Human Services.
`(3) EX OFFICIO MEMBERS- The Secretary and the
Secretary of Health and Human Services shall each designate one or more
officers of their respective Departments to serve as ex officio members
of the Task Force. One of the ex officio members from the Department of
Homeland Security shall be the designated officer of the Federal
Government for purposes of subsection (e) of section 10 of the Federal
Advisory Committee Act (5 App. U.S.C.).
`(d) Applicability of Federal Advisory Committee Act-
Notwithstanding section 871(a), the Federal Advisory Committee Act (5
U.S.C. App.), including subsections (a), (b), and (d) of section 10 of
such Act, and section 552b(c) of title 5, United States Code, shall
apply to the Task Force.
`SEC. 1805. COVERED GRANT ELIGIBILITY AND CRITERIA.
`(a) Grant Eligibility- Any State, region, or directly eligible tribe shall be eligible to apply for a covered grant.
`(b) Grant Criteria- In awarding covered grants, the
Secretary shall assist States and local governments in achieving,
maintaining, and enhancing the essential capabilities for first
responders established by the Secretary under section 1803.
`(c) State Homeland Security Plans-
`(1) SUBMISSION OF PLANS- The Secretary shall require
that any State applying to the Secretary for a covered grant must
submit to the Secretary a 3-year State homeland security plan that--
`(A) demonstrates the extent to which the State has achieved the essential capabilities that apply to the State;
`(B) demonstrates the needs of the State necessary
to achieve, maintain, or enhance the essential capabilities that apply
to the State;
`(C) includes a prioritization of such needs based
on threat, vulnerability, and consequence assessment factors applicable
to the State;
`(D) describes how the State intends--
`(i) to address such needs at the city, county,
regional, tribal, State, and interstate level, including a precise
description of any regional structure the State has established for the
purpose of organizing homeland security preparedness activities funded
by covered grants;
`(ii) to use all Federal, State, and local resources available for the purpose of addressing such needs; and
`(iii) to give particular emphasis to regional
planning and cooperation, including the activities of
multijurisdictional planning agencies governed by local officials, both
within its jurisdictional borders and with neighboring States;
`(E) is developed in consultation with and subject to appropriate comment by local governments within the State; and
`(F) with respect to the emergency preparedness of
first responders, addresses the unique aspects of terrorism as part of
a comprehensive State emergency management plan.
`(2) APPROVAL BY SECRETARY- The Secretary may not award
any covered grant to a State unless the Secretary has approved the
applicable State homeland security plan.
`(d) Consistency With State Plans- The Secretary shall
ensure that each covered grant is used to supplement and support, in a
consistent and coordinated manner, the applicable State homeland
security plan or plans.
`(e) Application for Grant-
`(1) IN GENERAL- Except as otherwise provided in this
subsection, any State, region, or directly eligible tribe may apply for
a covered grant by submitting to the Secretary an application at such
time, in such manner, and containing such information as is required
under this subsection, or as the Secretary may reasonably require.
`(2) DEADLINES FOR APPLICATIONS AND AWARDS- All
applications for covered grants must be submitted at such time as the
Secretary may reasonably require for the fiscal year for which they are
submitted. The Secretary shall award covered grants pursuant to all
approved applications for such fiscal year as soon as practicable, but
not later than March 1 of such year.
`(3) AVAILABILITY OF FUNDS- All funds awarded by the
Secretary under covered grants in a fiscal year shall be available for
obligation through the end of the subsequent fiscal year.
`(4) MINIMUM CONTENTS OF APPLICATION- The Secretary
shall require that each applicant include in its application, at a
minimum--
`(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant needs the covered
grant to meet the essential capabilities for terrorism preparedness
within the State, region, or directly eligible tribe to which the
application pertains;
`(B) a description of how, by reference to the
applicable State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application, including,
where applicable, the amount not passed through under section
1806(g)(1), would assist in fulfilling the essential capabilities
specified in such plan or plans;
`(C) a statement of whether a mutual aid agreement applies to the use of all or any portion of the covered grant funds;
`(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds to regions,
local governments, and Indian tribes;
`(E) if the applicant is a region--
`(i) a precise geographical description of the
region and a specification of all participating and nonparticipating
local governments within the geographical area comprising that region;
`(ii) a specification of what governmental
entity within the region will administer the expenditure of funds under
the covered grant; and
`(iii) a designation of a specific individual to serve as regional liaison;
`(F) a capital budget showing how the applicant intends to allocate and expend the covered grant funds;
`(G) if the applicant is a directly eligible tribe, a designation of a specific individual to serve as the tribal liaison; and
`(H) a statement of how the applicant intends to meet the matching requirement, if any, that applies under section 1806(g)(2).
`(5) REGIONAL APPLICATIONS-
`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional application--
`(i) shall be coordinated with an application submitted by the State or States of which such region is a part;
`(ii) shall supplement and avoid duplication with such State application; and
`(iii) shall address the unique regional
aspects of such region's terrorism preparedness needs beyond those
provided for in the application of such State or States.
`(B) STATE REVIEW AND SUBMISSION- To ensure the
consistency required under subsection (d) and the coordination required
under subparagraph (A) of this paragraph, an applicant that is a region
must submit its application to each State of which any part is included
in the region for review and concurrence prior to the submission of
such application to the Secretary. The regional application shall be
transmitted to the Secretary through each such State within 30 days of
its receipt, unless the Governor of such a State notifies the
Secretary, in writing, that such regional application is inconsistent
with the State's homeland security plan and provides an explanation of
the reasons therefor.
`(C) DISTRIBUTION OF REGIONAL AWARDS- If the
Secretary approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting the
applicable regional application under subparagraph (B), and each such
State shall, not later than the end of the 45-day period beginning on
the date after receiving a regional award, pass through to the region
all covered grant funds or resources purchased with such funds, except
those funds necessary for the State to carry out its responsibilities
with respect to such regional application; Provided That, in no such case shall the State or States pass through to the region less than 80 percent of the regional award.
`(D) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO REGIONS- Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later than 30
days after the expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made available to the
region the required funds and resources in accordance with subparagraph
(C).
`(E) DIRECT PAYMENTS TO REGIONS- If any State fails
to pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award and does not
request or receive an extension of such period under section
1806(h)(2), the region may petition the Secretary to receive directly
the portion of the regional award that is required to be passed through
to such region under subparagraph (C).
`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph (4)(E)(iii) shall--
`(i) coordinate with Federal, State, local,
regional, and private officials within the region concerning terrorism
preparedness;
`(ii) develop a process for receiving input
from Federal, State, local, regional, and private sector officials
within the region to assist in the development of the regional
application and to improve the region's access to covered grants; and
`(iii) administer, in consultation with State,
local, regional, and private officials within the region, covered
grants awarded to the region.
`(6) TRIBAL APPLICATIONS-
`(A) SUBMISSION TO THE STATE OR STATES- To ensure
the consistency required under subsection (d), an applicant that is a
directly eligible tribe must submit its application to each State
within the boundaries of which any part of such tribe is located for
direct submission to the Department along with the application of such
State or States.
`(B) OPPORTUNITY FOR STATE COMMENT- Before awarding
any covered grant to a directly eligible tribe, the Secretary shall
provide an opportunity to each State within the boundaries of which any
part of such tribe is located to comment to the Secretary on the
consistency of the tribe's application with the State's homeland
security plan. Any such comments shall be submitted to the Secretary
concurrently with the submission of the State and tribal applications.
`(C) FINAL AUTHORITY- The Secretary shall have
final authority to determine the consistency of any application of a
directly eligible tribe with the applicable State homeland security
plan or plans, and to approve any application of such tribe. The
Secretary shall notify each State within the boundaries of which any
part of such tribe is located of the approval of an application by such
tribe.
`(D) TRIBAL LIAISON- A tribal liaison designated under paragraph (4)(G) shall--
`(i) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;
`(ii) develop a process for receiving input
from Federal, State, local, regional, and private sector officials to
assist in the development of the application of such tribe and to
improve the tribe's access to covered grants; and
`(iii) administer, in consultation with State, local, regional, and private officials, covered grants awarded to such tribe.
`(E) LIMITATION ON THE NUMBER OF DIRECT GRANTS- The
Secretary may make covered grants directly to not more than 20 directly
eligible tribes per fiscal year.
`(F) TRIBES NOT RECEIVING DIRECT GRANTS- An Indian
tribe that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the State or
States within the boundaries of which any part of such tribe is
located, consistent with the homeland security plan of the State as
described in subsection (c). If a State fails to comply with section
1806(g)(1), the tribe may request payment under section 1806(h)(3) in
the same manner as a local government.
`(7) EQUIPMENT STANDARDS- If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided under
the grant, new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards established by the
Secretary under section 1807(a), the applicant shall include in the
application an explanation of why such equipment or systems will serve
the needs of the applicant better than equipment or systems that meet
or exceed such standards.
`(f) First Responder Grants Board-
`(1) ESTABLISHMENT OF BOARD- The Secretary shall establish a First Responder Grants Board, consisting of--
`(B) the Under Secretary for Emergency Preparedness and Response;
`(C) the Under Secretary for Border and Transportation Security;
`(D) the Under Secretary for Information Analysis and Infrastructure Protection;
`(E) the Under Secretary for Science and Technology; and
`(F) the Director of the Office for Domestic Preparedness.
`(A) IN GENERAL- The Secretary shall be the Chairman of the Board.
`(B) EXERCISE OF AUTHORITIES BY DEPUTY SECRETARY-
The Deputy Secretary of Homeland Security may exercise the authorities
of the Chairman, if the Secretary so directs.
`(3) RANKING OF GRANT APPLICATIONS-
`(A) PRIORITIZATION OF GRANTS- The Board--
`(i) shall evaluate and annually prioritize all
pending applications for covered grants based upon the degree to which
they would, by achieving, maintaining, or enhancing the essential
capabilities of the applicants on a nationwide basis, lessen the threat
to, vulnerability of, and consequences for persons and critical
infrastructure; and
`(ii) in evaluating the threat to persons and
critical infrastructure for purposes of prioritizing covered grants,
shall give greater weight to threats of terrorism based on their
specificity and credibility, including any pattern of repetition.
`(B) MINIMUM AMOUNTS- After evaluating and
prioritizing grant applications under subparagraph (A), the Board shall
ensure that, for each fiscal year--
`(i) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan receives no less than 0.25
percent of the funds available for covered grants for that fiscal year
for purposes of implementing its homeland security plan in accordance
with the prioritization of needs under subsection (c)(1)(C);
`(ii) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan and that meets one or both
of the additional high-risk qualifying criteria under subparagraph (C)
receives no less than 0.45 percent of the funds available for covered
grants for that fiscal year for purposes of implementing its homeland
security plan in accordance with the prioritization of needs under
subsection (c)(1)(C);
`(iii) the Virgin Islands, American Samoa,
Guam, and the Northern Mariana Islands each receives no less than 0.08
percent of the funds available for covered grants for that fiscal year
for purposes of implementing its approved State homeland security plan
in accordance with the prioritization of needs under subsection
(c)(1)(C); and
`(iv) directly eligible tribes collectively
receive no less than 0.08 percent of the funds available for covered
grants for such fiscal year for purposes of addressing the needs
identified in the applications of such tribes, consistent with the
homeland security plan of each State within the boundaries of which any
part of any such tribe is located, except that this clause shall not
apply with respect to funds available for a fiscal year if the
Secretary receives less than 5 applications for such fiscal year from
such tribes under subsection (e)(6)(A) or does not approve at least one
such application.
`(C) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For
purposes of subparagraph (B)(ii), additional high-risk qualifying
criteria consist of--
`(i) having a significant international land border; or
`(ii) adjoining a body of water within North America through which an international boundary line extends.
`(4) EFFECT OF REGIONAL AWARDS ON STATE MINIMUM- Any
regional award, or portion thereof, provided to a State under
subsection (e)(5)(C) shall not be considered in calculating the minimum
State award under paragraph (3)(B) of this subsection.
`(5) FUNCTIONS OF UNDER SECRETARIES- The Under
Secretaries referred to in paragraph (1) shall seek to ensure that the
relevant expertise and input of the staff of their directorates are
available to and considered by the Board.
`SEC. 1806. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
`(a) In General- A covered grant may be used for--
`(1) purchasing or upgrading equipment, including computer software, to enhance terrorism preparedness and response;
`(2) exercises to strengthen terrorism preparedness and response;
`(3) training for prevention (including detection) of,
preparedness for, or response to attacks involving weapons of mass
destruction, including training in the use of equipment and computer
software;
`(4) developing or updating response plans;
`(5) establishing or enhancing mechanisms for sharing terrorism threat information;
`(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic planning,
life-cycle systems design, product and technology evaluation, and
prototype development for terrorism preparedness and response purposes;
`(7) additional personnel costs resulting from--
`(A) elevations in the threat alert level of the
Homeland Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or local
government with the approval of the Secretary;
`(B) travel to and participation in exercises and training in the use of equipment and on prevention activities; and
`(C) the temporary replacement of personnel during
any period of travel to and participation in exercises and training in
the use of equipment and on prevention activities;
`(8) the costs of equipment (including software) required to receive, transmit, handle, and store classified information;
`(9) protecting critical infrastructure against
potential attack by the addition of barriers, fences, gates, and other
such devices, except that the cost of such measures may not exceed the
greater of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total amount of the
covered grant;
`(10) the costs of commercially available interoperable
communications equipment (which, where applicable, is based on
national, voluntary consensus standards) that the Secretary, in
consultation with the Chairman of the Federal Communications
Commission, deems best suited to facilitate interoperability,
coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant
guidance of the Department for interoperable communications;
`(11) educational curricula development for first responders to ensure that they are prepared for terrorist attacks;
`(12) training and exercises to assist public
elementary and secondary schools in developing and implementing
programs to instruct students regarding age-appropriate skills to
prepare for and respond to an act of terrorism;
`(13) paying of administrative expenses directly
related to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant; and
`(14) other appropriate activities as determined by the Secretary.
`(b) Prohibited Uses- Funds provided as a covered grant may not be used--
`(1) to supplant State or local funds;
`(2) to construct buildings or other physical facilities;
`(4) for any State or local government cost sharing contribution.
`(c) Multiple-Purpose Funds- Nothing in this section shall
be construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving essential capabilities for
terrorism preparedness established by the Secretary under section 1803.
`(d) Reimbursement of Costs- In addition to the activities
described in subsection (a), a covered grant may be used to provide a
reasonable stipend to paid-on-call or volunteer first responders who
are not otherwise compensated for travel to or participation in
training covered by this section. Any such reimbursement shall not be
considered compensation for purposes of rendering such a first
responder an employee under the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
`(e) Assistance Requirement- The Secretary may not request
that equipment paid for, wholly or in part, with funds provided as a
covered grant be made available for responding to emergencies in
surrounding States, regions, and localities, unless the Secretary
undertakes to pay the costs directly attributable to transporting and
operating such equipment during such response.
`(f) Flexibility in Unspent Homeland Security Grant Funds-
Upon request by the recipient of a covered grant, the Secretary may
authorize the grantee to transfer all or part of funds provided as the
covered grant from uses specified in the grant agreement to other uses
authorized under this section, if the Secretary determines that such
transfer is in the interests of homeland security.
`(g) State, Regional, and Tribal Responsibilities-
`(1) PASS-THROUGH- The Secretary shall require a
recipient of a covered grant that is a State to obligate or otherwise
make available to local governments, first responders, and other local
groups, to the extent required under the State homeland security plan
or plans specified in the application for the grant, not less than 80
percent of the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of the grant,
or a combination thereof, by not later than the end of the 45-day
period beginning on the date the grant recipient receives the grant
funds.
`(A) IN GENERAL- The Federal share of the costs of
an activity carried out with a covered grant to a State, region, or
directly eligible tribe awarded after the 2-year period beginning on
the date of the enactment of this section shall not exceed 75 percent.
`(B) INTERIM RULE- The Federal share of the costs
of an activity carried out with a covered grant awarded before the end
of the 2-year period beginning on the date of the enactment of this
section shall be 100 percent.
`(C) IN-KIND MATCHING- Each recipient of a covered
grant may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are directly
linked with the purpose for which the grant is made, including, but not
limited to, any necessary personnel overtime, contractor services,
administrative costs, equipment fuel and maintenance, and rental space.
`(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO LOCAL GOVERNMENTS- Any State that receives a covered grant
shall certify to the Secretary, by not later than 30 days after the
expiration of the period described in paragraph (1) with respect to the
grant, that the State has made available for expenditure by local
governments, first responders, and other local groups the required
amount of grant funds pursuant to paragraph (1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING-
The Federal share described in paragraph (2)(A) may be increased by up
to 2 percent for any State, region, or directly eligible tribe that,
not later than 30 days after the end of each fiscal quarter, submits to
the Secretary a report on that fiscal quarter. Each such report must
include, for each recipient of a covered grant or a pass-through under
paragraph (1)--
`(A) the amount obligated to that recipient in that quarter;
`(B) the amount expended by that recipient in that quarter; and
`(C) a summary description of the items purchased by such recipient with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING- Each
recipient of a covered grant shall submit an annual report to the
Secretary not later than 60 days after the end of each fiscal year.
Each recipient of a covered grant that is a region must simultaneously
submit its report to each State of which any part is included in the
region. Each recipient of a covered grant that is a directly eligible
tribe must simultaneously submit its report to each State within the
boundaries of which any part of such tribe is located. Each report must
include the following:
`(A) The amount, ultimate recipients, and dates of
receipt of all funds received under the grant during the previous
fiscal year.
`(B) The amount and the dates of disbursements of
all such funds expended in compliance with paragraph (1) or pursuant to
mutual aid agreements or other sharing arrangements that apply within
the State, region, or directly eligible tribe, as applicable, during
the previous fiscal year.
`(C) How the funds were utilized by each ultimate recipient or beneficiary during the preceding fiscal year.
`(D) The extent to which essential capabilities
identified in the applicable State homeland security plan or plans were
achieved, maintained, or enhanced as the result of the expenditure of
grant funds during the preceding fiscal year.
`(E) The extent to which essential capabilities
identified in the applicable State homeland security plan or plans
remain unmet.
`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a
covered grant may submit to the Secretary an annex to the annual report
under paragraph (5) that is subject to appropriate handling
restrictions, if the recipient believes that discussion in the report
of unmet needs would reveal sensitive but unclassified information.
`(7) PROVISION OF REPORTS- The Secretary shall ensure
that each annual report under paragraph (5) is provided to the Under
Secretary for Emergency Preparedness and Response and the Director of
the Office for Domestic Preparedness.
`(h) Incentives to Efficient Administration of Homeland Security Grants-
`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL
SHARE- If a recipient of a covered grant that is a State fails to pass
through to local governments, first responders, and other local groups
funds or resources required by subsection (g)(1) within 45 days after
receiving funds under the grant, the Secretary may--
`(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to be passed
through under subsection (g)(1);
`(B) terminate payment of funds under the grant to
the recipient, and transfer the appropriate portion of those funds
directly to local first responders that were intended to receive
funding under that grant; or
`(C) impose additional restrictions or burdens on the recipient's use of funds under the grant, which may include--
`(i) prohibiting use of such funds to pay the grant recipient's grant-related overtime or other expenses;
`(ii) requiring the grant recipient to
distribute to local government beneficiaries all or a portion of grant
funds that are not required to be passed through under subsection
(g)(1); or
`(iii) for each day that the grant recipient
fails to pass through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from the portion
of grant funds that is not required to be passed through under
subsection (g)(1), except that the total amount of such reduction may
not exceed 20 percent of the total amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may
request in writing that the Secretary extend the 45-day period under
section 1805(e)(5)(E) or paragraph (1) for an additional 15-day period.
The Secretary may approve such a request, and may extend such period
for additional 15-day periods, if the Secretary determines that the
resulting delay in providing grant funding to the local government
entities that will receive funding under the grant will not have a
significant detrimental impact on such entities' terrorism preparedness
efforts.
`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-
`(A) IN GENERAL- The Secretary may upon request by
a local government pay to the local government a portion of the amount
of a covered grant awarded to a State in which the local government is
located, if--
`(i) the local government will use the amount
paid to expedite planned enhancements to its terrorism preparedness as
described in any applicable State homeland security plan or plans;
`(ii) the State has failed to pass through funds or resources in accordance with subsection (g)(1); and
`(iii) the local government complies with subparagraphs (B) and (C).
`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a local government must demonstrate that--
`(i) it is identified explicitly as an ultimate recipient or intended beneficiary in the approved grant application;
`(ii) it was intended by the grantee to receive
a severable portion of the overall grant for a specific purpose that is
identified in the grant application;
`(iii) it petitioned the grantee for the funds
or resources after expiration of the period within which the funds or
resources were required to be passed through under subsection (g)(1);
and
`(iv) it did not receive the portion of the overall grant that was earmarked or designated for its use or benefit.
`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government under this paragraph--
`(i) shall not affect any payment to another local government under this paragraph; and
`(ii) shall not prejudice consideration of a
request for payment under this paragraph that is submitted by another
local government.
`(D) DEADLINE FOR ACTION BY SECRETARY- The
Secretary shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the request is
received by the Department.
`(i) Reports to Congress- The Secretary shall submit an annual report to the Congress by December 31 of each year--
`(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State, region,
and directly eligible tribe in the preceding fiscal year;
`(2) containing information on the use of such grant funds by grantees; and
`(A) the Nation's progress in achieving,
maintaining, and enhancing the essential capabilities established under
section 1803(a) as a result of the expenditure of covered grant funds
during the preceding fiscal year; and
`(B) an estimate of the amount of expenditures
required to attain across the United States the essential capabilities
established under section 1803(a).
`SEC. 1807. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT AND TRAINING.
`(a) Equipment Standards-
`(1) IN GENERAL- The Secretary, in consultation with
the Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for Domestic
Preparedness, shall, not later than 6 months after the date of
enactment of this section, support the development of, promulgate, and
update as necessary national voluntary consensus standards for the
performance, use, and validation of first responder equipment for
purposes of section 1805(e)(7). Such standards--
`(A) shall be, to the maximum extent practicable, consistent with any existing voluntary consensus standards;
`(B) shall take into account, as appropriate, new
types of terrorism threats that may not have been contemplated when
such existing standards were developed;
`(C) shall be focused on maximizing
interoperability, interchangeability, durability, flexibility,
efficiency, efficacy, portability, sustainability, and safety; and
`(D) shall cover all appropriate uses of the equipment.
`(2) REQUIRED CATEGORIES- In carrying out paragraph
(1), the Secretary shall specifically consider the following categories
of first responder equipment:
`(A) Thermal imaging equipment.
`(B) Radiation detection and analysis equipment.
`(C) Biological detection and analysis equipment.
`(D) Chemical detection and analysis equipment.
`(E) Decontamination and sterilization equipment.
`(F) Personal protective equipment, including garments, boots, gloves, and hoods and other protective clothing.
`(G) Respiratory protection equipment.
`(H) Interoperable communications, including wireless and wireline voice, video, and data networks.
`(I) Explosive mitigation devices and explosive detection and analysis equipment.
`(J) Containment vessels.
`(K) Contaminant-resistant vehicles.
`(L) Such other equipment for which the Secretary determines that national voluntary consensus standards would be appropriate.
`(1) IN GENERAL- The Secretary, in consultation with
the Under Secretaries for Emergency Preparedness and Response and
Science and Technology and the Director of the Office for Domestic
Preparedness, shall support the development of, promulgate, and
regularly update as necessary national voluntary consensus standards
for first responder training carried out with amounts provided under
covered grant programs, that will enable State and local government
first responders to achieve optimal levels of terrorism preparedness as
quickly as practicable. Such standards shall give priority to providing
training to--
`(A) enable first responders to prevent, prepare
for, respond to, and mitigate terrorist threats, including threats from
chemical, biological, nuclear, and radiological weapons and explosive
devices capable of inflicting significant human casualties; and
`(B) familiarize first responders with the proper
use of equipment, including software, developed pursuant to the
standards established under subsection (a).
`(2) REQUIRED CATEGORIES- In carrying out paragraph
(1), the Secretary specifically shall include the following categories
of first responder activities:
`(C) Intelligence collection, analysis, and sharing.
`(D) Emergency notification of affected populations.
`(E) Detection of biological, nuclear, radiological, and chemical weapons of mass destruction.
`(F) Such other activities for which the Secretary
determines that national voluntary consensus training standards would
be appropriate.
`(3) CONSISTENCY- In carrying out this subsection, the
Secretary shall ensure that such training standards are consistent with
the principles of emergency preparedness for all hazards.
`(c) Consultation With Standards Organizations- In
establishing national voluntary consensus standards for first responder
equipment and training under this section, the Secretary shall consult
with relevant public and private sector groups, including--
`(1) the National Institute of Standards and Technology;
`(2) the National Fire Protection Association;
`(3) the National Association of County and City Health Officials;
`(4) the Association of State and Territorial Health Officials;
`(5) the American National Standards Institute;
`(6) the National Institute of Justice;
`(7) the Inter-Agency Board for Equipment Standardization and Interoperability;
`(8) the National Public Health Performance Standards Program;
`(9) the National Institute for Occupational Safety and Health;
`(10) ASTM International;
`(11) the International Safety Equipment Association;
`(12) the Emergency Management Accreditation Program; and
`(13) to the extent the Secretary considers
appropriate, other national voluntary consensus standards development
organizations, other interested Federal, State, and local agencies, and
other interested persons.
`(d) Coordination With Secretary of HHS- In establishing
any national voluntary consensus standards under this section for first
responder equipment or training that involve or relate to health
professionals, including emergency medical professionals, the Secretary
shall coordinate activities under this section with the Secretary of
Health and Human Services.'.
(b) Definition of Emergency Response Providers- Paragraph
(6) of section 2 of the Homeland Security Act of 2002 (Public Law
107-296; 6 U.S.C. 101(6)) is amended by striking `includes' and all
that follows and inserting `includes Federal, State, and local
governmental and nongovernmental emergency public safety, law
enforcement, fire, emergency response, emergency medical (including
hospital emergency facilities), and related personnel, organizations,
agencies, and authorities.'.
(c) Temporary Limitations on Application-
(1) 1-YEAR DELAY IN APPLICATION- The following
provisions of title XVIII of the Homeland Security Act of 2002, as
amended by subsection (a), shall not apply during the 1-year period
beginning on the date of the enactment of this Act:
(A) Subsections (b), (c), and (e)(4)(A) and (B) of section 1805.
(B) In section 1805(f)(3)(A), the phrase `, by enhancing the essential capabilities of the applicants,'.
(2) 2-YEAR DELAY IN APPLICATION- The following
provisions of title XVIII of the Homeland Security Act of 2002, as
amended by subsection (a), shall not apply during the 2-year period
beginning on the date of the enactment of this Act:
(A) Subparagraphs (D) and (E) of section 1806(g)(5).
SEC. 5004. MODIFICATION OF HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 121 et seq.) is
amended by adding at the end the following:
`SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
`(a) In General- The Secretary shall revise the Homeland
Security Advisory System referred to in section 201(d)(7) to require
that any designation of a threat level or other warning shall be
accompanied by a designation of the geographic regions or economic
sectors to which the designation applies.
`(b) Reports- The Secretary shall report to the Congress
annually by not later than December 31 each year regarding the
geographic region-specific warnings and economic sector-specific
warnings issued during the preceding fiscal year under the Homeland
Security Advisory System referred to in section 201(d)(7), and the
bases for such warnings. The report shall be submitted in unclassified
form and may, as necessary, include a classified annex.'.
(b) Clerical Amendment- The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is
amended by inserting after the item relating to section 202 the
following:
`203. Homeland Security Advisory System.'.
SEC. 5005. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public
Law 107-296; 6 U.S.C. 112(f)) is amended by striking `and' after the
semicolon at the end of paragraph (6), by striking the period at the
end of paragraph (7) and inserting `; and', and by adding at the end
the following:
`(8) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to identify private
sector resources and capabilities that could be effective in
supplementing Federal, State, and local government agency efforts to
prevent or respond to a terrorist attack.'.
SEC. 5006. SUPERSEDED PROVISION.
This subtitle supersedes section 1014 of Public Law 107-56.
SEC. 5007. SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS.
(a) Finding- The Congress finds that--
(1) many first responders working in the same
jurisdiction or in different jurisdictions cannot effectively and
efficiently communicate with one another; and
(2) their inability to do so threatens the public's safety and may result in unnecessary loss of lives and property.
(b) Sense of Congress- It is the sense of the Congress that
interoperable emergency communications systems and radios should
continue to be deployed as soon as practicable for use by the first
responder community, and that upgraded and new digital communications
systems and new digital radios must meet prevailing national, voluntary
consensus standards for interoperability.
SEC. 5008. SENSE OF CONGRESS REGARDING CITIZEN CORPS COUNCILS.
(a) Finding- The Congress finds that Citizen Corps councils
help to enhance local citizen participation in terrorism preparedness
by coordinating multiple Citizen Corps programs, developing community
action plans, assessing possible threats, and identifying local
resources.
(b) Sense of Congress- It is the sense of the Congress that
individual Citizen Corps councils should seek to enhance the
preparedness and response capabilities of all organizations
participating in the councils, including by providing funding to as
many of their participating organizations as practicable to promote
local terrorism preparedness programs.
SEC. 5009. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) Study- The Secretary of Homeland Security, in
consultation with the heads of other appropriate Federal agencies and
representatives of providers and participants in the telecommunications
industry, shall conduct a study to determine whether it is
cost-effective, efficient, and feasible to establish and implement an
emergency telephonic alert notification system that will--
(1) alert persons in the United States of imminent or current hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or minimize
threats to their safety and welfare posed by such events.
(b) Technologies to Consider- In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to provide
such notification.
(c) Report- Not later than 9 months after the date of the
enactment of this Act, the Secretary shall submit to the Congress a
report regarding the conclusions of the study.
SEC. 5010. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to prevent,
prepare for, and respond to acts of terrorism and other major disasters
and emergencies among the divisions of the Department of Homeland
Security, including the Directorate of Emergency Preparedness and
Response and the Office for State and Local Government Coordination and
Preparedness.
Subtitle B--Government Reorganization Authority
SEC. 5021. AUTHORIZATION OF INTELLIGENCE COMMUNITY REORGANIZATION PLANS.
(a) Reorganization Plans- Section 903(a)(2) of title 5, United States Code, is amended to read as follows:
`(2) the abolition of all or a part of the functions of an agency;'.
(b) Repeal of Limitations- Section 905 of title 5, United States Code, is amended to read as follows:
`Sec. 905. Limitation on authority.
`The authority to submit reorganization plans under this chapter is limited to the following organizational units:
`(1) The Office of the National Intelligence Director.
`(2) The Central Intelligence Agency.
`(3) The National Security Agency.
`(4) The Defense Intelligence Agency.
`(5) The National Geospatial-Intelligence Agency.
`(6) The National Reconnaissance Office.
`(7) Other offices within the Department of Defense for
the collection of specialized national intelligence through
reconnaissance programs.
`(8) The intelligence elements of the Army, the Navy,
the Air Force, the Marine Corps, the Federal Bureau of Investigation,
and the Department of Energy.
`(9) The Bureau of Intelligence and Research of the Department of State.
`(10) The Office of Intelligence Analysis of the Department of Treasury.
`(11) The elements of the Department of Homeland
Security concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
`(12) Such other elements of any other department or
agency as may be designated by the President, or designated jointly by
the National Intelligence Director and the head of the department or
agency concerned, as an element of the intelligence community.'.
(c) Reorganization Plans- 903(a) of title 5, United States Code, is amended--
(1) in paragraph (5), by striking `or' after the semicolon;
(2) in paragraph (6), by striking the period and inserting `; or'; and
(3) by inserting after paragraph (6) the following:
`(7) the creation of an agency.'.
(d) Application of Chapter- Chapter 9 of title 5, United States Code, is amended by adding at the end the following:
`Sec. 913. Application of chapter
`This chapter shall apply to any reorganization plan
transmitted to Congress in accordance with section 903(b) on or after
the date of enactment of this section.'.
(e) Technical and Conforming Amendments-
(1) TABLE OF SECTIONS- The table of sections for
chapter 9 of title 5, United States Code, is amended by adding after
the item relating to section 912 the following:
`913. Application of chapter.'.
(2) REFERENCES- Chapter 9 of title 5, United States Code, is amended--
(A) in section 908(1), by striking `on or before
December 31, 1984'; and (B) in section 910, by striking `Government
Operations' each place it appears and inserting `Government Reform'.
(3) DATE MODIFICATION- Section 909 of title 5, United
States Code, is amended in the first sentence by striking `19' and
inserting `20'.
Subtitle C--Restructuring Relating to the Department of Homeland Security and Congressional Oversight
SEC. 5025. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) AMENDMENT- Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
`SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
`(a) OFFICE- There shall be in the Department an Office of
Counternarcotics Enforcement, which shall be headed by a Director
appointed by the President, by and with the advice and consent of the
Senate.
`(b) ASSIGNMENT OF PERSONNEL- (1) The Secretary shall
assign to the Office permanent staff and other appropriate personnel
detailed from other subdivisions of the Department to carry out
responsibilities under this section.
`(2) The Secretary shall designate senior employees from
each appropriate subdivision of the Department that has significant
counternarcotics responsibilities to act as a liaison between that
subdivision and the Office of Counternarcotics Enforcement.
`(c) LIMITATION ON CONCURRENT EMPLOYMENT- Except as
provided in subsection (d), the Director of the Office of
Counternarcotics Enforcement shall not be employed by, assigned to, or
serve as the head of, any other branch of the Federal Government, any
State or local government, or any subdivision of the Department other
than the Office of Counternarcotics Enforcement.
`(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
COORDINATOR- The Director of the Office of Counternarcotics Enforcement
may be appointed as the United States Interdiction Coordinator by the
Director of the Office of National Drug Control Policy, and shall be
the only person at the Department eligible to be so appointed.
`(e) RESPONSIBILITIES- The Secretary shall direct the Director of the Office of Counternarcotics Enforcement--
`(1) to coordinate policy and operations within the
Department, between the Department and other Federal departments and
agencies, and between the Department and State and local agencies with
respect to stopping the entry of illegal drugs into the United States;
`(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United States;
`(3) to recommend the appropriate financial and
personnel resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the United
States;
`(4) to track and sever connections between illegal drug trafficking and terrorism; and
`(5) to be a representative of the Department on all
task forces, committees, or other entities whose purpose is to
coordinate the counternarcotics enforcement activities of the
Department and other Federal, state or local agencies.
`(f) REPORTS TO CONGRESS-
`(1) ANNUAL BUDGET REVIEW- The Director of the Office
of Counternarcotics Enforcement shall, not later than 30 days after the
submission by the President to Congress of any request for expenditures
for the Department, submit to the Committees on Appropriations and the
authorizing committees of jurisdiction of the House of Representatives
and the Senate a review and evaluation of such request. The review and
evaluation shall--
`(A) identify any request or subpart of any request
that affects or may affect the counternarcotics activities of the
Department or any of its subdivisions, or that affects the ability of
the Department or any subdivision of the Department to meet its
responsibility to stop the entry of illegal drugs into the United
States;
`(B) describe with particularity how such requested
funds would be or could be expended in furtherance of counternarcotics
activities; and
`(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
`(2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES- The
Director of the Office of Counternarcotics Enforcement shall, not later
than February 1 of each year, submit to the Committees on
Appropriations and the authorizing committees of jurisdiction of the
House of Representatives and the Senate a review and evaluation of the
counternarcotics activities of the Department for the previous fiscal
year. The review and evaluation shall--
`(A) describe the counternarcotics activities of
the Department and each subdivision of the Department (whether
individually or in cooperation with other subdivisions of the
Department, or in cooperation with other branches of the Federal
Government or with State or local agencies), including the methods,
procedures, and systems (including computer systems) for collecting,
analyzing, sharing, and disseminating information concerning narcotics
activity within the Department and between the Department and other
Federal, State, and local agencies;
`(B) describe the results of those activities, using quantifiable data whenever possible;
`(C) state whether those activities were sufficient
to meet the responsibility of the Department to stop the entry of
illegal drugs into the United States, including a description of the
performance measures of effectiveness that were used in making that
determination; and
`(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department in meeting its
responsibility to stop the entry of illegal drugs into the United
States.
`(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE
INFORMATION- Any content of a review and evaluation described in the
reports required in this subsection that involves information
classified under criteria established by an Executive order, or whose
public disclosure, as determined by the Secretary, would be detrimental
to the law enforcement or national security activities of the
Department or any other Federal, State, or local agency, shall be
presented to Congress separately from the rest of the review and
evaluation.'.
(b) CONFORMING AMENDMENT- Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
(2) by inserting after paragraph (7) the following new paragraph (8):
`(8) A Director of the Office of Counternarcotics Enforcement.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Of the amounts
appropriated for the Department of Homeland Security for Departmental
management and operations for fiscal year 2005, there is authorized up
to $6,000,000 to carry out section 878 of the Department of Homeland
Security Act of 2002 (as amended by this section).
SEC. 5026. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General- Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 and following) is amended by adding
at the end the following:
`SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
`(a) In General- Each subdivision of the Department that is
a National Drug Control Program Agency shall include as one of the
criteria in its performance appraisal system, for each employee
directly or indirectly involved in the enforcement of Federal, State,
or local narcotics laws, the performance of that employee with respect
to the enforcement of Federal, State, or local narcotics laws, relying
to the greatest extent practicable on objective performance measures,
including--
`(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State, or local
narcotics laws; and
`(2) the degree to which that employee cooperated with
or contributed to the efforts of other employees, either within the
Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
`(b) Definitions- For purposes of this section--
`(1) the term `National Drug Control Program Agency' means--
`(A) a National Drug Control Program Agency, as
defined in section 702(7) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (as last in effect); and
`(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by--
`(i) the counternarcotics officer, appointed under section 878; or
`(ii) if applicable, the counternarcotics officer's successor in function (as determined by the Secretary); and
`(2) the term `performance appraisal system' means a
system under which periodic appraisals of job performance of employees
are made, whether under chapter 43 of title 5, United States Code, or
otherwise.'.
(b) Clerical Amendment- The table of contents for the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 842 the following:
`Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals.'.
SEC. 5027. SENSE OF THE HOUSE OF REPRESENTATIVES ON ADDRESSING HOMELAND SECURITY FOR THE AMERICAN PEOPLE.
(a) Findings- The House of Representatives finds that--
(1) the House of Representatives created a Select
Committee on Homeland Security at the start of the 108th Congress to
provide for vigorous congressional oversight for the implementation and
operation of the Department of Homeland Security;
(2) the House of Representatives also charged the
Select Committee on Homeland Security, including its Subcommittee on
Rules, with undertaking a thorough and complete study of the operation
and implementation of the rules of the House, including the rule
governing committee jurisdiction, with respect to the issue of homeland
security and to make their recommendations to the Committee on Rules;
(3) on February 11, 2003, the Committee on
Appropriations of the House of Representatives created a new
Subcommittee on Homeland Security with jurisdiction over the
Transportation Security Administration, the Coast Guard, and other
entities within the Department of Homeland Security to help address the
integration of the Department of Homeland Security's 22 legacy
agencies; and
(4) during the 108th Congress, the House of
Representatives has taken several steps to help ensure its continuity
in the event of a terrorist attack, including--
(A) adopting H.R. 2844, the Continuity of
Representation Act, a bill to require States to hold expedited special
elections to fill vacancies in the House of Representatives not later
than 45 days after the vacancy is announced by the Speaker in
extraordinary circumstances;
(B) granting authority for joint-leadership recalls from a period of adjournment to an alternate place;
(C) allowing for anticipatory consent with the Senate to assemble in an alternate place;
(D) establishing the requirement that the Speaker
submit to the Clerk a list of Members in the order in which each shall
act as Speaker pro tempore in the case of a vacancy in the Office of
Speaker (including physical inability of the Speaker to discharge his
duties) until the election of a Speaker or a Speaker pro tempore,
exercising such authorities of the Speaker as may be necessary and
appropriate to that end;
(E) granting authority for the Speaker to declare
an emergency recess of the House subject to the call of the Chair when
notified of an imminent threat to the safety of the House;
(F) granting authority for the Speaker, during any
recess or adjournment of not more than three days, in consultation with
the Minority Leader, to postpone the time for reconvening or to
reconvene before the time previously appointed solely to declare the
House in recess, in each case within the constitutional three-day limit;
(G) establishing the authority for the Speaker to convene the House in an alternate place within the seat of Government; and
(H) codifying the long-standing practice that the
death, resignation, expulsion, disqualification, or removal of a Member
results in an adjustment of the quorum of the House, which the Speaker
shall announce to the House and which shall not be subject to appeal.
(b) Sense of the House- It is the sense of the House of
Representatives that the Committee on Rules should act upon the
recommendations provided by the Select Committee on Homeland Security,
and other committees of existing jurisdiction, regarding the
jurisdiction over proposed legislation, messages, petitions, memorials
and other matters relating to homeland security prior to or at the
start of the 109th Congress.
Subtitle D--Improvements to Information Security
SEC. 5031. AMENDMENTS TO CLINGER-COHEN PROVISIONS TO ENHANCE AGENCY PLANNING FOR INFORMATION SECURITY NEEDS.
Chapter 113 of title 40, United States Code, is amended--
(1) in section 11302(b), by inserting `security,' after `use,';
(2) in section 11302(c), by inserting `, including information security risks,' after `risks' both places it appears;
(3) in section 11312(b)(1), by striking `information
technology investments' and inserting `investments in information
technology (including information security needs)'; and
(4) in section 11315(b)(2), by inserting `, secure,' after `sound'.
Subtitle E--Personnel Management Improvements
CHAPTER 1--APPOINTMENTS PROCESS REFORM
SEC. 5041. APPOINTMENTS TO NATIONAL SECURITY POSITIONS.
(a) DEFINITION OF NATIONAL SECURITY POSITION- For purposes
of this section, the term `national security position' shall include--
(1) those positions that involve activities of the
United States Government that are concerned with the protection of the
Nation from foreign aggression, terrorism, or espionage, including
development of defense plans or policies, intelligence or
counterintelligence activities, and related activities concerned with
the preservation of military strength of the United States and
protection of the homeland; and
(2) positions that require regular use of, or access to, classified information.
(b) PUBLICATION IN THE FEDERAL REGISTER- Not later than 60
days after the effective date of this section, the Director of the
Office of Personnel Management shall publish in the Federal Register a
list of offices that constitute national security positions under
section (a) for which Senate confirmation is required by law, and the
Director shall revise such list from time to time as appropriate.
(c) PRESIDENTIAL APPOINTMENTS- (1) With respect to
appointment of individuals to offices identified under section (b) and
listed in sections 5315 or 5316 of title 5, United States Code, which
shall arise after the publication of the list required by section (b),
and notwithstanding any other provision of law, the advice and consent
of the Senate shall not be required, but rather such appointment shall
be made by the President alone.
(2) With respect to appointment of individuals to offices
identified under section (b) and listed in sections 5313 or 5314 of
title 5, United States Code, which shall arise after the publication of
the list required by section (b), and notwithstanding any other
provision of law, the advice and consent of the Senate shall be
required, except that if 30 legislative days shall have expired from
the date on which a nomination is submitted to the Senate without a
confirmation vote occurring in the Senate, such appointment shall be
made by the President alone.
(3) For the purposes of this subsection, the term `legislative day' means a day on which the Senate is in session.
SEC. 5042. PRESIDENTIAL INAUGURAL TRANSITIONS.
Subsections (a) and (b) of section 3349a of title 5, United States Code, are amended to read as follows:
`(a) As used in this section--
`(1) the term `inauguration day' means the date on which any person swears or affirms the oath of office as President; and
`(2) the term `specified national security position'
shall mean not more than 20 positions requiring Senate confirmation,
not to include more than 3 heads of Executive Departments, which are
designated by the President on or after an inauguration day as
positions for which the duties involve substantial responsibility for
national security.
`(b) With respect to any vacancy that exists during the
60-day period beginning on an inauguration day, except where the person
swearing or affirming the oath of office was the President on the date
preceding the date of swearing or affirming such oath of office, the
210-day period under section 3346 or 3348 shall be deemed to begin on
the later of the date occurring--
`(1) 90 days after such transitional inauguration day; or
`(2) 90 days after the date on which the vacancy occurs.
`(c) With respect to any vacancy in any specified national
security position that exists during the 60-day period beginning on an
inauguration day, the requirements of subparagraphs (A) and (B) of
section 3345(a)(3) shall not apply.'.
SEC. 5043. PUBLIC FINANCIAL DISCLOSURE FOR THE INTELLIGENCE COMMUNITY.
(a) In General- The Ethics in Government Act of 1978 (5 U.S.C. App.) is amended by inserting before title IV the following:
`TITLE III--INTELLIGENCE PERSONNEL FINANCIAL DISCLOSURE REQUIREMENTS
`SEC. 301. PERSONS REQUIRED TO FILE.
`(a) Within 30 days of assuming the position of an officer
or employee described in subsection (e), an individual shall file a
report containing the information described in section 302(b) unless
the individual has left another position described in subsection (e)
within 30 days prior to assuming such new position or has already filed
a report under this title with respect to nomination for the new
position or as a candidate for the position.
`(b)(1) Within 5 days of the transmittal by the President
to the Senate of the nomination of an individual to a position in the
executive branch, appointment to which requires the advice and consent
of the Senate, such individual shall file a report containing the
information described in section 302(b). Such individual shall, not
later than the date of the first hearing to consider the nomination of
such individual, make current the report filed pursuant to this
paragraph by filing the information required by section 302(a)(1)(A)
with respect to income and honoraria received as of the date which
occurs 5 days before the date of such hearing. Nothing in this Act
shall prevent any congressional committee from requesting, as a
condition of confirmation, any additional financial information from
any Presidential nominee whose nomination has been referred to that
committee.
`(2) An individual whom the President or the
President-elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at any time
after that public announcement, but not later than is required under
the first sentence of such paragraph.
`(c) Any individual who is an officer or employee described
in subsection (e) during any calendar year and performs the duties of
his position or office for a period in excess of 60 days in that
calendar year shall file on or before May 15 of the succeeding year a
report containing the information described in section 302(a).
`(d) Any individual who occupies a position described in
subsection (e) shall, on or before the 30th day after termination of
employment in such position, file a report containing the information
described in section 302(a) covering the preceding calendar year if the
report required by subsection (c) has not been filed and covering the
portion of the calendar year in which such termination occurs up to the
date the individual left such office or position, unless such
individual has accepted employment in or takes the oath of office for
another position described in subsection (e) or section 101(f).
`(e) The officers and employees referred to in subsections (a), (c), and (d) are those employed in or under--
`(1) the Office of the National Intelligence Director; or
`(2) an element of the intelligence community, as
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
`(f)(1) Reasonable extensions of time for filing any report
may be granted under procedures prescribed by the Office of Government
Ethics, but the total of such extensions shall not exceed 90 days.
`(2)(A) In the case of an individual who is serving in the
Armed Forces, or serving in support of the Armed Forces, in an area
while that area is designated by the President by Executive order as a
combat zone for purposes of section 112 of the Internal Revenue Code of
1986, the date for the filing of any report shall be extended so that
the date is 180 days after the later of--
`(i) the last day of the individual's service in such area during such designated period; or
`(ii) the last day of the individual's
hospitalization as a result of injury received or disease contracted
while serving in such area.
`(B) The Office of Government Ethics, in consultation with
the Secretary of Defense, may prescribe procedures under this paragraph.
`(g) The Director of the Office of Government Ethics may
grant a publicly available request for a waiver of any reporting
requirement under this title with respect to an individual if the
Director determines that--
`(1) such individual is not a full-time employee of the Government;
`(2) such individual is able to provide special services needed by the Government;
`(3) it is unlikely that such individual's outside employment or financial interests will create a conflict of interest; and
`(4) public financial disclosure by such individual is not necessary in the circumstances.
`(h)(1) The Director of the Office of Government Ethics may
establish procedures under which an incoming individual can take
actions to avoid conflicts of interest while in office if the
individual has holdings or other financial interests that raise
conflict concerns.
`(2) The actions referenced in paragraph (1) may include,
but are not limited to, signed agreements with the individual's
employing agency, the establishment of blind trusts, or requirements
for divesting interests or holdings while in office.
`SEC. 302. CONTENTS OF REPORTS.
`(a) Each report filed pursuant to section 301 (c) and (d)
shall include a full and complete statement with respect to the
following:
`(1)(A) The source, description, and category of value
of income (other than income referred to in subparagraph (B)) from any
source (other than from current employment by the United States
Government), received during the preceding calendar year, aggregating
more than $500 in value, except that honoraria received during
Government service by an officer or employee shall include, in addition
to the source, the exact amount and the date it was received.
`(B) The source and description of investment income
which may include but is not limited to dividends, rents, interest, and
capital gains, received during the preceding calendar year which
exceeds $500 in amount or value.
`(C) The categories for reporting the amount for income covered in subparagraphs (A) and (B) are--
`(i) greater than $500 but not more than $20,000;
`(ii) greater than $20,000 but not more than $100,000;
`(iii) greater than $100,000 but not more than $1,000,000;
`(iv) greater than $1,000,000 but not more than $2,500,000; and
`(v) greater than $2,500,000.
`(2)(A) The identity of the source, a brief
description, and the value of all gifts aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater, received from any source
other than a relative of the reporting individual during the preceding
calendar year, except that any food, lodging, or entertainment received
as personal hospitality of an individual need not be reported, and any
gift with a fair market value of $100 or less, as adjusted at the same
time and by the same percentage as the minimal value is adjusted, need
not be aggregated for purposes of this subparagraph.
`(B) The identity of the source and a brief description
(including dates of travel and nature of expenses provided) of
reimbursements received from any source aggregating more than the
minimal value as established by section 7342(a)(5) of title 5, United
States Code, or $250, whichever is greater and received during the
preceding calendar year.
`(3) The identity and category of value of any interest
in property held during the preceding calendar year in a trade or
business, or for investment or the production of income, which has a
fair market value which exceeds $5,000 as of the close of the preceding
calendar year, excluding any personal liability owed to the reporting
individual by a spouse, or by a parent, brother, sister, or child of
the reporting individual or of the reporting individual's spouse, or
any deposit accounts aggregating $100,000 or less in a financial
institution, or any Federal Government securities aggregating $100,000
or less.
`(4) The identity and category of value of the total
liabilities owed to any creditor other than a spouse, or a parent,
brother, sister, or child of the reporting individual or of the
reporting individual's spouse which exceed $20,000 at any time during
the preceding calendar year, excluding--
`(A) any mortgage secured by real property which is a personal residence of the reporting individual or his spouse; and
`(B) any loan secured by a personal motor vehicle,
household furniture, or appliances, which loan does not exceed the
purchase price of the item which secures it.
With respect to revolving charge accounts, only those
with an outstanding liability which exceeds $20,000 as of the close of
the preceding calendar year need be reported under this paragraph.
Notwithstanding the preceding sentence, individuals required to file
pursuant to section 301(b) shall also report the aggregate sum of the
outstanding balances of all revolving charge accounts as of any date
that is within 30 days of the date of filing if the aggregate sum of
those balances exceeds $20,000.
`(5) Except as provided in this paragraph, a brief
description of any real property, other than property used solely as a
personal residence of the reporting individual or his spouse, or
stocks, bonds, commodities futures, and other forms of securities, if--
`(A) purchased, sold, or exchanged during the preceding calendar year;
`(B) the value of the transaction exceeded $5,000; and
`(C) the property or security is not already
required to be reported as a source of income pursuant to paragraph
(1)(B) or as an asset pursuant to paragraph (3).
`(6)(A) The identity of all positions held on or before
the date of filing during the current calendar year (and, for the first
report filed by an individual, during the 1-year period preceding such
calendar year) as an officer, director, trustee, partner, proprietor,
representative, employee, or consultant of any corporation, company,
firm, partnership, or other business enterprise, any nonprofit
organization, any labor organization, or any educational or other
institution other than the United States Government. This subparagraph
shall not require the reporting of positions held in any religious,
social, fraternal, or political entity and positions solely of an
honorary nature.
`(B) If any person, other than a person reported as a
source of income under paragraph (1)(A) or the United States
Government, paid a nonelected reporting individual compensation in
excess of $25,000 in the calendar year in which, or the calendar year
prior to the calendar year in which, the individual files his first
report under this title, the individual shall include in the report--
`(i) the identity of each source of such compensation; and
`(ii) a brief description of the nature of the
duties performed or services rendered by the reporting individual for
each such source.
The preceding sentence shall not require any individual to
include in such report any information which is considered confidential
as a result of a privileged relationship, established by law, between
such individual and any person or any information which the person for
whom the services are provided has a reasonable expectation of privacy,
nor shall it require an individual to report any information with
respect to any person for whom services were provided by any firm or
association of which such individual was a member, partner, or employee
unless such individual was directly involved in the provision of such
services.
`(7) A description of parties to and terms of any
agreement or arrangement with respect to (A) future employment; (B) a
leave of absence during the period of the reporting individual's
Government service; (C) continuation of payments by a former employer
other than the United States Government; and (D) continuing
participation in an employee welfare or benefit plan maintained by a
former employer. The description of any formal agreement for future
employment shall include the date on which that agreement was entered
into.
`(8) The category of the total cash value of any interest of the reporting individual in a qualified blind trust.
`(b)(1) Each report filed pursuant to subsections (a) and
(b) of section 301 shall include a full and complete statement with
respect to the information required by--
`(A) paragraphs (1) and (6) of subsection (a) for the year of filing and the preceding calendar year,
`(B) paragraphs (3) and (4) of subsection (a) as of the
date specified in the report but which is less than 31 days before the
filing date, and
`(C) paragraph (7) of subsection (a) as of the filing date but for periods described in such paragraph.
`(2)(A) In lieu of filling out 1 or more schedules of a
financial disclosure form, an individual may supply the required
information in an alternative format, pursuant to either rules adopted
by the Office of Government Ethics or pursuant to a specific written
determination by the Director of the Office of Government Ethics for a
reporting individual.
`(B) In lieu of indicating the category of amount or value
of any item contained in any report filed under this title, a reporting
individual may indicate the exact dollar amount of such item.
`(c)(1) In the case of any individual referred to in
section 301(c), the Office of Government Ethics may by regulation
require a reporting period to include any period in which the
individual served as an officer or employee described in section 301(e)
and the period would not otherwise be covered by any public report
filed pursuant to this title.
`(2) In the case of any individual referred to in section
301(d), any reference to the preceding calendar year shall be
considered also to include that part of the calendar year of filing up
to the date of the termination of employment.
`(d)(1) The categories for reporting the amount or value of the items covered in subsection (a)(3) are--
`(A) greater than $5,000 but not more than $15,000;
`(B) greater than $15,000 but not more than $100,000;
`(C) greater than $100,000 but not more than $1,000,000;
`(D) greater than $1,000,000 but not more than $2,500,000; and
`(E) greater than $2,500,000.
`(2) For the purposes of subsection (a)(3) if the current
value of an interest in real property (or an interest in a real estate
partnership) is not ascertainable without an appraisal, an individual
may list (A) the date of purchase and the purchase price of the
interest in the real property, or (B) the assessed value of the real
property for tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but such individual shall
include in his report a full and complete description of the method
used to determine such assessed value, instead of specifying a category
of value pursuant to paragraph (1). If the current value of any other
item required to be reported under subsection (a)(3) is not
ascertainable without an appraisal, such individual may list the book
value of a corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an individually
owned business, or with respect to other holdings, any recognized
indication of value, but such individual shall include in his report a
full and complete description of the method used in determining such
value. In lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax purposes,
adjusted to reflect the market value of the item used for the
assessment if the assessed value is computed at less than 100 percent
of such market value, but a full and complete description of the method
used in determining such assessed value shall be included in the report.
`(3) The categories for reporting the amount or value of the items covered in paragraphs (4) and (8) of subsection (a) are--
`(A) greater than $20,000 but not more than $100,000;
`(B) greater than $100,000 but not more than $500,000;
`(C) greater than $500,000 but not more than $1,000,000; and
`(D) greater than $1,000,000.
`(e)(1) Except as provided in subparagraph (F), each report
required by section 301 shall also contain information listed in
paragraphs (1) through (5) of subsection (a) respecting the spouse or
dependent child of the reporting individual as follows:
`(A) The sources of earned income earned by a spouse
including honoraria which exceed $500 except that, with respect to
earned income if the spouse is self-employed in business or a
profession, only the nature of such business or profession need be
reported.
`(B) All information required to be reported in
subsection (a)(1)(B) with respect to investment income derived by a
spouse or dependent child.
`(C) In the case of any gifts received by a spouse or
dependent child which are not received totally independent of the
relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of gifts
of transportation, lodging, food, or entertainment and a brief
description and the value of other gifts.
`(D) In the case of any reimbursements received by a
spouse or dependent child which are not received totally independent of
the relationship of the spouse or dependent child to the reporting
individual, the identity of the source and a brief description of each
such reimbursement.
`(E) In the case of items described in paragraphs (3)
through (5) of subsection (a), all information required to be reported
under these paragraphs other than items which the reporting individual
certifies (i) represent the spouse's or dependent child's sole
financial interest or responsibility and which the reporting individual
has no knowledge of, (ii) are not in any way, past or present, derived
from the income, assets, or activities of the reporting individual, and
(iii) that he neither derives, nor expects to derive, any financial or
economic benefit.
`(F) Reports required by subsections (a), (b), and (c)
of section 301 shall, with respect to the spouse and dependent child of
the reporting individual, only contain information listed in paragraphs
(1), (3), and (4) of subsection (a).
`(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with the
intention of terminating the marriage or providing for permanent
separation, or with respect to any income or obligations of an
individual arising from the dissolution of his marriage or the
permanent separation from his spouse.
`(f)(1) Except as provided in paragraph (2), each reporting
individual shall report the information required to be reported
pursuant to subsections (a), (b), and (c) with respect to the holdings
of and the income from a trust or other financial arrangement from
which income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual, his
spouse, or any dependent child.
`(2) A reporting individual need not report the holdings of or the source of income from any of the holdings of--
`(A) any qualified blind trust (as defined in paragraph (3));
`(i) which was not created directly by such individual, his spouse, or any dependent child, and
`(ii) the holdings or sources of income of which such individual, his spouse, and any dependent child have no knowledge; or
`(C) an entity described under the provisions of
paragraph (8), but such individual shall report the category of the
amount of income received by him, his spouse, or any dependent child
from the entity under subsection (a)(1)(B).
`(3) For purposes of this subsection, the term `qualified
blind trust' includes any trust in which a reporting individual, his
spouse, or any minor or dependent child has a beneficial interest in
the principal or income, and which meets the following requirements:
`(A)(i) The trustee of the trust and any other entity
designated in the trust instrument to perform fiduciary duties is a
financial institution, an attorney, a certified public accountant, a
broker, or an investment advisor who--
`(I) is independent of and not associated with any
interested party so that the trustee or other person cannot be
controlled or influenced in the administration of the trust by any
interested party;
`(II) is not and has not been an employee of or
affiliated with any interested party and is not a partner of, or
involved in any joint venture or other investment with, any interested
party; and
`(III) is not a relative of any interested party.
`(ii) Any officer or employee of a trustee or other entity who is involved in the management or control of the trust--
`(I) is independent of and not associated with any
interested party so that such officer or employee cannot be controlled
or influenced in the administration of the trust by any interested
party;
`(II) is not a partner of, or involved in any joint venture or other investment with, any interested party; and
`(III) is not a relative of any interested party.
`(B) Any asset transferred to the trust by an
interested party is free of any restriction with respect to its
transfer or sale unless such restriction is expressly approved by the
Office of Government Ethics.
`(C) The trust instrument which establishes the trust provides that--
`(i) except to the extent provided in subparagraph
(B), the trustee in the exercise of his authority and discretion to
manage and control the assets of the trust shall not consult or notify
any interested party;
`(ii) the trust shall not contain any asset the
holding of which by an interested party is prohibited by any law or
regulation;
`(iii) the trustee shall promptly notify the
reporting individual and the Office of Government Ethics when the
holdings of any particular asset transferred to the trust by any
interested party are disposed of or when the value of such holding is
less than $1,000;
`(iv) the trust tax return shall be prepared by the
trustee or his designee, and such return and any information relating
thereto (other than the trust income summarized in appropriate
categories necessary to complete an interested party's tax return),
shall not be disclosed to any interested party;
`(v) an interested party shall not receive any
report on the holdings and sources of income of the trust, except a
report at the end of each calendar quarter with respect to the total
cash value of the interest of the interested party in the trust or the
net income or loss of the trust or any reports necessary to enable the
interested party to complete an individual tax return required by law
or to provide the information required by subsection (a)(1) of this
section, but such report shall not identify any asset or holding;
`(vi) except for communications which solely
consist of requests for distributions of cash or other unspecified
assets of the trust, there shall be no direct or indirect communication
between the trustee and an interested party with respect to the trust
unless such communication is in writing and unless it relates only (I)
to the general financial interest and needs of the interested party
(including, but not limited to, an interest in maximizing income or
long-term capital gain), (II) to the notification of the trustee of a
law or regulation subsequently applicable to the reporting individual
which prohibits the interested party from holding an asset, which
notification directs that the asset not be held by the trust, or (III)
to directions to the trustee to sell all of an asset initially placed
in the trust by an interested party which in the determination of the
reporting individual creates a conflict of interest or the appearance
thereof due to the subsequent assumption of duties by the reporting
individual (but nothing herein shall require any such direction); and
`(vii) the interested parties shall make no effort
to obtain information with respect to the holdings of the trust,
including obtaining a copy of any trust tax return filed or any
information relating thereto except as otherwise provided in this
subsection.
`(D) The proposed trust instrument and the proposed trustee is approved by the Office of Government Ethics.
`(E) For purposes of this subsection, `interested
party' means a reporting individual, his spouse, and any minor or
dependent child; `broker' has the meaning set forth in section 3(a)(4)
of the Securities and Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
`investment adviser' includes any investment adviser who, as determined
under regulations prescribed by the supervising ethics office, is
generally involved in his role as such an adviser in the management or
control of trusts.
`(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting individual,
for the purposes of any applicable conflict of interest statutes,
regulations, or rules of the Federal Government (including section 208
of title 18, United States Code), until such time as the reporting
individual is notified by the trustee that such asset has been disposed
of, or has a value of less than $1,000.
`(B)(i) The provisions of subparagraph (A) shall not apply
with respect to a trust created for the benefit of a reporting
individual, or the spouse, dependent child, or minor child of such a
person, if the Office of Government Ethics finds that--
`(I) the assets placed in the trust consist of a well-diversified portfolio of readily marketable securities;
`(II) none of the assets consist of securities of
entities having substantial activities in the area of the reporting
individual's primary area of responsibility;
`(III) the trust instrument prohibits the trustee,
notwithstanding the provisions of paragraph (3)(C) (iii) and (iv), from
making public or informing any interested party of the sale of any
securities;
`(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph (3)(C)(v), to prepare on
behalf of any interested party the personal income tax returns and
similar returns which may contain information relating to the trust; and
`(V) except as otherwise provided in this paragraph,
the trust instrument provides (or in the case of a trust which by its
terms does not permit amendment, the trustee, the reporting individual,
and any other interested party agree in writing) that the trust shall
be administered in accordance with the requirements of this subsection
and the trustee of such trust meets the requirements of paragraph
(3)(A).
`(ii) In any instance covered by subparagraph (B) in which
the reporting individual is an individual whose nomination is being
considered by a congressional committee, the reporting individual shall
inform the congressional committee considering his nomination before or
during the period of such individual's confirmation hearing of his
intention to comply with this paragraph.
`(5)(A) The reporting individual shall, within 30 days
after a qualified blind trust is approved by the Office of Government
Ethics, file with such office a copy of--
`(i) the executed trust instrument of such trust (other
than those provisions which relate to the testamentary disposition of
the trust assets), and
`(ii) a list of the assets which were transferred to
such trust, including the category of value of each asset as determined
under subsection (d).
This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified blind trust
under paragraph (7).
`(B) The reporting individual shall, within 30 days of
transferring an asset (other than cash) to a previously established
qualified blind trust, notify the Office of Government Ethics of the
identity of each such asset and the category of value of each asset as
determined under subsection (d) of this section.
`(C) Within 30 days of the dissolution of a qualified blind
trust, a reporting individual shall notify the Office of Government
Ethics of such dissolution.
`(D) Documents filed under subparagraphs (A), (B), and (C)
and the lists provided by the trustee of assets placed in the trust by
an interested party which have been sold shall be made available to the
public in the same manner as a report is made available under section
305 and the provisions of that section shall apply with respect to such
documents and lists.
`(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the person
initiating the communication with the Office of Government Ethics
within 5 days of the date of the communication.
`(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any information
to an interested party with respect to such trust that may not be
disclosed under paragraph (3); (ii) acquire any holding the ownership
of which is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) or the trust agreement; or
(iv) fail to file any document required by this subsection.
`(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any information with
respect to a qualified blind trust of which he is an interested party
that may not be disclosed under paragraph (3)(C) or (ii) fail to file
any document required by this subsection.
`(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any individual who
knowingly and willfully violates the provisions of subparagraph (A) or
(B). The court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $10,000.
`(ii) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
negligently violates the provisions of subparagraph (A) or (B). The
court in which such action is brought may assess against such
individual a civil penalty in any amount not to exceed $5,000.
`(7) Any trust may be considered to be a qualified blind trust if--
`(A) the trust instrument is amended to comply with the
requirements of paragraph (3) or, in the case of a trust instrument
which does not by its terms permit amendment, the trustee, the
reporting individual, and any other interested party agree in writing
that the trust shall be administered in accordance with the
requirements of this subsection and the trustee of such trust meets the
requirements of paragraph (3)(A); except that in the case of any
interested party who is a dependent child, a parent or guardian of such
child may execute the agreement referred to in this subparagraph;
`(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the agreement referred to in
subparagraph (A), and a list of the assets held by the trust at the
time of approval by the Office of Government Ethics, including the
category of value of each asset as determined under subsection (d), are
filed with such office and made available to the public as provided
under paragraph (5)(D); and
`(C) the Director of the Office of Government Ethics
determines that approval of the trust arrangement as a qualified blind
trust is in the particular case appropriate to assure compliance with
applicable laws and regulations.
`(8) A reporting individual shall not be required to report
the financial interests held by a widely held investment fund (whether
such fund is a mutual fund, regulated investment company, pension or
deferred compensation plan, or other investment fund), if--
`(A)(i) the fund is publicly traded; or
`(ii) the assets of the fund are widely diversified; and
`(B) the reporting individual neither exercises control
over nor has the ability to exercise control over the financial
interests held by the fund.
`(9)(A)(i) A reporting individual described in subsection
(a) or (b) of section 301 shall not be required to report the holdings
or sources of income of any trust or investment fund where--
`(I) reporting would result in the disclosure of assets
or sources of income of another person whose interests are not required
to be reported by the reporting individual under this title;
`(II) the disclosure of such assets and sources of
income is prohibited by contract or the assets and sources of income
are not otherwise publicly available; and
`(III) the reporting individual has executed a written
ethics agreement which contains a general description of the trust or
investment fund and a commitment to divest the interest in the trust or
investment fund not later than 90 days after the date of the agreement.
`(ii) An agreement described under clause (i)(III) shall be
attached to the public financial disclosure which would otherwise
include a listing of the holdings or sources of income from this trust
or investment fund.
`(B)(i) The provisions of subparagraph (A) shall apply to an individual described in subsection (c) or (d) of section 301 if--
`(I) the interest in the trust or investment fund is
acquired involuntarily during the period to be covered by the report,
such as through marriage or inheritance, and
`(II) for an individual described in subsection (c),
the individual executes a written ethics agreement containing a
commitment to divest the interest no later than 90 days after the date
on which the report is due.
`(ii) An agreement described under clause (i)(II) shall be
attached to the public financial disclosure which would otherwise
include a listing of the holdings or sources of income from this trust
or investment fund.
`(iii) Failure to divest within the time specified or after
an extension granted by the Director of the Office of Government Ethics
for good cause shown shall result in an immediate requirement to report
as specified in paragraph (1).
`(g) Political campaign funds, including campaign receipts
and expenditures, need not be included in any report filed pursuant to
this title.
`(h) A report filed pursuant to subsection (a), (c), or (d)
of section 301 need not contain the information described in
subparagraphs (A), (B), and (C) of subsection (a)(2) with respect to
gifts and reimbursements received in a period when the reporting
individual was not an officer or employee of the Federal Government.
`(i) A reporting individual shall not be required under this title to report--
`(1) financial interests in or income derived from--
`(A) any retirement system under title 5, United
States Code (including the Thrift Savings Plan under subchapter III of
chapter 84 of such title); or
`(B) any other retirement system maintained by the
United States for officers or employees of the United States, including
the President, or for members of the uniformed services; or
`(2) benefits received under the Social Security Act (42 U.S.C. 301 et seq.).
`(j)(1) Every month, each designated agency ethics officer
shall submit to the Office of Government Ethics notification of any
waiver of criminal conflict of interest laws granted to any individual
in the preceding month with respect to a filing under this title that
is not confidential.
`(2) Every month, the Office of Government Ethics shall make publicly available on the Internet--
`(A) all notifications of waivers submitted under paragraph (1) in the preceding month; and
`(B) notification of all waivers granted by the Office of Government Ethics in the preceding month.
`(k) A full copy of any waiver of criminal conflict of
interest laws granted shall be included with any filing required under
this title with respect to the year in which the waiver is granted.
`(l) The Office of Government Ethics shall provide upon request any waiver on file for which notice has been published.
`SEC. 303. FILING OF REPORTS.
`(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the reporting
individual with the designated agency ethics official at the agency by
which he is employed (or in the case of an individual described in
section 301(d), was employed) or in which he will serve. The date any
report is received (and the date of receipt of any supplemental report)
shall be noted on such report by such official.
`(b) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed in the
Office of Government Ethics and, immediately after being filed, shall
be made available to the public in accordance with this title.
`(c) Reports required of members of the uniformed services shall be filed with the Secretary concerned.
`(d) The Office of Government Ethics shall develop and make
available forms for reporting the information required by this title.
`SEC. 304. FAILURE TO FILE OR FILING FALSE REPORTS.
`(a) The Attorney General may bring a civil action in any
appropriate United States district court against any individual who
knowingly and willfully falsifies or who knowingly and willfully fails
to file or report any information that such individual is required to
report pursuant to section 302. The court in which such action is
brought may assess against such individual a civil penalty in any
amount, not to exceed $10,000.
`(b) The head of each agency, each Secretary concerned, or
the Director of the Office of Government Ethics, as the case may be,
shall refer to the Attorney General the name of any individual which
such official has reasonable cause to believe has willfully failed to
file a report or has willfully falsified or willfully failed to file
information required to be reported.
`(c) The President, the Vice President, the Secretary
concerned, or the head of each agency may take any appropriate
personnel or other action in accordance with applicable law or
regulation against any individual failing to file a report or
falsifying or failing to report information required to be reported.
`(d)(1) Any individual who files a report required to be filed under this title more than 30 days after the later of--
`(A) the date such report is required to be filed
pursuant to the provisions of this title and the rules and regulations
promulgated thereunder; or
`(B) if a filing extension is granted to such
individual under section 301(g), the last day of the filing extension
period, shall, at the direction of and pursuant to regulations issued
by the Office of Government Ethics, pay a filing fee of $500. All such
fees shall be deposited in the miscellaneous receipts of the Treasury.
The authority under this paragraph to direct the payment of a filing
fee may be delegated by the Office of Government Ethics to other
agencies in the executive branch.
`(2) The Office of Government Ethics may waive the filing fee under this subsection for good cause shown.
`SEC. 305. CUSTODY OF AND PUBLIC ACCESS TO REPORTS.
`Any report filed with or transmitted to an agency or the
Office of Government Ethics pursuant to this title shall be retained by
such agency or Office, as the case may be, for a period of 6 years
after receipt of the report. After such 6-year period the report shall
be destroyed unless needed in an ongoing investigation, except that in
the case of an individual who filed the report pursuant to section
301(b) and was not subsequently confirmed by the Senate, such reports
shall be destroyed 1 year after the individual is no longer under
consideration by the Senate, unless needed in an ongoing investigation.
`SEC. 306. REVIEW OF REPORTS.
`(a) Each designated agency ethics official or Secretary
concerned shall make provisions to ensure that each report filed with
him under this title is reviewed within 60 days after the date of such
filing, except that the Director of the Office of Government Ethics
shall review only those reports required to be transmitted to him under
this title within 60 days after the date of transmittal.
`(b)(1) If after reviewing any report under subsection (a),
the Director of the Office of Government Ethics, the Secretary
concerned, or the designated agency ethics official, as the case may
be, is of the opinion that on the basis of information contained in
such report the individual submitting such report is in compliance with
applicable laws and regulations, he shall state such opinion on the
report, and shall sign such report.
`(2) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics official after
reviewing any report under subsection (a)--
`(A) believes additional information is required to be
submitted to complete the form or to perform a conflict of interest
analysis, he shall notify the individual submitting such report what
additional information is required and the time by which it must be
submitted, or
`(B) is of the opinion, on the basis of information
submitted, that the individual is not in compliance with applicable
laws and regulations, he shall notify the individual, afford a
reasonable opportunity for a written or oral response, and after
consideration of such response, reach an opinion as to whether or not,
on the basis of information submitted, the individual is in compliance
with such laws and regulations.
`(3) If the Director of the Office of Government Ethics,
the Secretary concerned, or the designated agency ethics official
reaches an opinion under paragraph (2)(B) that an individual is not in
compliance with applicable laws and regulations, the official shall
notify the individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify the
individual of which steps, if any, would in the opinion of such
official be appropriate for assuring compliance with such laws and
regulations and the date by which such steps should be taken. Such
steps may include, as appropriate--
`(C) the establishment of a blind trust,
`(D) request for an exemption under section 208(b) of title 18, United States Code, or
`(E) voluntary request for transfer, reassignment, limitation of duties, or resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the Office of Government Ethics may prescribe.
`(4) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph (3) by a
member of the Foreign Service or the uniformed services, the Secretary
concerned shall take appropriate action.
`(5) If steps for assuring compliance with applicable laws
and regulations are not taken by the date set under paragraph (3) by
any other officer or employee, the matter shall be referred to the head
of the appropriate agency for appropriate action.
`(6) The Office of Government Ethics may render advisory
opinions interpreting this title. Notwithstanding any other provision
of law, the individual to whom a public advisory opinion is rendered in
accordance with this paragraph, and any other individual covered by
this title who is involved in a fact situation which is
indistinguishable in all material aspects, and who acts in good faith
in accordance with the provisions and findings of such advisory opinion
shall not, as a result of such act, be subject to any penalty or
sanction provided by this title.
`SEC. 307. CONFIDENTIAL REPORTS AND OTHER ADDITIONAL REQUIREMENTS.
`(a)(1) The Office of Government Ethics may require
officers and employees of the executive branch (including special
Government employees as defined in section 202 of title 18, United
States Code) to file confidential financial disclosure reports, in such
form as it may prescribe. The information required to be reported under
this subsection by the officers and employees of any department or
agency listed in section 301(e) shall be set forth in rules or
regulations prescribed by the Office of Government Ethics, and may be
less extensive than otherwise required by this title, or more extensive
when determined by the Office of Government Ethics to be necessary and
appropriate in light of sections 202 through 209 of title 18, United
States Code, regulations promulgated thereunder, or the authorized
activities of such officers or employees. Any individual required to
file a report pursuant to section 301 shall not be required to file a
confidential report pursuant to this subsection, except with respect to
information which is more extensive than information otherwise required
by this title. Section 305 shall not apply with respect to any such
report.
`(2) Any information required to be provided by an
individual under this subsection shall be confidential and shall not be
disclosed to the public.
`(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public financial
disclosure report under this title from such requirement.
`(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under any other
provision of law or regulation with respect to the reporting of
information required for purposes of preventing conflicts of interest
or apparent conflicts of interest. Such provisions of this title shall
not supersede the requirements of section 7342 of title 5, United
States Code.
`(c) Nothing in this Act requiring reporting of information
shall be deemed to authorize the receipt of income, gifts, or
reimbursements; the holding of assets, liabilities, or positions; or
the participation in transactions that are prohibited by law, Executive
order, rule, or regulation.
`SEC. 308. AUTHORITY OF COMPTROLLER GENERAL.
`The Comptroller General shall have access to financial
disclosure reports filed under this title for the purposes of carrying
out his statutory responsibilities.
`SEC. 309. DEFINITIONS.
`For the purposes of this title--
`(1) the term `dependent child' means, when used with
respect to any reporting individual, any individual who is a son,
daughter, stepson, or stepdaughter and who--
`(A) is unmarried and under age 21 and is living in the household of such reporting individual; or
`(B) is a dependent of such reporting individual
within the meaning of section 152 of the Internal Revenue Code of 1986
(26 U.S.C. 152);
`(2) the term `designated agency ethics official' means
an officer or employee who is designated to administer the provisions
of this title within an agency;
`(3) the term `executive branch' includes--
`(A) each Executive agency (as defined in section
105 of title 5, United States Code), other than the General Accounting
Office; and
`(B) any other entity or administrative unit in the executive branch;
`(4) the term `gift' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of value,
unless consideration of equal or greater value is received by the
donor, but does not include--
`(A) bequests and other forms of inheritance;
`(B) suitable mementos of a function honoring the reporting individual;
`(C) food, lodging, transportation, and
entertainment provided by a foreign government within a foreign country
or by the United States Government, the District of Columbia, or a
State or local government or political subdivision thereof;
`(D) food and beverages which are not consumed in connection with a gift of overnight lodging;
`(E) communications to the offices of a reporting individual, including subscriptions to newspapers and periodicals; or
`(F) items that are accepted pursuant to or are
required to be reported by the reporting individual under section 7342
of title 5, United States Code.
`(5) the term `honorarium' means a payment of money or anything of value for an appearance, speech, or article;
`(6) the term `income' means all income from whatever
source derived, including but not limited to the following items:
compensation for services, including fees, commissions, and similar
items; gross income derived from business (and net income if the
individual elects to include it); gains derived from dealings in
property; interest; rents; royalties; prizes and awards; dividends;
annuities; income from life insurance and endowment contracts;
pensions; income from discharge of indebtedness; distributive share of
partnership income; and income from an interest in an estate or trust;
`(7) the term `personal hospitality of any individual'
means hospitality extended for a nonbusiness purpose by an individual,
not a corporation or organization, at the personal residence of that
individual or his family or on property or facilities owned by that
individual or his family;
`(8) the term `reimbursement' means any payment or
other thing of value received by the reporting individual, other than
gifts, to cover travel-related expenses of such individual other than
those which are--
`(A) provided by the United States Government, the
District of Columbia, or a State or local government or political
subdivision thereof;
`(B) required to be reported by the reporting individual under section 7342 of title 5, United States Code; or
`(C) required to be reported under section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434);
`(9) the term `relative' means an individual who is
related to the reporting individual, as father, mother, son, daughter,
brother, sister, uncle, aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather, grandmother, grandson,
granddaughter, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother, half
sister, or who is the grandfather or grandmother of the spouse of the
reporting individual, and shall be deemed to include the fiance or
fiancee of the reporting individual;
`(10) the term `Secretary concerned' has the meaning set forth in section 101(a)(9) of title 10, United States Code; and
`(11) the term `value' means a good faith estimate of
the dollar value if the exact value is neither known nor easily
obtainable by the reporting individual.
`SEC. 310. NOTICE OF ACTIONS TAKEN TO COMPLY WITH ETHICS AGREEMENTS.
`(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office of
Government Ethics, or a Senate confirmation committee, to take any
action to comply with this Act or any other law or regulation governing
conflicts of interest of, or establishing standards of conduct
applicable with respect to, officers or employees of the Government,
that individual shall notify in writing the designated agency ethics
official, the Office of Government Ethics, or the appropriate committee
of the Senate, as the case may be, of any action taken by the
individual pursuant to that agreement. Such notification shall be made
not later than the date specified in the agreement by which action by
the individual must be taken, or not later than 3 months after the date
of the agreement, if no date for action is so specified. If all actions
agreed to have not been completed by the date of this notification,
such notification shall continue on a monthly basis thereafter until
the individual has met the terms of the agreement.
`(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from particular
categories of agency or other official action, the individual shall
reduce to writing those subjects regarding which the recusal agreement
will apply and the process by which it will be determined whether the
individual must recuse himself or herself in a specific instance. An
individual shall be considered to have complied with the requirements
of subsection (a) with respect to such recusal agreement if such
individual files a copy of the document setting forth the information
described in the preceding sentence with such individual's designated
agency ethics official or the Office of Government Ethics within the
time prescribed in the penultimate sentence of subsection (a).
`SEC. 311. ADMINISTRATION OF PROVISIONS.
`The Office of Government Ethics shall issue regulations,
develop forms, and provide such guidance as is necessary to implement
and interpret this title.'.
(b) Exemption From Public Access to Financial Disclosures-
Section 105(a)(1) of such Act is amended by inserting `the Office of
the National Intelligence Director,' before `the Central Intelligence
Agency'.
(c) Conforming Amendment- Section 101(f) of such Act is amended--
(1) in paragraph (12), by striking the period at the end and inserting a semicolon; and
(2) by adding at the end the following:
`but do not include any officer or employee of any department or agency listed in section 301(e).'.
SEC. 5044. REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE CONFIRMATION.
(a) Definition- In this section, the term `agency' means an
Executive agency, as defined under section 105 of title 5, United
States Code.
(1) IN GENERAL- Not later than 180 days after the date
of enactment of this Act, the head of each agency shall submit a
Presidential appointment reduction plan to--
(B) the Committee on Governmental Affairs of the Senate; and
(C) the Committee on Government Reform of the House of Representatives.
(2) CONTENT- The plan under this subsection shall provide for the reduction of--
(A) the number of positions within that agency that
require an appointment by the President, by and with the advice and
consent of the Senate; and
(B) the number of levels of such positions within that agency.
SEC. 5045. EFFECTIVE DATES.
(1) IN GENERAL- Subject to paragraph (2), the
amendments made by section 5043 shall take effect on January 1 of the
year following the year in which occurs the date of enactment of this
Act.
(2) LATER DATE- If this Act is enacted on or after July
1 of a year, the amendments made by section 301 shall take effect on
July 1 of the following year.
(b) Section 5044- Section 5044 shall take effect on the date of enactment of this Act.
CHAPTER 2--FEDERAL BUREAU OF INVESTIGATION REVITALIZATION
SEC. 5051. MANDATORY SEPARATION AGE.
(a) Civil Service Retirement System- Section 8335(b) of title 5, United States Code, is amended--
(1) by striking `(b)' and inserting `(b)(1)'; and
(2) by adding at the end the following:
`(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The authority to
grant exemptions in accordance with the preceding sentence shall cease
to be available after December 31, 2009.'.
(b) Federal Employees' Retirement System- Section 8425(b) of title 5, United States Code, is amended--
(1) by striking `(b)' and inserting `(b)(1)'; and
(2) by adding at the end the following:
`(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The authority to
grant exemptions in accordance with the preceding sentence shall cease
to be available after December 31, 2009.'.
SEC. 5052. RETENTION AND RELOCATION BONUSES.
(a) In General- Subchapter IV of chapter 57 of title 5, United States Code, is amended by adding at the end the following:
`Sec. 5759. Retention and relocation bonuses for the Federal Bureau of Investigation
`(a) Authority- The Director of the Federal Bureau of
Investigation, after consultation with the Director of the Office of
Personnel Management, may pay, on a case-by-case basis, a bonus under
this section to an employee of the Bureau if--
`(1)(A) the unusually high or unique qualifications of
the employee or a special need of the Bureau for the employee's
services makes it essential to retain the employee; and
`(B) the Director of the Federal Bureau of
Investigation determines that, in the absence of such a bonus, the
employee would be likely to leave--
`(i) the Federal service; or
`(ii) for a different position in the Federal service; or
`(2) the individual is transferred to a different
geographic area with a higher cost of living (as determined by the
Director of the Federal Bureau of Investigation).
`(b) Service Agreement- Payment of a bonus under this
section is contingent upon the employee entering into a written service
agreement with the Bureau to complete a period of service with the
Bureau. Such agreement shall include--
`(1) the period of service the individual shall be required to complete in return for the bonus; and
`(2) the conditions under which the agreement may be
terminated before the agreed-upon service period has been completed,
and the effect of the termination.
`(c) Limitation on Authority- A bonus paid under this section may not exceed 50 percent of the employee's basic pay.
`(d) Impact on Basic Pay- A retention bonus is not part of the basic pay of an employee for any purpose.
`(e) Termination of Authority- The authority to grant
bonuses under this section shall cease to be available after December
31, 2009.'.
(b) Clerical Amendment- The analysis for chapter 57 of
title 5, United States Code, is amended by adding at the end the
following:
`5759. Retention and relocation bonuses for the Federal Bureau of Investigation.'.
SEC. 5053. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General- Chapter 35 of title 5, United States Code, is amended by adding at the end the following:
`SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
`Sec. 3598. Federal Bureau of Investigation Reserve Service
`(a) Establishment- The Director of the Federal Bureau of
Investigation may provide for the establishment and training of a
Federal Bureau of Investigation Reserve Service (hereinafter in this
section referred to as the `FBI Reserve Service') for temporary
reemployment of employees in the Bureau during periods of emergency, as
determined by the Director.
`(b) Membership- Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-time
employees of the Bureau.
`(c) Annuitants- If an individual receiving an annuity from
the Civil Service Retirement and Disability Fund on the basis of such
individual's service becomes temporarily reemployed pursuant to this
section, such annuity shall not be discontinued thereby. An individual
so reemployed shall not be considered an employee for the purposes of
chapter 83 or 84.
`(d) No Impact on Bureau Personnel Ceiling- FBI Reserve
Service members reemployed on a temporary basis pursuant to this
section shall not count against any personnel ceiling applicable to the
Bureau.
`(e) Expenses- The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this title, for the purpose of
participating in any training that relates to service as a member of
the FBI Reserve Service.
`(f) Limitation on Membership- Membership of the FBI Reserve Service is not to exceed 500 members at any given time.'.
(b) Clerical Amendment- The analysis for chapter 35 of
title 5, United States Code, is amended by adding at the end the
following:
`SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
`3598. Federal Bureau of Investigation Reserve Service.'.
SEC. 5054. CRITICAL POSITIONS IN THE FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE DIRECTORATE.
Section 5377(a)(2) of title 5, United States Code, is amended--
(1) by striking `and' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F) and inserting `; and'; and
(3) by inserting after subparagraph (F) the following:
`(G) a position at the Federal Bureau of
Investigation, the primary duties and responsibilities of which relate
to intelligence functions (as determined by the Director of the Federal
Bureau of Investigation).'.
CHAPTER 3--MANAGEMENT AUTHORITY
SEC. 5061. MANAGEMENT AUTHORITY.
(a) Management Authority- Section 7103(b)(1)(A) of title 5,
United States Code, is amended by adding `homeland security,' after
`investigative,'.
(b) Exclusionary Authority- Section 842 of the Homeland Security Act (Public Law 107-296; 6 U.S.C. 412) is repealed.
Subtitle F--Security Clearance Modernization
SEC. 5071. DEFINITIONS.
(1) The term `Director' means the National Intelligence Director.
(2) The term `agency' means--
(A) an executive agency, as defined in section 105 of title 5, United States Code;
(B) a military department, as defined in section 102 of title 5, United States Code; and
(C) elements of the intelligence community, as
defined in section 3(4) of the National Security Act of 1947 (50 U.S.C.
401a(4)).
(3) The term `authorized investigative agency' means an
agency authorized by law, regulation or direction of the Director to
conduct a counterintelligence investigation or investigation of persons
who are proposed for access to classified information to ascertain
whether such persons satisfy the criteria for obtaining and retaining
access to such information.
(4) The term `authorized adjudicative agency' means an
agency authorized by law, regulation or direction of the Director to
determine eligibility for access to classified information in
accordance with Executive Order 12968.
(5) The term `highly sensitive program' means--
(A) a government program designated as a Special Access Program (as defined by section 4.1(h) of Executive Order 12958); and
(B) a government program that applies restrictions required for--
(i) Restricted Data (as defined by section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); or
(ii) other information commonly referred to as `Sensitive Compartmented Information'.
(6) The term `current investigation file' means, with
respect to a security clearance, a file on an investigation or
adjudication that has been conducted during--
(A) the 5-year period beginning on the date the
security clearance was granted, in the case of a Top Secret Clearance,
or the date access was granted to a highly sensitive program;
(B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.
(7) The term `personnel security investigation' means
any investigation required for the purpose of determining the
eligibility of any military, civilian, or government contractor
personnel to access classified information.
(8) The term `periodic reinvestigations' means--
(A) investigations conducted for the purpose of updating a previously completed background investigation--
(i) every five years in the case of a Top Secret Clearance or access to a highly sensitive program;
(ii) every 10 years in the case of a Secret Clearance; and
(iii) every 15 years in the case of a Confidential Clearance;
(B) on-going investigations to identify personnel security risks as they develop, pursuant to section 105(c).
(9) The term `appropriate committees of Congress' means--
(A) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Judiciary, and Government Reform
of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Committees on Armed Services, Judiciary, and Governmental Affairs of
the Senate.
SEC. 5072. SECURITY CLEARANCE AND INVESTIGATIVE PROGRAMS OVERSIGHT AND ADMINISTRATION.
The Deputy National Intelligence Director for Community Management and Resources shall have responsibility for the following:
(1) Directing day-to-day oversight of investigations
and adjudications for personnel security clearances to highly sensitive
programs throughout the Federal Government.
(2) Developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and timely
completion of security clearances and determinations for access to
highly sensitive programs, including the standardization of security
questionnaires, financial disclosure requirements for security
clearance applicants, and polygraph policies and procedures.
(3) Serving as the final authority to designate an
authorized investigative agency or authorized adjudicative agency
pursuant to section 5074(d).
(4) Ensuring reciprocal recognition of access to
classified information among agencies, including acting as the final
authority to arbitrate and resolve disputes involving the reciprocity
of security clearances and access to highly sensitive programs.
(5) Ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve clearance
and investigative program goals.
(6) Reviewing and coordinating the development of tools
and techniques for enhancing the conduct of investigations and granting
of clearances.
SEC. 5073. RECIPROCITY OF SECURITY CLEARANCE AND ACCESS DETERMINATIONS.
(a) Requirement for Reciprocity- (1) All security clearance
background investigations and determinations completed by an authorized
investigative agency or authorized adjudicative agency shall be
accepted by all agencies.
(2) All security clearance background investigations
initiated by an authorized investigative agency shall be transferable
to any other authorized investigative agency.
(b) Prohibition on Establishing Additional Requirements-
(1) An authorized investigative agency or authorized adjudicative
agency may not establish additional investigative or adjudicative
requirements (other than requirements for the conduct of a polygraph
examination) that exceed requirements specified in Executive Orders
establishing security requirements for access to classified information.
(2) Notwithstanding the paragraph (1), the Director may
establish additional requirements as needed for national security
purposes.
(c) Prohibition on Duplicative Investigations- An
authorized investigative agency or authorized adjudicative agency may
not conduct an investigation for purposes of determining whether to
grant a security clearance to an individual where a current
investigation or clearance of equal level already exists or has been
granted by another authorized adjudicative agency.
SEC. 5074. ESTABLISHMENT OF NATIONAL DATABASE .
(a) Establishment- Not later than 12 months after the date
of the enactment of this Act, the Director of the Office of Personnel
Management, in cooperation with the Director, shall establish, and
begin operating and maintaining, an integrated, secure, national
database into which appropriate data relevant to the granting, denial,
or revocation of a security clearance or access pertaining to military,
civilian, or government contractor personnel shall be entered from all
authorized investigative and adjudicative agencies.
(b) Integration- The national database established under
subsection (a) shall function to integrate information from existing
Federal clearance tracking systems from other authorized investigative
and adjudicative agencies into a single consolidated database.
(c) Requirement to Check Database- Each authorized
investigative or adjudicative agency shall check the national database
established under subsection (a) to determine whether an individual the
agency has identified as requiring a security clearance has already
been granted or denied a security clearance, or has had a security
clearance revoked, by any other authorized investigative or
adjudicative agency.
(d) Certification of Authorized Investigative Agencies or
Authorized Adjudicative Agencies- The Director shall evaluate the
extent to which an agency is submitting information to, and requesting
information from, the national database established under subsection
(a) as part of a determination of whether to certify the agency as an
authorized investigative agency or authorized adjudicative agency.
(e) Exclusion of Certain Intelligence Operatives- The
Director may authorize an agency to withhold information about certain
individuals from the database established under subsection (a) if the
Director determines it is necessary for national security purposes.
(f) Compliance- The Director shall establish a review
procedure by which agencies can seek review of actions required under
section 5073.
(g) Authorization of Appropriations- There is authorized to
be appropriated such sums as may be necessary for fiscal year 2005 and
each subsequent fiscal year for the implementation, maintenance and
operation of the database established in subsection (a).
SEC. 5075. USE OF AVAILABLE TECHNOLOGY IN CLEARANCE INVESTIGATIONS.
(a) Investigations- Not later than 12 months after the date
of the enactment of this Act, each authorized investigative agency that
conducts personnel security clearance investigations shall use, to the
maximum extent practicable, available information technology and
databases to expedite investigative processes and to verify standard
information submitted as part of an application for a security
clearance.
(b) Interim Clearance- If the application of an applicant
for an interim clearance has been processed using the technology under
subsection (a), the interim clearances for the applicant at the secret,
top secret, and special access program levels may be granted before the
completion of the appropriate investigation. Any request to process an
interim clearance shall be given priority, and the authority granting
the interim clearance shall ensure that final adjudication on the
application is made within 90 days after the initial clearance is
granted.
(c) On-Going Monitoring of Individuals With Security
Clearances- (1) Authorized investigative agencies and authorized
adjudicative agencies shall establish procedures for the regular,
ongoing verification of personnel with security clearances in effect
for continued access to classified information. Such procedures shall
include the use of available technology to detect, on a regularly
recurring basis, any issues of concern that may arise involving such
personnel and such access.
(2) Such regularly recurring verification may be used as a
basis for terminating a security clearance or access and shall be used
in periodic reinvestigations to address emerging threats and adverse
events associated with individuals with security clearances in effect
to the maximum extent practicable.
(3) If the Director certifies that the national security of
the United States is not harmed by the discontinuation of periodic
reinvestigations, the regularly recurring verification under this
section may replace periodic reinvestigations.
SEC. 5076. REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE PROCESS.
(a) 60-Day Period for Determination on Clearances- Each
authorized adjudicative agency shall make a determination on an
application for a personnel security clearance within 60 days after the
date of receipt of the completed application for a security clearance
by an authorized investigative agency. The 60-day period shall include--
(1) a period of not longer than 40 days to complete the investigative phase of the clearance review; and
(2) a period of not longer than 20 days to complete the adjudicative phase of the clearance review.
(b) Effective Date and Phase-in-
(1) EFFECTIVE DATE- Subsection (a) shall take effect 5 years after the date of the enactment of this Act.
(2) PHASE-IN- During the period beginning on a date not
later than 2 years after the date after the enactment of this Act and
ending on the date on which subsection (a) takes effect as specified in
paragraph (1), each authorized adjudicative agency shall make a
determination on an application for a personnel security clearance
pursuant to this title within 120 days after the date of receipt of the
application for a security clearance by an authorized investigative
agency. The 120-day period shall include--
(A) a period of not longer than 90 days to complete the investigative phase of the clearance review; and
(B) a period of not longer than 30 days to complete the adjudicative phase of the clearance review.
SEC. 5077. SECURITY CLEARANCES FOR PRESIDENTIAL TRANSITION.
(a) CANDIDATES FOR NATIONAL SECURITY POSITIONS- (1) The
President-elect shall submit to the Director the names of candidates
for high-level national security positions, for positions at the level
of under secretary of executive departments and above, as soon as
possible after the date of the general elections held to determine the
electors of President and Vice President under section 1 or 2 of title
3, United States Code.
(2) The Director shall be responsible for the expeditious
completion of the background investigations necessary to provide
appropriate security clearances to the individuals who are candidates
described under paragraph (1) before the date of the inauguration of
the President-elect as President and the inauguration of the
Vice-President-elect as Vice President.
(b) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS- (1) In
this section, the term `major party' has the meaning provided under
section 9002(6) of the Internal Revenue Code of 1986.
(2) Each major party candidate for President, except a
candidate who is the incumbent President, shall submit, before the date
of the general presidential election, requests for security clearances
for prospective transition team members who will have a need for access
to classified information to carry out their responsibilities as
members of the President-elect's transition team.
(3) Necessary background investigations and eligibility
determinations to permit appropriate prospective transition team
members to have access to classified information shall be completed, to
the fullest extent practicable, by the day after the date of the
general presidential election.
SEC. 5078. REPORTS.
Not later than February 15, 2006, and annually thereafter
through 2016, the Director shall submit to the appropriate committees
of Congress a report on the progress made during the preceding year
toward meeting the requirements specified in this Act. The report shall
include--
(1) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies during the
year covered by the report for conducting investigations, adjudicating
cases, and granting clearances, from date of submission to ultimate
disposition and notification to the subject and the subject's employer;
(2) a discussion of any impediments to the smooth and timely functioning of the implementation of this title; and
(3) such other information or recommendations as the Deputy Director deems appropriate.
Subtitle G--Emergency Financial Preparedness
SEC. 5081. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
Subsection (d) of section 306 of title 31, United States Code, is amended by inserting `or employee' after `another officer'.
SEC. 5082. EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES AND EXCHANGE COMMISSION.
(a) Extension of Authority- Paragraph (2) of section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to read as follows:
`(2) EMERGENCY ORDERS- (A) The Commission, in an
emergency, may by order summarily take such action to alter,
supplement, suspend, or impose requirements or restrictions with
respect to any matter or action subject to regulation by the Commission
or a self-regulatory organization under the securities laws, as the
Commission determines is necessary in the public interest and for the
protection of investors--
`(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities);
`(ii) to ensure prompt, accurate, and safe
clearance and settlement of transactions in securities (other than
exempted securities); or
`(iii) to reduce, eliminate, or prevent the
substantial disruption by the emergency of (I) securities markets
(other than markets in exempted securities), investment companies, or
any other significant portion or segment of such markets, or (II) the
transmission or processing of securities transactions (other than
transactions in exempted securities).
`(B) An order of the Commission under this paragraph
(2) shall continue in effect for the period specified by the
Commission, and may be extended. Except as provided in subparagraph
(C), the Commission's action may not continue in effect for more than
30 business days, including extensions.
`(C) An order of the Commission under this paragraph
(2) may be extended to continue in effect for more than 30 business
days if, at the time of the extension, the Commission finds that the
emergency still exists and determines that the continuation of the
order beyond 30 business days is necessary in the public interest and
for the protection of investors to attain an objective described in
clause (i), (ii), or (iii) of subparagraph (A). In no event shall an
order of the Commission under this paragraph (2) continue in effect for
more than 90 calendar days.
`(D) If the actions described in subparagraph (A)
involve a security futures product, the Commission shall consult with
and consider the views of the Commodity Futures Trading Commission. In
exercising its authority under this paragraph, the Commission shall not
be required to comply with the provisions of section 553 of title 5,
United States Code, or with the provisions of section 19(c) of this
title.
`(E) Notwithstanding the exclusion of exempted
securities (and markets therein) from the Commission's authority under
subparagraph (A), the Commission may use such authority to take action
to alter, supplement, suspend, or impose requirements or restrictions
with respect to clearing agencies for transactions in such exempted
securities. In taking any action under this subparagraph, the
Commission shall consult with and consider the views of the Secretary
of the Treasury.'.
(b) Consultation; Definition of Emergency- Section 12(k) of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)) is further amended by striking paragraph (6) and inserting the following:
`(6) CONSULTATION- Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and consider the
views of the Secretary of the Treasury, Board of Governors of the
Federal Reserve System, and the Commodity Futures Trading Commission,
unless such consultation is impracticable in light of the emergency.
`(A) EMERGENCY- For purposes of this subsection, the term `emergency' means--
`(i) a major market disturbance characterized by or constituting--
`(I) sudden and excessive fluctuations of
securities prices generally, or a substantial threat thereof, that
threaten fair and orderly markets; or
`(II) a substantial disruption of the safe
or efficient operation of the national system for clearance and
settlement of transactions in securities, or a substantial threat
thereof; or
`(ii) a major disturbance that substantially disrupts, or threatens to substantially disrupt--
`(I) the functioning of securities markets,
investment companies, or any other significant portion or segment of
the securities markets; or
`(II) the transmission or processing of securities transactions.
`(B) SECURITIES LAWS- Notwithstanding section
3(a)(47), for purposes of this subsection, the term `securities laws'
does not include the Public Utility Holding Company Act of 1935 (15
U.S.C. 79a et seq.).'.
SEC. 5083. PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY WITH RESPECT TO GOVERNMENT SECURITIES.
Section 15C of the Securities Exchange Act of 1934 (15 U.S.C. 78o-5) is amended by adding at the end the following new subsection:
`(h) Emergency Authority- The Secretary may by order take
any action with respect to a matter or action subject to regulation by
the Secretary under this section, or the rules of the Secretary
thereunder, involving a government security or a market therein (or
significant portion or segment of that market), that the Commission may
take under section 12(k)(2) of this title with respect to transactions
in securities (other than exempted securities) or a market therein (or
significant portion or segment of that market).'.
Subtitle H--Other Matters
Chapter 1--Privacy Matters
SEC. 5091. REQUIREMENT THAT AGENCY RULEMAKING TAKE INTO CONSIDERATION IMPACTS ON INDIVIDUAL PRIVACY.
(a) Short Title- This section may be cited as the `Federal Agency Protection of Privacy Act of 2004'.
(b) In General- Title 5, United States Code, is amended by adding after section 553 the following new section:
`Sec. 553a. Privacy impact assessment in rulemaking
`(a) Initial Privacy Impact Assessment-
`(1) IN GENERAL- Whenever an agency is required by
section 553 of this title, or any other law, to publish a general
notice of proposed rulemaking for a proposed rule, or publishes a
notice of proposed rulemaking for an interpretative rule involving the
internal revenue laws of the United States, and such rule or proposed
rulemaking pertains to the collection, maintenance, use, or disclosure
of personally identifiable information from 10 or more individuals,
other than agencies, instrumentalities, or employees of the Federal
government, the agency shall prepare and make available for public
comment an initial privacy impact assessment that describes the impact
of the proposed rule on the privacy of individuals. Such assessment or
a summary thereof shall be signed by the senior agency official with
primary responsibility for privacy policy and be published in the
Federal Register at the time of the publication of a general notice of
proposed rulemaking for the rule.
`(2) CONTENTS- Each initial privacy impact assessment required under this subsection shall contain the following:
`(A) A description and analysis of the extent to
which the proposed rule will impact the privacy interests of
individuals, including the extent to which the proposed rule--
`(i) provides notice of the collection of
personally identifiable information, and specifies what personally
identifiable information is to be collected and how it is to be
collected, maintained, used, and disclosed;
`(ii) allows access to such information by the
person to whom the personally identifiable information pertains and
provides an opportunity to correct inaccuracies;
`(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and
`(iv) provides security for such information.
`(B) A description of any significant alternatives
to the proposed rule which accomplish the stated objectives of
applicable statutes and which minimize any significant privacy impact
of the proposed rule on individuals.
`(b) Final Privacy Impact Assessment-
`(1) IN GENERAL- Whenever an agency promulgates a final
rule under section 553 of this title, after being required by that
section or any other law to publish a general notice of proposed
rulemaking, or promulgates a final interpretative rule involving the
internal revenue laws of the United States, and such rule or proposed
rulemaking pertains to the collection, maintenance, use, or disclosure
of personally identifiable information from 10 or more individuals,
other than agencies, instrumentalities, or employees of the Federal
government, the agency shall prepare a final privacy impact assessment,
signed by the senior agency official with primary responsibility for
privacy policy.
`(2) CONTENTS- Each final privacy impact assessment required under this subsection shall contain the following:
`(A) A description and analysis of the extent to
which the final rule will impact the privacy interests of individuals,
including the extent to which such rule--
`(i) provides notice of the collection of
personally identifiable information, and specifies what personally
identifiable information is to be collected and how it is to be
collected, maintained, used, and disclosed;
`(ii) allows access to such information by the
person to whom the personally identifiable information pertains and
provides an opportunity to correct inaccuracies;
`(iii) prevents such information, which is collected for one purpose, from being used for another purpose; and
`(iv) provides security for such information.
`(B) A summary of any significant issues raised by
the public comments in response to the initial privacy impact
assessment, a summary of the analysis of the agency of such issues, and
a statement of any changes made in such rule as a result of such issues.
`(C) A description of the steps the agency has
taken to minimize the significant privacy impact on individuals
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the privacy interests of individuals was rejected.
`(3) AVAILABILITY TO PUBLIC- The agency shall make
copies of the final privacy impact assessment available to members of
the public and shall publish in the Federal Register such assessment or
a summary thereof.
`(1) EMERGENCIES- An agency head may waive or delay the
completion of some or all of the requirements of subsections (a) and
(b) to the same extent as the agency head may, under section 608, waive
or delay the completion of some or all of the requirements of sections
603 and 604, respectively.
`(2) NATIONAL SECURITY- An agency head may, for
national security reasons, or to protect from disclosure classified
information, confidential commercial information, or information the
disclosure of which may adversely affect a law enforcement effort,
waive or delay the completion of some or all of the following
requirements:
`(A) The requirement of subsection (a)(1) to make an assessment available for public comment.
`(B) The requirement of subsection (a)(1) to have an assessment or summary thereof published in the Federal Register.
`(C) The requirements of subsection (b)(3).
`(d) Procedures for Gathering Comments- When any rule is
promulgated which may have a significant privacy impact on individuals,
or a privacy impact on a substantial number of individuals, the head of
the agency promulgating the rule or the official of the agency with
statutory responsibility for the promulgation of the rule shall assure
that individuals have been given an opportunity to participate in the
rulemaking for the rule through techniques such as--
`(1) the inclusion in an advance notice of proposed
rulemaking, if issued, of a statement that the proposed rule may have a
significant privacy impact on individuals, or a privacy impact on a
substantial number of individuals;
`(2) the publication of a general notice of proposed
rulemaking in publications of national circulation likely to be
obtained by individuals;
`(3) the direct notification of interested individuals;
`(4) the conduct of open conferences or public hearings
concerning the rule for individuals, including soliciting and receiving
comments over computer networks; and
`(5) the adoption or modification of agency procedural
rules to reduce the cost or complexity of participation in the
rulemaking by individuals.
`(e) Periodic Review of Rules-
`(1) IN GENERAL- Each agency shall carry out a periodic
review of the rules promulgated by the agency that have a significant
privacy impact on individuals, or a privacy impact on a substantial
number of individuals. Under such periodic review, the agency shall
determine, for each such rule, whether the rule can be amended or
rescinded in a manner that minimizes any such impact while remaining in
accordance with applicable statutes. For each such determination, the
agency shall consider the following factors:
`(A) The continued need for the rule.
`(B) The nature of complaints or comments received from the public concerning the rule.
`(C) The complexity of the rule.
`(D) The extent to which the rule overlaps,
duplicates, or conflicts with other Federal rules, and, to the extent
feasible, with State and local governmental rules.
`(E) The length of time since the rule was last reviewed under this subsection.
`(F) The degree to which technology, economic
conditions, or other factors have changed in the area affected by the
rule since the rule was last reviewed under this subsection.
`(2) PLAN REQUIRED- Each agency shall carry out the
periodic review required by paragraph (1) in accordance with a plan
published by such agency in the Federal Register. Each such plan shall
provide for the review under this subsection of each rule promulgated
by the agency not later than 10 years after the date on which such rule
was published as the final rule and, thereafter, not later than 10
years after the date on which such rule was last reviewed under this
subsection. The agency may amend such plan at any time by publishing
the revision in the Federal Register.
`(3) ANNUAL PUBLICATION- Each year, each agency shall
publish in the Federal Register a list of the rules to be reviewed by
such agency under this subsection during the following year. The list
shall include a brief description of each such rule and the need for
and legal basis of such rule and shall invite public comment upon the
determination to be made under this subsection with respect to such
rule.
`(1) IN GENERAL- For any rule subject to this section,
an individual who is adversely affected or aggrieved by final agency
action is entitled to judicial review of agency compliance with the
requirements of subsections (b) and (c) in accordance with chapter 7.
Agency compliance with subsection (d) shall be judicially reviewable in
connection with judicial review of subsection (b).
`(2) JURISDICTION- Each court having jurisdiction to
review such rule for compliance with section 553, or under any other
provision of law, shall have jurisdiction to review any claims of
noncompliance with subsections (b) and (c) in accordance with chapter
7. Agency compliance with subsection (d) shall be judicially reviewable
in connection with judicial review of subsection (b).
`(A) An individual may seek such review during the
period beginning on the date of final agency action and ending 1 year
later, except that where a provision of law requires that an action
challenging a final agency action be commenced before the expiration of
1 year, such lesser period shall apply to an action for judicial review
under this subsection.
`(B) In the case where an agency delays the
issuance of a final privacy impact assessment pursuant to subsection
(c), an action for judicial review under this section shall be filed
not later than--
`(i) 1 year after the date the assessment is made available to the public; or
`(ii) where a provision of law requires that an
action challenging a final agency regulation be commenced before the
expiration of the 1-year period, the number of days specified in such
provision of law that is after the date the assessment is made
available to the public.
`(4) RELIEF- In granting any relief in an action under
this subsection, the court shall order the agency to take corrective
action consistent with this section and chapter 7, including, but not
limited to--
`(A) remanding the rule to the agency; and
`(B) deferring the enforcement of the rule against
individuals, unless the court finds that continued enforcement of the
rule is in the public interest.
`(5) RULE OF CONSTRUCTION- Nothing in this subsection
shall be construed to limit the authority of any court to stay the
effective date of any rule or provision thereof under any other
provision of law or to grant any other relief in addition to the
requirements of this subsection.
`(6) RECORD OF AGENCY ACTION- In an action for the
judicial review of a rule, the privacy impact assessment for such rule,
including an assessment prepared or corrected pursuant to paragraph
(4), shall constitute part of the entire record of agency action in
connection with such review.
`(7) EXCLUSIVITY- Compliance or noncompliance by an
agency with the provisions of this section shall be subject to judicial
review only in accordance with this subsection.
`(8) SAVINGS CLAUSE- Nothing in this subsection bars
judicial review of any other impact statement or similar assessment
required by any other law if judicial review of such statement or
assessment is otherwise permitted by law.
`(g) Definition- For purposes of this section, the term
`personally identifiable information' means information that can be
used to identify an individual, including such individual's name,
address, telephone number, photograph, social security number or other
identifying information. It includes information about such
individual's medical or financial condition.'.
(c) Periodic Review Transition Provisions-
(1) INITIAL PLAN- For each agency, the plan required by
subsection (e) of section 553a of title 5, United States Code (as added
by subsection (a)), shall be published not later than 180 days after
the date of the enactment of this Act.
(2) In the case of a rule promulgated by an agency
before the date of the enactment of this Act, such plan shall provide
for the periodic review of such rule before the expiration of the
10-year period beginning on the date of the enactment of this Act. For
any such rule, the head of the agency may provide for a 1-year
extension of such period if the head of the agency, before the
expiration of the period, certifies in a statement published in the
Federal Register that reviewing such rule before the expiration of the
period is not feasible. The head of the agency may provide for
additional 1-year extensions of the period pursuant to the preceding
sentence, but in no event may the period exceed 15 years.
(d) Congressional Review- Section 801(a)(1)(B) of title 5, United States Code, is amended--
(1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; and
(2) by inserting after clause (ii) the following new clause:
`(iii) the agency's actions relevant to section 553a;'.
(e) Clerical Amendment- The table of sections at the
beginning of chapter 5 of title 5, United States Code, is amended by
adding after the item relating to section 553 the following new item:
553a. Privacy impact assessment in rulemaking.'.
SEC. 5092. CHIEF PRIVACY OFFICERS FOR AGENCIES WITH LAW ENFORCEMENT OR ANTI-TERRORISM FUNCTIONS.
(a) In General- There shall be within each Federal agency
with law enforcement or anti-terrorism functions a chief privacy
officer, who shall have primary responsibility within that agency for
privacy policy. The agency chief privacy officer shall be designated by
the head of the agency.
(b) Responsibilities- The responsibilities of each agency chief privacy officer shall include--
(1) ensuring that the use of technologies sustains, and
does not erode, privacy protections relating to the use, collection,
and disclosure of personally identifiable information;
(2) ensuring that personally identifiable information
contained in systems of records is handled in full compliance with fair
information practices as set out in section 552a of title 5, United
States Code;
(3) evaluating legislative and regulatory proposals
involving collection, use, and disclosure of personally identifiable
information by the Federal Government;
(4) conducting a privacy impact assessment of proposed
rules of the agency on the privacy of personally identifiable
information, including the type of personally identifiable information
collected and the number of people affected;
(5) preparing and submitting a report to Congress on an
annual basis on activities of the agency that affect privacy, including
complaints of privacy violations, implementation of section 552a of
title 5, United States Code, internal controls, and other relevant
matters;
(6) ensuring that the agency protects personally
identifiable information and information systems from unauthorized
access, use, disclosure, disruption, modification, or destruction in
order to provide--
(A) integrity, which means guarding against
improper information modification or destruction, and includes ensuring
information nonrepudiation and authenticity;
(B) confidentially, which means preserving
authorized restrictions on access and disclosure, including means for
protecting personal privacy and proprietary information;
(C) availability, which means ensuring timely and reliable access to and use of that information; and
(D) authentication, which means utilizing digital credentials to assure the identity of users and validate their access; and
(7) advising the head of the agency and the Director of
the Office of Management and Budget on information security and privacy
issues pertaining to Federal Government information systems.
CHAPTER 2--MUTUAL AID AND LITIGATION MANAGEMENT
SEC. 5101. SHORT TITLE.
This chapter may be cited as the `Mutual Aid and Litigation Management Authorization Act of 2004'.
SEC. 5102. MUTUAL AID AUTHORIZED.
(a) Authorization to Enter Into Agreements-
(1) IN GENERAL- The authorized representative of a
State, locality, or the Federal Government may enter into an interstate
mutual aid agreement or a mutual aid agreement with the Federal
Government on behalf of the State, locality, or Federal Government
under which, at the request of any party to the agreement, the other
party to the agreement may--
(A) provide law enforcement, fire, rescue,
emergency health and medical services, transportation, communications,
public works and engineering, mass care, and resource support in an
emergency or public service event occurring in the jurisdiction of the
requesting party;
(B) provide other services to prepare for,
mitigate, manage, respond to, or recover from an emergency or public
service event occurring in the jurisdiction of the requesting party; and
(C) participate in training events occurring in the jurisdiction of the requesting party.
(b) Liability and Actions at Law-
(1) LIABILITY- A responding party or its officers or
employees shall be liable on account of any act or omission occurring
while providing assistance or participating in a training event in the
jurisdiction of a requesting party under a mutual aid agreement
(including any act or omission arising from the maintenance or use of
any equipment, facilities, or supplies in connection therewith), but
only to the extent permitted under and in accordance with the laws and
procedures of the State of the responding party and subject to this
chapter.
(2) JURISDICTION OF COURTS-
(A) IN GENERAL- Subject to subparagraph (B) and
section 3, any action brought against a responding party or its
officers or employees on account of an act or omission described in
subsection (b)(1) may be brought only under the laws and procedures of
the State of the responding party and only in the State courts or
United States District Courts located therein.
(B) UNITED STATES AS PARTY- If the United States is
the party against whom an action described in paragraph (1) is brought,
the action may be brought only in a United States District Court.
(c) Workers' Compensation and Death Benefits-
(1) PAYMENT OF BENEFITS- A responding party shall
provide for the payment of workers' compensation and death benefits
with respect to officers or employees of the party who sustain injuries
or are killed while providing assistance or participating in a training
event under a mutual aid agreement in the same manner and on the same
terms as if the injury or death were sustained within the jurisdiction
of the responding party.
(2) LIABILITY FOR BENEFITS- No party shall be liable
under the law of any State other than its own (or, in the case of the
Federal Government, under any law other than Federal law) for the
payment of workers' compensation and death benefits with respect to
injured officers or employees of the party who sustain injuries or are
killed while providing assistance or participating in a training event
under a mutual aid agreement.
(d) Licenses and Permits- Whenever any person holds a
license, certificate, or other permit issued by any responding party
evidencing the meeting of qualifications for professional, mechanical,
or other skills, such person will be deemed licensed, certified, or
permitted by the requesting party to provide assistance involving such
skill under a mutual aid agreement.
(e) Scope- Except to the extent provided in this section,
the rights and responsibilities of the parties to a mutual aid
agreement shall be as described in the mutual aid agreement.
(f) Effect on Other Agreements- Nothing in this section
precludes any party from entering into supplementary mutual aid
agreements with fewer than all the parties, or with another, or affects
any other agreements already in force among any parties to such an
agreement, including the Emergency Management Assistance Compact (EMAC)
under Public Law 104-321.
(g) Federal Government- Nothing in this section may be
construed to limit any other expressed or implied authority of any
entity of the Federal Government to enter into mutual aid agreements.
(h) Consistency With State Law- A party may enter into a
mutual aid agreement under this chapter only insofar as the agreement
is in accord with State law.
SEC. 5103. LITIGATION MANAGEMENT AGREEMENTS.
(a) Authorization to Enter Into Litigation Management
Agreements- The authorized representative of a State or locality may
enter into a litigation management agreement on behalf of the State or
locality. Such litigation management agreements may provide that all
claims against such Emergency Response Providers arising out of,
relating to, or resulting from an act of terrorism when Emergency
Response Providers from more than 1 State have acted in defense
against, in response to, or recovery from such act shall be governed by
the following provisions.
(b) Federal Cause of Action-
(1) IN GENERAL- There shall exist a Federal cause of
action for claims against Emergency Response Providers arising out of,
relating to, or resulting from an act of terrorism when Emergency
Response Providers from more than 1 State have acted in defense
against, in response to, or recovery from such act. As determined by
the parties to a litigation management agreement, the substantive law
for decision in any such action shall be--
(A) derived from the law, including choice of law
principles, of the State in which such acts of terrorism occurred,
unless such law is inconsistent with or preempted by Federal law; or
(B) derived from the choice of law principles
agreed to by the parties to a litigation management agreement as
described in the litigation management agreement, unless such
principles are inconsistent with or preempted by Federal law.
(2) JURISDICTION- Such appropriate district court of
the United States shall have original and exclusive jurisdiction over
all actions for any claim against Emergency Response Providers for loss
of property, personal injury, or death arising out of, relating to, or
resulting from an act of terrorism when Emergency Response Providers
from more than 1 State have acted in defense against, in response to,
or recovery from an act of terrorism.
(3) SPECIAL RULES- In an action brought for damages
that is governed by a litigation management agreement, the following
provisions apply:
(A) PUNITIVE DAMAGES- No punitive damages intended
to punish or deter, exemplary damages, or other damages not intended to
compensate a plaintiff for actual losses may be awarded, nor shall any
party be liable for interest prior to the judgment.
(B) COLLATERAL SOURCES- Any recovery by a plaintiff
in an action governed by a litigation management agreement shall be
reduced by the amount of collateral source compensation, if any, that
the plaintiff has received or is entitled to receive as a result of
such acts of terrorism.
(4) EXCLUSIONS- Nothing in this section shall in any
way limit the ability of any person to seek any form of recovery from
any person, government, or other entity that--
(A) attempts to commit, knowingly participates in,
aids and abets, or commits any act of terrorism, or any criminal act
related to or resulting from such act of terrorism; or
(B) participates in a conspiracy to commit any such act of terrorism or any such criminal act.
SEC. 5104. ADDITIONAL PROVISIONS.
(a) No Abrogation of Other Immunities- Nothing in this
chapter shall abrogate any other immunities from liability that any
party may have under any other State or Federal law.
(b) Exception for Certain Federal Law Enforcement
Activities- A mutual aid agreement or a litigation management agreement
may not apply to law enforcement security operations at special events
of national significance under section 3056(e) of title 18, United
States Code, or to other law enforcement functions of the United States
Secret Service.
(c) SECRET SERVICE- Section 3056 of title 18, United States
Code, is amended by adding at the end the following new subsection:
`(g) The Secret Service shall be maintained as a distinct
entity within the Department of Homeland Security and shall not be
merged with any other department function. All personnel and
operational elements of the United States Secret Service shall report
to the Director of the Secret Service, who shall report directly to the
Secretary of Homeland Security without being required to report through
any other official of the Department.'.
SEC. 5105. DEFINITIONS.
For purposes of this chapter, the following definitions apply:
(1) AUTHORIZED REPRESENTATIVE- The term `authorized representative' means--
(A) in the case of the Federal Government, any
individual designated by the President with respect to the executive
branch, the Chief Justice of the United States with respect to the
judicial branch, or the President pro Tempore of the Senate and Speaker
of the House of Representatives with respect to the Congress, or their
designees, to enter into a mutual aid agreement;
(B) in the case of a locality, the official
designated by law to declare an emergency in and for the locality, or
the official's designee;
(C) in the case of a State, the Governor or the Governor's designee.
(2) EMERGENCY- The term `emergency' means a major
disaster or emergency declared by the President, or a State of
Emergency declared by an authorized representative of a State or
locality, in response to which assistance may be provided under a
mutual aid agreement.
(3) EMERGENCY RESPONSE PROVIDER- The term `Emergency
Response Provider' means State or local emergency public safety, law
enforcement, emergency response, emergency medical (including hospital
emergency facilities), and related personnel, agencies, and authorities
that are a party to a litigation management agreement.
(4) EMPLOYEE- The term `employee' means, with respect
to a party to a mutual aid agreement, the employees of the party,
including its agents or authorized volunteers, who are committed to
provide assistance under the agreement.
(5) LITIGATION MANAGEMENT AGREEMENT- The term
`litigation management agreement' means an agreement entered into
pursuant to the authority granted under section 5103.
(6) LOCALITY- The term `locality' means a county, city, or town.
(7) MUTUAL AID AGREEMENT- The term `mutual aid
agreement' means an agreement entered into pursuant to the authority
granted under section 5102.
(8) PUBLIC SERVICE EVENT- The term `public service
event' means any undeclared emergency, incident, or situation in
preparation for or response to which assistance may be provided under a
mutual aid agreement.
(9) REQUESTING PARTY- The term `requesting party'
means, with respect to a mutual aid agreement, the party in whose
jurisdiction assistance is provided, or a training event is held, under
the agreement.
(10) RESPONDING PARTY- The term `responding party'
means, with respect to a mutual aid agreement, the party providing
assistance, or participating in a training event, under the agreement,
but does not include the requesting party.
(11) STATE- The term `State' includes each of the
several States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States, and any political
subdivision of any such place.
(12) TRAINING EVENT- The term `training event' means an
emergency and public service event-related exercise, test, or other
activity using equipment and personnel to prepare for or simulate
performance of any aspect of the giving or receiving of assistance
during emergencies or public service events, but does not include an
actual emergency or public service event.
Chapter 3--Miscellaneous Matters
SEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
(a) Coordination of Public Safety Interoperable Communications Programs-
(1) PROGRAM- The Secretary of Homeland Security, in
consultation with the Secretary of Commerce and the Chairman of the
Federal Communications Commission, shall establish a program to enhance
public safety interoperable communications at all levels of government.
Such program shall--
(A) establish a comprehensive national approach to achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out subparagraph (A);
(C) develop, in consultation with other appropriate
Federal agencies and State and local authorities, appropriate minimum
capabilities for communications interoperability for Federal, State,
and local public safety agencies;
(D) accelerate, in consultation with other Federal
agencies, including the National Institute of Standards and Technology,
the private sector, and nationally recognized standards organizations
as appropriate, the development of national voluntary consensus
standards for public safety interoperable communications;
(E) encourage the development and implementation of
flexible and open architectures, with appropriate levels of security,
for short-term and long-term solutions to public safety communications
interoperability;
(F) assist other Federal agencies in identifying
priorities for research, development, and testing and evaluation with
regard to public safety interoperable communications;
(G) identify priorities within the Department of
Homeland Security for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(H) establish coordinated guidance for Federal grant programs for public safety interoperable communications;
(I) provide technical assistance to State and local
public safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions necessary
to achieve public safety communications interoperability;
(J) develop and disseminate best practices to improve public safety communications interoperability; and
(K) develop appropriate performance measures and
milestones to systematically measure the Nation's progress towards
achieving public safety communications interoperability, including the
development of national voluntary consensus standards.
(2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY-
(A) ESTABLISHMENT OF OFFICE- The Secretary may
establish an Office for Interoperability and Compatibility to carry out
this subsection.
(B) FUNCTIONS- If the Secretary establishes such office, the Secretary shall, through such office--
(i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
(ii) carry out subsection (c) (relating to rapid interoperable communications capabilities for high risk jurisdictions).
(3) APPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT-
The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to
advisory groups established and maintained by the Secretary for
purposes of carrying out this subsection.
(b) Report- Not later than 120 days after the date of the
enactment of this Act, the Secretary shall report to the Congress on
Department of Homeland Security plans for accelerating the development
of national voluntary consensus standards for public safety
interoperable communications, a schedule of milestones for such
development, and achievements of such development.
(c) Rapid Interoperable Communications Capabilities for
High Risk Jurisdictions- The Secretary, in consultation with other
relevant Federal, State, and local government agencies, shall provide
technical, training, and other assistance as appropriate to support the
rapid establishment of consistent, secure, and effective interoperable
communications capabilities for emergency response providers in
jurisdictions determined by the Secretary to be at consistently high
levels of risk of terrorist attack.
(d) Definitions- In this section:
(1) INTEROPERABLE COMMUNICATIONS- The term
`interoperable communications' means the ability of emergency response
providers and relevant Federal, State, and local government agencies to
communicate with each other as necessary, through a dedicated public
safety network utilizing information technology systems and radio
communications systems, and to exchange voice, data, or video with one
another on demand, in real time, as necessary.
(2) EMERGENCY RESPONSE PROVIDERS- The term `emergency
response providers' has the meaning that term has under section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101)
(e) Clarification of Responsibility for Interoperable Communications-
(1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE- Section 502(7) of the Homeland Security Act of 2002 (6 U.S.C.
312(7)) is amended--
(A) by striking `developing comprehensive programs for developing interoperative communications technology, and'; and
(B) by striking `such' and inserting `interoperable communications'.
(2) OFFICE FOR DOMESTIC PREPAREDNESS- Section 430(c) of such Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking `and' after the semicolon;
(B) in paragraph (8) by striking the period and inserting `; and'; and
(C) by adding at the end the following:
`(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and emergency
response providers.'.
SEC. 5132. SENSE OF CONGRESS REGARDING THE INCIDENT COMMAND SYSTEM.
(a) FINDINGS- The Congress finds that--
(1) in Homeland Security Presidential Directive-5, the
President directed the Secretary of Homeland Security to develop an
incident command system to be known as the National Incident Management
System (NIMS), and directed all Federal agencies to make the adoption
of NIMS a condition for the receipt of Federal emergency preparedness
assistance by States, territories, tribes, and local governments
beginning in fiscal year 2005;
(2) in March 2004, the Secretary of Homeland Security
established NIMS, which provides a unified structural framework for
Federal, State, territorial, tribal, and local governments to ensure
coordination of command, operations, planning, logistics, finance, and
administration during emergencies involving multiple jurisdictions or
agencies; and
(3) the National Commission on Terrorist Attacks Upon
the United States strongly supports the adoption of NIMS by emergency
response agencies nationwide, and the decision by the President to
condition Federal emergency preparedness assistance upon the adoption
of NIMS.
(b) SENSE OF CONGRESS- It is the sense of the Congress that
all levels of government should adopt NIMS, and that the regular use of
and training in NIMS by States, territories, tribes, and local
governments should be a condition for receiving Federal preparedness
assistance.
SEC. 5133. SENSE OF CONGRESS REGARDING UNITED STATES NORTHERN COMMAND PLANS AND STRATEGIES.
It is the sense of Congress that the Secretary of Defense
should regularly assess the adequacy of United States Northern
Command's plans and strategies with a view to ensuring that the United
States Northern Command is prepared to respond effectively to all
military and paramilitary threats within the United States.
END