October 6, 2004
Ordered to be printed as passed
S 2845 PP
108th CONGRESS
2d Session
S. 2845
AN ACT
To reform the intelligence community and the
intelligence and intelligence-related activities of the United States
Government, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `National Intelligence Reform Act of 2004'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--NATIONAL INTELLIGENCE AUTHORITY
Subtitle A--National Intelligence Authority
Sec. 101. National Intelligence Authority.
Sec. 102. National Intelligence Director.
Subtitle B--Responsibilities and Authorities of National Intelligence Director
Sec. 111. Provision of national intelligence.
Sec. 112. Responsibilities of National Intelligence Director.
Sec. 113. Authorities of National Intelligence Director.
Sec. 114. Funding of intelligence activities.
Sec. 115. Enhanced personnel management.
Sec. 116. Security clearances.
Sec. 117. National Intelligence Reserve Corps.
Sec. 118. Appointment and termination of certain officials responsible for intelligence-related activities.
Sec. 119. Reserve for Contingencies.
Subtitle C--Office of the National Intelligence Director
Sec. 121. Office of the National Intelligence Director.
Sec. 122. Deputy national intelligence directors.
Sec. 123. National Intelligence Council.
Sec. 124. General Counsel of the National Intelligence Authority.
Sec. 125. Officer for Civil Rights and Civil Liberties of the National Intelligence Authority.
Sec. 126. Privacy Officer of the National Intelligence Authority.
Sec. 127. Chief Information Officer of the National Intelligence Authority.
Sec. 128. Chief Human Capital Officer of the National Intelligence Authority.
Sec. 129. Chief Financial Officer of the National Intelligence Authority.
Sec. 130. Chief Scientist of the National Intelligence Authority.
Sec. 131. National Counterintelligence Executive.
Subtitle D--Additional Elements of National Intelligence Authority
Sec. 141. Inspector General of the National Intelligence Authority.
Sec. 142. Ombudsman of the National Intelligence Authority.
Sec. 143. National Counterterrorism Center.
Sec. 144. Counterproliferation Center.
Sec. 145. National intelligence centers.
Sec. 146. Office of alternative analysis.
Subtitle E--Education and Training of Intelligence Community Personnel
Sec. 151. Framework for cross-disciplinary education and training.
Sec. 152. Intelligence Community Scholarship Program.
Sec. 153. Additional education and training requirements.
Subtitle F--Additional Authorities of National Intelligence Authority
Sec. 161. Use of appropriated funds.
Sec. 162. Acquisition and fiscal authorities.
Sec. 163. Personnel matters.
Sec. 164. Ethics matters.
TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
Subtitle A--Improvements of Intelligence Activities
Sec. 201. Availability to public of certain intelligence funding information.
Sec. 202. Joint Intelligence Community Council.
Sec. 203. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 204. Federal Bureau of Investigation Intelligence Career Service.
Sec. 205. Directorate of Intelligence of the Federal Bureau of Investigation.
Sec. 206. Information sharing.
Sec. 207. Alternative analyses of intelligence by the intelligence community.
Sec. 208. Report on implementation of recommendations of
Defense Science Board on preventing and defending against clandestine
nuclear attack.
Sec. 209. Use of United States commercial remote sensing space capabilities for imagery and geospatial information requirements.
Sec. 210. Permanent authority for Public Interest Declassification Board.
Subtitle B--Privacy and Civil Liberties
Sec. 211. Privacy and Civil Liberties Oversight Board.
Sec. 212. Privacy and Civil Liberties officers.
Subtitle C--Independence of Intelligence Agencies
Sec. 221. Independence of National Intelligence Director.
Sec. 222. Independence of intelligence.
Sec. 223. Independence of National Counterterrorism Center.
Sec. 224. Access of congressional committees to national intelligence.
Sec. 225. Communications with Congress.
Sec. 226. Congressional appeals of classification decisions.
Subtitle D--Homeland Security Civil Rights and Civil Liberties Protection.
Sec. 232. Mission of Department of Homeland Security.
Sec. 233. Officer for Civil Rights and Civil Liberties.
Sec. 234. Protection of Civil Rights and Civil Liberties by Office of Inspector General.
Sec. 235. Privacy Officer.
TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Conforming and Other Amendments
Sec. 301. Restatement and modification of basic authority on the Central Intelligence Agency.
Sec. 302. Conforming amendments relating to roles of
National Intelligence Director and Director of the Central Intelligence
Agency.
Sec. 303. Other conforming amendments.
Sec. 304. Modifications of counterintelligence and National Security Act of 1947.
Sec. 305. Elements of intelligence community under National Security Act of 1947.
Sec. 306. Redesignation of National Foreign Intelligence Program as National Intelligence Program.
Sec. 307. Conforming amendments on responsibilities of Secretary of Defense pertaining to National Intelligence Program.
Sec. 308. Repeal of superseded authorities.
Sec. 309. Conforming amendments on funding of intelligence activities.
Sec. 310. Modification of definition of Congressional Intelligence Committees under National Security Act of 1947.
Sec. 311. Clerical amendments to National Security Act of 1947.
Sec. 312. Modification of authorities relating to National Counterintelligence Executive.
Sec. 313. Conforming amendment relating to Chief Financial Officer of the National Intelligence Authority.
Subtitle B--Transfers and Terminations
Sec. 321. Transfer of Office of Deputy Director of Central Intelligence for Community Management.
Sec. 322. Transfer of National Counterterrorism Executive.
Sec. 323. Transfer of Terrorist Threat Integration Center.
Sec. 324. Termination of certain positions within the Central Intelligence Agency.
Subtitle C--Other Transition Matters
Sec. 331. Executive Schedule matters.
Sec. 332. Preservation of intelligence capabilities.
Sec. 333. Reorganization.
Sec. 334. National Intelligence Director report on implementation of intelligence community reform.
Sec. 335. Comptroller General reports on implementation of intelligence community reform.
Sec. 336. National Intelligence Council report on methodologies utilized for national intelligence estimates.
Sec. 337. National Intelligence Director report on National Counterterrorism Center.
Sec. 338. Components of National Intelligence Program.
Sec. 339. General references.
Subtitle D--Effective Date
Sec. 341. Effective date.
Subtitle E--Other Matters
Sec. 352. Authorization of appropriations.
TITLE IV--TRANSPORTATION SECURITY
Sec. 401. Watchlist for passengers aboard vessels.
TITLE V--AIR CARGO SAFETY
Sec. 502. Inspection of cargo carried aboard passenger aircraft.
Sec. 503. Air cargo shipping
Sec. 504. Cargo carried aboard passenger aircraft.
Sec. 505. Training program for cargo handlers.
Sec. 506. Cargo carried aboard all-cargo aircraft.
Sec. 507. Passenger identification verification.
TITLE VI--AVIATION SECURITY
Sec. 601. Improved pilot licenses.
Sec. 602. Aircraft charter customer prescreening.
Sec. 603. Aircraft rental customer prescreening.
Sec. 604. Report on rental and charter customer prescreening procedures.
Sec. 605. Aviation security staffing.
Sec. 606. Improved air cargo and airport security.
Sec. 607. Air cargo security measures.
Sec. 608. Explosive detection systems.
Sec. 609. Air marshal program.
Sec. 610. TSA-related baggage claim issues study.
Sec. 611 .Report on implementation of GAO homeland security information sharing recommendations.
Sec. 612. Aviation security research and development.
Sec. 613. Perimeter access technology.
Sec. 614. Bereavement fares.
Sec. 615. Review and revision of prohibited items list.
Sec. 616. Report on protecting commercial aircraft from the threat of man-portable air defense systems.
Sec. 617. Screening devices to detect chemical and plastic explosives.
Sec. 618. Reports on the Federal Air Marshals Program.
Sec. 619. Security of air marshal identity.
Sec. 620. Security monitoring cameras for airport baggage handling areas.
Sec. 621. Effective date.
TITLE VII--OTHER MATTERS
Sec. 701. Responsibilities and functions of consular officers.
Sec. 702. Increase in full-time border patrol agents.
Sec. 703. Increase in full-time immigration and customs enforcement investigators.
TITLE VIII--VISA REQUIREMENTS
Sec. 801. In person interviews of visa applicants.
Sec. 802. Visa application requirements.
Sec. 803. Effective date.
TITLE IX--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
Sec. 902. Program requirements.
Sec. 903. Administrative provisions.
Sec. 905. Authorization of appropriations.
TITLE X-- 911 COMMISSION IMPLEMENTATION ACT OF 2004.
Subtitle A--THE ROLE OF DIPLOMACY, FOREIGN AID, AND THE MILITARY IN THE WAR ON TERRORISM
Sec. 1002. Terrorist sanctuaries.
Sec. 1003. Role of Pakistan in countering terrorism.
Sec. 1004. Aid to Afghanistan.
Sec. 1005. The United States-Saudi Arabia relationship.
Sec. 1006. Efforts to combat Islamist terrorism.
Sec. 1007. United States policy toward dictatorships.
Sec. 1008. Promotion of United States values through broadcast media.
Sec. 1009. Expansion of United States scholarship and exchange programs in the Islamic world.
Sec. 1010. International youth opportunity fund.
Sec. 1011. The use of economic policies to combat terrorism.
Sec. 1012. Middle East partnership initiative.
Sec. 1013. Comprehensive coalition strategy for fighting terrorism.
Sec. 1014. Treatment of foreign prisoners.
Sec. 1015. Proliferation of weapons of mass destruction.
Sec. 1016. Financing of terrorism.
Sec. 1017. Report to Congress.
Sec. 1018. Effective Date.
Subtitle B--TERRORIST TRAVEL AND EFFECTIVE SCREENING
Sec. 1021. Counterterrorist travel intelligence.
Sec. 1022. Integrated screening system.
Sec. 1023. Biometric entry and exit data system.
Sec. 1024. Travel documents.
Sec. 1025. Exchange of terrorist information and increased preinspection at foreign airports.
Sec. 1026. Minimum standards for birth certificates.
Sec. 1027. Driver's licenses and personal identification cards.
Sec. 1028. Social security cards.
Sec. 1029. Effective date.
Subtitle C--TRANSPORTATION SECURITY
Sec. 1032. National strategy for transportation security.
Sec. 1033. Use of watchlists for passenger air transportation screening.
Sec. 1034. Enhanced passenger and cargo screening.
Sec. 1035. Effective date.
Subtitle D--NATIONAL PREPAREDNESS
Sec. 1041. The incident command system.
Sec. 1042. National capital region mutual aid.
Sec. 1043. Urban area communications capabilities.
Sec. 1044. Private sector preparedness.
Sec. 1045. Critical infrastructure and readiness assessments.
Sec. 1046. Report on northern command and defense of the united states homeland.
Sec. 1047. Effective date.
Subtitle E--HOMELAND SECURITY GRANTS
Sec. 1053. Preservation of pre-9/11 grant programs for traditional first responder missions.
Sec. 1054. Interagency committee to coordinate and streamline homeland security grant programs.
Sec. 1056. Threat-based homeland security grant program.
Sec. 1057. Eliminating homeland security fraud, waste, and abuse.
Sec. 1058. Flexibility in unspent homeland security funds.
Sec. 1059. Certification relative to the screening of municipal solid waste transported into the United States.
Subtitle F--PUBLIC SAFETY SPECTRUM
Sec. 1061. Short title; table of contents.
Sec. 1063. Setting a specific date for the availability
of spectrum for public safety organizations and creating a deadline for
the transition to digital television.
Sec. 1064. Studies of communications capabilities and needs.
Sec. 1065. Statutory authority for the department of homeland security's `safecom' program.
Sec. 1066. Grant program to provide enhanced interoperability of communications for first responders.
Sec. 1067. Digital transition public safety communications grant and consumer assistance fund.
Sec. 1068. Digital transition program.
Sec. 1069. FCC authority to require label requirement for analog television sets.
Sec. 1070. Report on consumer education program requirements.
Sec. 1071. FCC to issue decision in certain proceedings.
Sec. 1073. Effective date.
Subtitle G--PRESIDENTIAL TRANSITION
Sec. 1081. Presidential transition.
TITLE XI--GENERAL PROVISIONS
Sec. 1101. Amendments to Clinger-Cohen provisions to enhance agency planning for information security needs.
Sec. 1102. Financial disclosure and records.
Sec. 1103. Homeland security geographic information.
Sec. 1704. Urban area communications capabilities.
Sec. 1105. Unified Incident Command Center.
Sec. 1106. Aviation and Transportation Security Act.
Sec. 1107. Liquefied natural gas marine terminals.
Sec. 1108. Report on international air cargo threats.
Sec. 1109. Communication system grants.
Sec. 1110. TSA Field office information technology and telecommunications report.
Sec. 1111. Intelligence community use of NISAC Capabilities.
Sec. 1112. Nationwide interoperable communications network.
Sec. 1113. Communications interoperability.
Sec. 1114. Deadline for completion of certain plans, reports, and assessments.
Sec. 1115. Terrorism financing.
Sec. 1116. Private Security Officer Employment Authorization Act of 2004.
Sec. 1117. Biometric standard for VISA applications.
Sec. 1118. Annual report on the allocation of resources within the office of foreign assets control.
Sec. 1119. Congressional oversight of FBI use of translators.
Sec. 1120. Terrorist watch lists.
Sec. 1121. Regional model strategic plan pilot projects.
Sec. 1122. Border surveillance.
Sec. 1123. Enterprise architecture.
Sec. 1124. Report on use of databases.
SEC. 2. DEFINITIONS.
(1) The term `intelligence' includes foreign intelligence and counterintelligence.
(2) The term `foreign intelligence' means information
relating to the capabilities, intentions, or activities of foreign
governments or elements thereof, foreign organizations, or foreign
persons, or international terrorist activities.
(3) The term `counterintelligence' means foreign
intelligence gathered, and information gathering and other activities
conducted, to protect against espionage, other intelligence activities,
sabotage, or assassinations conducted by or on behalf of foreign
governments or elements thereof, foreign organizations, or foreign
persons, or international terrorist activities, but does not include
personnel, physical, document, or communications security programs.
(4) The term `intelligence community' includes the following:
(A) The National Intelligence Authority.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance programs.
(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal Bureau of
Investigation, the Department of Energy, and the Coast Guard.
(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.
(L) Such other elements of any department or agency
as may be designated by the President, or designated jointly by the
National Intelligence Director and the head of the department or agency
concerned, as an element of the intelligence community.
(5) The terms `national intelligence' and `intelligence related to the national security'--
(A) each refer to intelligence which pertains, as
determined consistent with any guidelines issued by the President, to
the interests of more than one department or agency of the Government;
and
(B) do not refer to law enforcement activities
conducted by the Federal Bureau of Investigation except to the extent
provided for in procedures agreed to by the National Intelligence
Director and the Attorney General, or otherwise as expressly provided
for in law.
(6) The term `National Intelligence Program'--
(A)(i) refers to all national intelligence programs, projects, and activities of the elements of the intelligence community;
(ii) includes all programs, projects, and
activities (whether or not pertaining to national intelligence) of the
National Intelligence Authority, the Central Intelligence Agency, the
National Security Agency, the National Geospatial-Intelligence Agency,
the National Reconnaissance Office, the Directorate of Intellingence of
the Federal Bureau of Investigation, and the Office of Information
Analysis of the Department of Homeland Security; and
(iii) includes any other program, project, or
activity of a department, agency, or element of the United States
Government relating to national intelligence unless the National
Intelligence Director and the head of the department, agency, or
element concerned determine otherwise; but
(B) except as provided in subparagraph (A)(ii),
does not refer to any program, project, or activity of the military
departments, including any program, project, or activity of the Defense
Intelligence Agency that is not part of the National Foreign
Intelligence Program as of the date of the enactment of this Act, to
acquire intelligence principally for the planning and conduct of joint
or tactical military operations by the United States Armed Forces.
(7) The term `congressional intelligence committees' means--
(A) the Select Committee on Intelligence of the Senate;
(B) the Permanent Select Committee on Intelligence of the House of Representatives;
(C) the Speaker of the House of Representatives and
the Majority Leader and the Minority Leader of the House of
Representatives; and
(D) the Majority Leader and the Minority Leader of the Senate.
(8) The term `certified intelligence officer' means a
professional employee of an element of the intelligence community who
meets standards and qualifications set by the National Intelligence
Director.
TITLE I--NATIONAL INTELLIGENCE AUTHORITY
Subtitle A--National Intelligence Authority
SEC. 101. NATIONAL INTELLIGENCE AUTHORITY.
(a) INDEPENDENT ESTABLISHMENT- There is hereby established
as an independent establishment in the executive branch of government
the National Intelligence Authority.
(b) COMPOSITION- The National Intelligence Authority is composed of the following:
(1) The Office of the National Intelligence Director.
(2) The elements specified in subtitle D.
(3) Such other elements, offices, agencies, and
activities as may be established by law or by the President or the
National Intelligence Director.
(c) PRIMARY MISSIONS- The primary missions of the National Intelligence Authority are as follows:
(1) To unify and strengthen the efforts of the intelligence community of the United States Government.
(2) To ensure the organization of the efforts of the
intelligence community of the United States Government in a joint
manner relating to intelligence missions rather than through
intelligence collection disciplines.
(3) To provide for the operation of the National Counterterrorism Center and national intelligence centers under subtitle D.
(4) To eliminate barriers that impede coordination of
the intelligence, including counterterrorism activities of the United
States Government between intelligence activities located abroad and
intelligence activities located abroad and foreign intelligence
activities located domestically while ensuring the protection of civil
liberties.
(5) To establish clear responsibility and
accountability for counterterrorism and other intelligence matters
relating to the national security of the United States.
(d) SEAL- The National Intelligence Director shall have a
seal for the National Intelligence Authority. The design of the seal is
subject to the approval of the President. Judicial notice shall be
taken of the seal.
SEC. 102. NATIONAL INTELLIGENCE DIRECTOR.
(a) NATIONAL INTELLIGENCE DIRECTOR- There is a National
Intelligence Director who shall be appointed by the President, by and
with the advice and consent of the Senate.
(b) INDIVIDUALS ELIGIBLE FOR NOMINATION- Any individual
nominated for appointment as National Intelligence Director shall have
extensive national security expertise.
(c) PROHIBITION ON SIMULTANEOUS SERVICE IN OTHER CAPACITY
IN INTELLIGENCE COMMUNITY- The individual serving as National
Intelligence Director may not, while so serving, serve in any capacity
in any other element of the intelligence community, except to the
extent that the individual serving as National Intelligence Director
does so in an acting capacity.
(d) PRINCIPAL DUTIES AND RESPONSIBILITIES- The National Intelligence Director shall--
(1) serve as head of the intelligence community in
accordance with the provisions of this Act, the National Security Act
of 1947 (50 U.S.C. 401 et seq.), and other applicable provisions of law;
(2) act as the principal adviser to the President for intelligence related to the national security;
(3) serve as the head of the National Intelligence Authority; and
(4) direct and oversee the National Intelligence Program.
(e) GENERAL RESPONSIBILITIES AND AUTHORITIES- In carrying
out the duties and responsibilities set forth in subsection (c), the
National Intelligence Director shall have the responsibilities set
forth in section 112 and the authorities set forth in section 113 and
other applicable provisions of law.
Subtitle B--Responsibilities and Authorities of National Intelligence Director
SEC. 111. PROVISION OF NATIONAL INTELLIGENCE.
(a) IN GENERAL- The National Intelligence Director shall be responsible for providing national intelligence--
(2) to the heads of other departments and agencies of the executive branch;
(3) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
(4) to the Senate and House of Representatives and the committees thereof; and
(5) to such other persons or entities as the President shall direct.
(b) NATIONAL INTELLIGENCE- Such national intelligence shall
be timely, objective, independent of political considerations, and
based upon all sources available to the intelligence community.
SEC. 112. RESPONSIBILITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) IN GENERAL- The National Intelligence Director shall--
(1) determine the annual budget for the intelligence and intelligence-related activities of the United States by--
(A) providing to the heads of the departments
containing agencies or elements within the intelligence community and
that have one or more programs, projects, or activities within the
National Intelligence program, and to the heads of such agencies and
elements, guidance for development of the National Intelligence Program
budget pertaining to such agencies or elements;
(B) developing and presenting to the President an
annual budget for the National Intelligence Program after consultation
with the heads of agencies or elements, and the heads of their
respective departments, under subparagraph (A);
(C) providing budget guidance to each element of
the intelligence community that does not have one or more program,
project, or activity within the National Intelligence Program regarding
the intelligence and intelligence-related activities of such element;
and
(D) participating in the development by the
Secretary of Defense of the annual budgets for the military
intelligence programs, projects, and activities not included in the
National Intelligence Program;
(2) manage and oversee appropriations for the National Intelligence Program, including--
(A) the execution of funds within the National Intelligence Program;
(B) the reprogramming of funds appropriated or otherwise made available to the National Intelligence Program; and
(C) the transfer of funds and personnel under the National Intelligence Program;
(3) establish the requirements and priorities to govern
the collection, analysis, and dissemination of national intelligence by
elements of the intelligence community;
(4) establish collection and analysis requirements for
the intelligence community following receipt of intelligence needs and
requirements from the consumers of national intelligence, determine
collection and analysis priorities, issue and manage collection and
analysis tasking, and resolve conflicts in the tasking of elements of
the intelligence community within the National Intelligence Program,
except as otherwise agreed with the Secretary of Defense pursuant to
the direction of the President, while ensuring that the elements of the
intelligence community are able to conduct independent analyses so as
to achieve, to the maximum extent practicable, competitive analyses;
(5) provide advisory tasking on the collection of
intelligence to elements of the United States Government having
information collection capabilities that are not elements of the
intelligence community;
(6) manage and oversee the National Counterterrorism
Center under section 143, and establish, manage, and oversee national
intelligence centers under section 144;
(7) establish requirements and priorities for foreign
intelligence information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information derived
from electronic surveillance or physical searches under that Act is
disseminated so it may be used efficiently and effectively for foreign
intelligence purposes, except that the Director shall have no authority
to direct, manage, or undertake electronic surveillance or physical
search operations pursuant to that Act unless otherwise authorized by
statute or Executive order;
(8) develop and implement, in consultation with the
heads of other agencies or elements of the intelligence community, and
the heads of their respective departments, personnel policies and
programs applicable to the intelligence community that--
(A) encourage and facilitate assignments and
details of personnel to the National Counterterrorism Center under
section 143, to national intelligence centers under section 144, and
between elements of the intelligence community;
(B) set standards for education, training, and career development of personnel of the intelligence community;
(C) encourage and facilitate the recruitment and
retention by the intelligence community of highly qualified individuals
for the effective conduct of intelligence activities;
(D) ensure that the personnel of the intelligence
community is sufficiently diverse for purposes of the collection and
analysis of intelligence through the recruitment and training of women,
minorities, and individuals with diverse ethnic, cultural, and
linguistic backgrounds;
(E) make service in more than one element of the
intelligence community a condition of promotion to such positions
within the intelligence community as the Director shall specify;
(F) ensure the effective management of intelligence
community personnel who are responsible for intelligence community-wide
matters;
(G) provide for the effective management of human capital within the intelligence community, including--
(i) the alignment of human resource policies
and programs of the elements of the intelligence community with the
missions, goals, and organizational objectives of such elements and of
the intelligence community overall;
(ii) the assessment of workforce
characteristics and future needs and the establishment of workforce
development strategies to meet those needs based on relevant
organizational missions and strategic plans;
(iii) the sustainment of a culture that encourages and allows for the development of a high performing workforce; and
(iv) the alignment of expectations for personnel performance with relevant organizational missions and strategic plans;
(H) are consistent with the public employment
principles of merit and fitness set forth under section 2301 of title
5, United States Code; and
(I) include the enhancements required under section 114;
(9) promote and evaluate the utility of national intelligence to consumers within the United States Government;
(10) ensure that appropriate officials of the United
States Government and other appropriate individuals have access to a
variety of intelligence assessments and analytical views;
(11) direct an element or elements of the intelligence
community to conduct competitive analysis of analytic products,
particularly products having national importance;
(12) implement policies and procedures to encourage
sound analytic methods and tradecraft throughout the elements of the
intelligence community and to ensure that the elements of the
intelligence community regularly conduct competitive analysis of
analytic products, whether such products are produced by or
disseminated to such elements;
(13) protect intelligence sources and methods from unauthorized disclosure;
(14) establish requirements and procedures for the
classification of intelligence information and for access to classified
intelligence information;
(15) establish requirements and procedures for the
dissemination of classified information by elements of the intelligence
community;
(16) establish intelligence reporting guidelines that
maximize the dissemination of information while protecting intelligence
sources and methods;
(17) develop, in consultation with the heads of
appropriate departments and agencies of the United States Government,
an integrated communications network that provides interoperable
communications capabilities among all elements of the intelligence
community and such other entities and persons as the Director considers
appropriate;
(18) establish standards for information technology and communications for the intelligence community;
(19) ensure that the intelligence community makes efficient and effective use of open-source information and analysis;
(20) ensure compliance by elements of the intelligence
community with the Constitution and all laws, regulations, Executive
orders, and implementing guidelines of the United States applicable to
the intelligence and intelligence-related activities of the United
States Government, including the provisions of the Constitution and all
laws, regulations, Executive orders, and implementing guidelines of the
United States applicable to the protection of the privacy and civil
liberties of United States persons;
(21) eliminate waste and unnecessary duplication within the intelligence community; and
(22) perform such other functions as the President may direct.
(b) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
INFORMATION- The President, acting through the National Intelligence
Director, shall establish uniform standards and procedures for the
grant of access to sensitive compartmented information in accordance
with section 115.
(c) CONSISTENCY OF PERSONNEL POLICIES AND PROGRAMS WITH CERTAIN OTHER PERSONNEL POLICIES AND STANDARDS-
(1) The personnel policies and programs developed and
implemented under subsection (a)(8) with respect to members of the
uniformed services shall be consistent with any other personnel
policies and standards applicable to the members of the uniformed
services.
(2) It is the sense of the Senate that the National
Intelligence Director shall seek input from the Secretary of Defense,
the Secretaries of the military departments, and, as appropriate, the
Secretary of Homeland Security in developing and implementing such
policies and programs.
(d) PERFORMANCE OF COMMON SERVICES- (1) The National
Intelligence Director shall, in consultation with the heads of
departments and agencies of the United States Government containing
elements within the intelligence community and with the Director of the
Central Intelligence Agency, direct and coordinate the performance by
the elements of the intelligence community within the National
Intelligence Program of such services as are of common concern to the
intelligence community, which services the National Intelligence
Director determines can be more efficiently accomplished in a
consolidated manner.
(2) The services performed under paragraph (1) shall
include research and development on technology for use in national
intelligence missions.
(e) REGULATIONS- The National Intelligence Director may
prescribe regulations relating to the discharge and enforcement of the
responsibilities of the Director under this section.
SEC. 113. AUTHORITIES OF NATIONAL INTELLIGENCE DIRECTOR.
(a) ACCESS TO INTELLIGENCE- Unless otherwise directed by
the President, the National Intelligence Director shall have access to
all intelligence collected by any department, agency, or other element
of the United States Government.
(b) DETERMINATION OF BUDGETS FOR NIP AND OTHER INTELLIGENCE
ACTIVITIES- The National Intelligence Director shall determine the
annual budget for the intelligence and intelligence-related activities
of the United States Government under section 112(a)(1) by--
(1) providing to the heads of the departments
containing agencies or elements within the intelligence community and
that have one or more programs, projects, or activities within the
National Intelligence program, and to the heads of such agencies and
elements, guidance for development of the National Intelligence Program
budget pertaining to such agencies or elements;
(2) developing and presenting to the President an
annual budget for the National Intelligence Program after consultation
with the heads of agencies or elements, and the heads of their
respective departments, under paragraph (1), including, in furtherance
of such budget, the review, modification, and approval of budgets of
the agencies or elements of the intelligence community with one or more
programs, projects, or activities within the National Intelligence
Program utilizing the budget authorities in subsection (c)(1);
(3) providing guidance on the development of annual
budgets for each element of the intelligence community that does not
have any program, project, or activity within the National Intelligence
Program utilizing the budget authorities in subsection (c)(2);
(4) participating in the development by the Secretary
of Defense of the annual budget for military intelligence programs and
activities outside the National Intelligence Program;
(5) receiving the appropriations for the National
Intelligence Program as specified in subsection (d) and allotting and
allocating funds to agencies and elements of the intelligence
community; and
(6) managing and overseeing the execution by the
agencies or elements of the intelligence community, and, if necessary,
the modification of the annual budget for the National Intelligence
Program, including directing the reprogramming and transfer of funds,
and the transfer of personnel, among and between elements of the
intelligence community within the National Intelligence Program
utilizing the authorities in subsections (f) and (g).
(c) BUDGET AUTHORITIES- (1)(A) In developing and presenting
an annual budget for the elements of the intelligence community within
the National Intelligence Program under subsection (b)(1), the National
Intelligence Director shall coordinate, prepare, and present to the
President the annual budgets of those elements, in consultation with
the heads of those elements.
(B) If any portion of the budget for an element of the
intelligence community within the National Intelligence Program is
prepared outside the Office of the National Intelligence Director, the
Director--
(i) shall approve such budget before submission to the President; and
(ii) may modify, or may require modifications, of such
budget to meet the requirements and priorities of the Director before
approving such budget under clause (i).
(C) The budget of an agency or element of the intelligence
community with one or more programs, projects, or activities within the
National Intelligence Program may not be provided to the President
unless the Director has first approved such budget as it pertains to
those programs, projects, and activities within the National
Intelligence Program.
(2)(A) The Director shall provide guidance for the
development of the annual budgets for each agency or element of the
intelligence community that does not have any program, project, or
activity within the National Intelligence Program.
(B) The heads of the agencies or elements of the
intelligence community, and the heads of their respective departments,
referred to in subparagraph (A) shall coordinate closely with the
Director in the development of the budgets of such agencies or
elements, before the submission of their recommendations on such
budgets to the President.
(d) JURISDICTION OF FUNDS UNDER NIP- (1) Notwithstanding
any other provision of law and consistent with section 504 of the
National Security Act of 1947 (50 U.S.C. 414), any amounts appropriated
or otherwise made available for the National Intelligence Program shall
be appropriated to the National Intelligence Authority and, pursuant to
subsection (e), under the direct jurisdiction of the National
Intelligence Director.
(2) The Director shall manage and oversee the execution by
each element of the intelligence community of any amounts appropriated
or otherwise made available to such element under the National
Intelligence Program.
(e) ACCOUNTS FOR ADMINISTRATION OF NIP FUNDS- (1) The
Secretary of the Treasury shall, in consultation with the National
Intelligence Director, establish accounts for the funds under the
jurisdiction of the Director under subsection (d) for purposes of
carrying out the responsibilities and authorities of the Director under
this Act with respect to the National Intelligence Program.
(2) The National Intelligence Director shall--
(A) control and manage the accounts established under paragraph (1); and
(B) with the concurrence of the Director of the Office
of Management and Budget, establish procedures governing the use
(including transfers and reprogrammings) of funds in such accounts.
(3)(A) To the extent authorized by law, a certifying
official shall follow the procedures established under paragraph (2)(B)
with regard to each account established under paragraph (1).
Disbursements from any such account shall only be made against a valid
obligation of such account.
(B) In this paragraph, the term `certifying official', with
respect to an element of the intelligence community, means an employee
of the element who has responsibilities specified in section 3528(a) of
title 31, United States Code.
(4) The National Intelligence Director shall allot funds
deposited in an account established under paragraph (1) directly to the
elements of the intelligence community concerned in accordance with the
procedures established under paragraph (2)(B).
(5) Each account established under paragraph (1) shall be
subject to chapters 13 and 15 of title 31, United States Code, other
than sections 1503 and 1556 of that title.
(6) Nothing in this subsection shall be construed to impair
or otherwise affect the authority granted by subsection (g)(3) or by
section 5 or 8 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403f, 403j).
(f) ROLE IN REPROGRAMMING OR TRANSFER OF NIP FUNDS BY
ELEMENTS OF INTELLIGENCE COMMUNITY- (1) No funds made available under
the National Intelligence Program may be reprogrammed or transferred by
any agency or element of the intelligence community without the prior
approval of the National Intelligence Director except in accordance
with procedures issued by the Director.
(2) The head of the department concerned shall consult with
the Director before reprogramming or transferring funds appropriated or
otherwise made available to an agency or element of the intelligence
community that does not have any program, project, or activity within
the National Intelligence Program.
(3) The Director shall, before reprogramming funds
appropriated or otherwise made available for an element of the
intelligence community within the National Intelligence Program,
consult with the head of the department or agency having jurisdiction
over such element regarding such reprogramming.
(4)(A) The Director shall consult with the appropriate
committees of Congress regarding modifications of existing procedures
to expedite the reprogramming of funds within the National Intelligence
Program.
(B) Any modification of procedures under subparagraph (A)
shall include procedures for the notification of the appropriate
committees of Congress of any objection raised by the head of a
department or agency to a reprogramming proposed by the Director as a
result of consultations under paragraph (3).
(g) TRANSFER OR REPROGRAMMING OF FUNDS AND TRANSFER OF
PERSONNEL WITHIN NIP- (1) In addition to any other authorities
available under law for such purposes, the National Intelligence
Director, with the approval of the Director of the Office of Management
and Budget and after consultation with the heads of the departments
containing agencies or elements within the intelligence community to
the extent their subordinate agencies or elements are affected, with
the heads of such subordinate agencies or elements, and with the
Director of the Central Intelligence Agency to the extent the Central
Intelligence Agency is affected, may--
(A) transfer or reprogram funds appropriated for a program within the National Intelligence Program to another such program;
(B) review, and approve or disapprove, any proposal to
transfer or reprogram funds from appropriations that are not for the
National Intelligence Program to appropriations for the National
Intelligence Program;
(C) in accordance with procedures to be developed by
the National Intelligence Director, transfer personnel of the
intelligence community funded through the National Intelligence Program
from one element of the intelligence community to another element of
the intelligence community; and
(D) in accordance with procedures to be developed by
the National Intelligence Director and the heads of the departments and
agencies concerned, transfer personnel of the intelligence community
not funded through the National Intelligence Program from one element
of the intelligence community to another element of the intelligence
community.
(2) A transfer of funds or personnel may be made under this subsection only if--
(A) the funds or personnel are being transferred to an activity that is a higher priority intelligence activity;
(B) the transfer does not involve a transfer of funds to the Reserve for Contingencies; and
(C) the transfer does not exceed applicable ceilings established in law for such transfers;
(D) the personnel are not uniformed; and
(E) uniformed services personnel, except that the
Director may transfer military positions or billets if such transfer is
for a period not to exceed three years; and
(E) nothing in section 143(i) or 144(f) shall be
construed to authorize the Director to specify or require the head of a
department, agency, or element of the United States Government to
approve a request for the transfer, assignment, or detail of uniformed
services personnel, except that the Director may take such action with
regard to military positions or billets if such transfer is for a
period not to exceed three years.
(3) Funds transferred under this subsection shall remain
available for the same period as the appropriations account to which
transferred.
(4) Any transfer of funds under this subsection shall be
carried out in accordance with existing procedures applicable to
reprogramming notifications for the appropriate congressional
committees. Any proposed transfer for which notice is given to the
appropriate congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer and how it satisfies the
requirements of this subsection. In addition, the congressional
intelligence committees shall be promptly notified of any transfer of
funds made pursuant to this subsection in any case in which the
transfer would not have otherwise required reprogramming notification
under procedures in effect as of October 24, 1992.
(5)(A) The National Intelligence Director shall promptly
submit to the appropriate committees of Congress a report on any
transfer of personnel made pursuant to this subsection. The Director
shall include in any such report an explanation of the nature of the
transfer and how it satisfies the requirements of this subsection.
(B) In this paragraph, the term `appropriate committees of Congress' means--
(i)(I) the Committee on Appropriations and the Select Committee on Intelligence of the Senate; and
(II) the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives;
(ii) in the case of a transfer of personnel to or from the Department of Defense--
(I) the committees and select committees referred to in clause (i);
(II) the Committee on Armed Services of the Senate; and
(III) the Committee on Armed Services of the House of Representatives;
(iii) in the case of a transfer of personnel to or from the Federal Bureau of Investigation--
(I) the committees and select committees referred to in clause (i);
(II) the Committee on the Judiciary of the Senate; and
(III) the Committee on the Judiciary of the House of Representatives; and
(iv) in the case of a transfer of personnel to or from the Department of Homeland Security--
(I) the committees and select committees referred to in clause (i);
(II) the Committee on Governmental Affairs of the Senate; and
(III) the Select Committee on Homeland Security of the House of Representatives.
(h) INFORMATION TECHNOLOGY AND COMMUNICATIONS- (1) In
conforming with section 206, in carrying out section 112(a)(18), the
National Intelligence Director shall--
(A) establish standards for information technology and communications across the intelligence community;
(B) develop an integrated information technology
network and enterprise architecture for the intelligence community,
including interface standards for interoperability to enable automated
information-sharing among elements of the intelligence community;
(C) maintain an inventory of critical information
technology and communications systems, and eliminate unnecessary or
duplicative systems;
(D) establish contingency plans for the intelligence community regarding information technology and communications; and
(E) establish policies, doctrine, training, and other
measures necessary to ensure that the intelligence community develops
an integrated information technology and communications network that
ensures information-sharing.
(2) Consistent with section 206 and the Clinger-Cohen Act
(divisions D and E of Public Law 104-106; 110 Stat. 642), the Director
shall take any action necessary, including the setting of standards for
information technology and communications across the intelligence
community, to develop an integrated information technology and
communications network that ensures information-sharing across the
intelligence community.
(i) COORDINATION WITH FOREIGN GOVERNMENTS- In a manner
consistent with section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), the National Intelligence Director shall oversee and
direct the Director of the Central Intelligence Agency in coordinating,
under section 103(f) of the National Security Act of 1947, the
relationships between elements of the intelligence community and the
intelligence or security services of foreign governments or
international organizations on all matters involving intelligence
related to the national security.
(j) OPEN SOURCE INFORMATION COLLECTION- The National
Intelligence Director shall establish and maintain within the
intelligence community an effective and efficient open-source
information collection capability.
(k) ACCESS TO INFORMATION- Except as otherwise directed by
the President, the head of any department, agency, or other element of
the United States Government shall promptly provide the National
Intelligence Director such information in the possession or under the
control of such element as the Director may request in order to
facilitate the exercise of the authorities and responsibilities of the
Director under this Act.
SEC. 114. FUNDING OF INTELLIGENCE ACTIVITIES.
(a) FUNDING OF ACTIVITIES- (1) Notwithstanding any other
provision of this Act, appropriated funds available to an intelligence
agency may be obligated or expended for an intelligence or
intelligence-related activity only if--
(A) those funds were specifically authorized by the Congress for use for such activities;
(B) in the case of funds from the Reserve for
Contingencies of the National Intelligence Director, and consistent
with the provisions of section 503 of the National Security Act of 1947
(50 U.S.C. 413b) concerning any significant anticipated intelligence
activity, the National Intelligence Director has notified the
appropriate congressional committees of the intent to make such funds
available for such activity; or
(C) in the case of funds specifically authorized by the Congress for a different activity--
(i) the activity to be funded is a higher priority intelligence or intelligence-related activity; and
(ii) the National Intelligence Director, the
Secretary of Defense, or the Attorney General, as appropriate, has
notified the appropriate congressional committees of the intent to make
such funds available for such activity.
(2) Nothing in this subsection prohibits the obligation or
expenditure of funds available to an intelligence agency in accordance
with sections 1535 and 1536 of title 31, United States Code.
(b) APPLICABILITY OF OTHER AUTHORITIES- Notwithstanding any
other provision of this Act, appropriated funds available to an
intelligence agency may be obligated or expended for an intelligence,
intelligence-related, or other activity only if such obligation or
expenditure is consistent with subsections (b), (c), and (d) of section
504 of the National Security Act of 1947 (50 U.S.C. 414).
(c) DEFINITIONS- In this section:
(1) The term `intelligence agency' means any
department, agency, or other entity of the United States involved in
intelligence or intelligence-related activities.
(2) The term `appropriate congressional committees' means--
(A)(i) the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives; and
(ii) the Select Committee on Intelligence and the Committee on Appropriations of the Senate;
(B) in the case of a transfer of funds to or from, or a reprogramming within, the Department of Defense--
(i) the committees and select committees referred to in subparagraph (A);
(ii) the Committee on Armed Services of the House of Representatives; and
(iii) the Committee on Armed Services of the Senate; and
(C) in the case of a transfer of funds to or from, or a reprogramming within, the Federal Bureau of Investigation--
(i) the committees and select committees referred to in subparagraph (A);
(ii) the Committee on the Judiciary of the House of Representatives; and
(iii) the Committee on the Judiciary of the Senate.
(3) The term `specifically authorized by the Congress' means that--
(A) the activity and the amount of funds proposed
to be used for that activity were identified in a formal budget request
to the Congress, but funds shall be deemed to be specifically
authorized for that activity only to the extent that the Congress both
authorized the funds to be appropriated for that activity and
appropriated the funds for that activity; or
(B) although the funds were not formally requested,
the Congress both specifically authorized the appropriation of the
funds for the activity and appropriated the funds for the activity.
SEC. 115. ENHANCED PERSONNEL MANAGEMENT.
(a) REWARDS FOR SERVICE IN CERTAIN POSITIONS- (1) The
National Intelligence Director shall prescribe regulations to provide
incentives for service on the staff of the national intelligence
centers, on the staff of the National Counterterrorism Center, and in
other positions in support of the intelligence community management
functions of the Director.
(2) Incentives under paragraph (1) may include financial
incentives, bonuses, and such other awards and incentives as the
Director considers appropriate.
(b) ENHANCED PROMOTION FOR SERVICE UNDER NID-
Notwithstanding any other provision of law, the National Intelligence
Director shall ensure that personnel of an element of the intelligence
community who are assigned or detailed to service under the National
Intelligence Director shall be promoted at rates equivalent to or
better than personnel of such element who are not so assigned or
detailed.
(c) JOINT CAREER MATTERS- (1) In carrying out section
112(a)(8), the National Intelligence Director shall prescribe
mechanisms to facilitate the rotation of personnel of the intelligence
community through various elements of the intelligence community in the
course of their careers in order to facilitate the widest possible
understanding by such personnel of the variety of intelligence
requirements, methods, and disciplines.
(2) The mechanisms prescribed under paragraph (1) may include the following:
(A) The establishment of special occupational
categories involving service, over the course of a career, in more than
one element of the intelligence community.
(B) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two or more
elements of the intelligence community.
(C) The establishment of requirements for education,
training, service, and evaluation that involve service in more than one
element of the intelligence community.
(3) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent practical, seek
to duplicate within the intelligence community the joint officer
management policies established by the Goldwater-Nichols Department of
Defense Reorganization Act of 1986 (Public Law 99-433) and the
amendments on joint officer management made by that Act.
SEC. 116. SECURITY CLEARANCES.
(a) IN GENERAL- The President, in consultation with the
National Intelligence Director, the department, agency, or element
selected under (b), and other appropriate officials shall--
(1) establish uniform standards and procedures for the
grant of access to classified information for employees and contractor
personnel of the United States Government who require access to such
information;
(2) ensure the consistent implementation of the
standards and procedures established under paragraph (1) throughout the
departments, agencies, and elements of the United States Government and
under contracts entered into by such departments, agencies, and
elements;
(3) ensure that an individual who is granted or
continued eligibility for access to classified information is treated
by each department, agency, or element of the executive branch as
eligible for access to classified information at that level for all
purposes of each such department, agency, or element, regardless of
which department, agency, or element of the executive branch granted or
continued the eligibility of such individual for access to classified
information;
(4) establish uniform requirements and standards,
including for security questionnaires, financial disclosure
requirements, and standards for administering polygraph examinations,
to be utilized for the performance of security clearance
investigations, including by the contractors conducting such
investigations; and
(5) ensure that the database established under subsection (b)(2)(B) meets the needs of the intelligence community.
(b) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS- (1)
Not later than 45 days after the date of the enactment of this Act, the
President shall select a single department, agency, or element of the
executive branch to conduct all security clearance investigations of
employees and contractor personnel of the United States Government who
require access to classified information and to provide and maintain
all security clearances of such employees and contractor personnel.
(2) The department, agency, or element selected under paragraph (1) shall--
(A) take all necessary actions to carry out the
requirements of this section, including entering into a memorandum of
understanding with any agency carrying out responsibilities relating to
security clearances or security clearance investigations before the
date of the enactment of this Act;
(B) as soon as practicable, establish and maintain
a single database for tracking security clearance applications,
security clearance investigations, and determinations of eligibility
for security clearances, which database shall incorporate applicable
elements of similar databases in existence on the date of the enactment
of this Act; and
(C) ensure that security clearance investigations
are conducted in accordance with uniform standards and requirements
established under subsection (a)(4), including uniform security
questionnaires and financial disclosure requirements.
(c) ADJUDICATION AND GRANT OF SECURITY CLEARANCES- (1) Each
agency that adjudicates and grants security clearances as of the date
of the enactment of this Act may continue to adjudicate and grant
security clearances after that date.
(2) Each agency that adjudicates and grants security
clearances shall specify to the department, agency, or element selected
under subsection (b) the level of security clearance investigation
required for an individual under its jurisdiction.
(3) Upon granting or continuing eligibility for access to
classified information to an individual under its jurisdiction, an
agency that adjudicates and grants security clearances shall submit to
the department, agency, or element selected under subsection (b) notice
of that action, including the level of access to classified information
granted.
(d) UTILIZATION OF PERSONNEL- There shall be transferred to
the department, agency, or element selected under subsection (b) any
personnel of any executive agency whose sole function as of the date of
the enactment of this Act is the performance of security clearance
investigations.
(e) TRANSITION- The President shall take appropriate
actions to ensure that the performance of security clearance
investigations under this section commences not later than one year
after the date of the enactment of this Act.
SEC. 117. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) ESTABLISHMENT- The National Intelligence Director may
provide for the establishment and training of a National Intelligence
Reserve Corps (in this section referred to as `National Intelligence
Reserve Corps') for the temporary reemployment on a voluntary basis of
former employees of elements of the intelligence community during
periods of emergency, as determined by the Director.
(b) ELIGIBLE INDIVIDUALS- An individual may participate in
the National Intelligence Reserve Corps only if the individual
previously served as a full time employee of an element of the
intelligence community.
(c) PERSONNEL STRENGTH LEVEL- Congress shall authorize the
personnel strength level for the National Intelligence Reserve Corps
for each fiscal year.
(d) TERMS OF PARTICIPATION- The National Intelligence
Director shall prescribe the terms and conditions under which eligible
individuals may participate in the National Intelligence Reserve Corps.
(e) EXPENSES- The National Intelligence Director may
provide members of the National Intelligence Reserve Corps
transportation and per diem in lieu of subsistence for purposes of
participating in any training that relates to service as a member of
the Reserve Corps.
(f) TREATMENT OF ANNUITANTS- (1) If an annuitant receiving
an annuity from the Civil Service Retirement and Disability Fund
becomes temporarily reemployed pursuant to this section, such annuity
shall not be discontinued thereby.
(2) An annuitant so reemployed shall not be considered an
employee for the purposes of chapter 83 or 84 of title 5, United States
Code.
(g) TREATMENT UNDER NATIONAL INTELLIGENCE AUTHORITY
PERSONNEL CEILING- A member of the National Intelligence Reserve Corps
who is reemployed on a temporary basis pursuant to this section shall
not count against any personnel ceiling applicable to the National
Intelligence Authority.
SEC. 118. APPOINTMENT AND TERMINATION OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.
(a) RECOMMENDATION OF NID IN CERTAIN APPOINTMENT- In the
event of a vacancy in the position of Director of the Central
Intelligence Agency, the National Intelligence Director shall recommend
to the President an individual for nomination to fill the vacancy.
(b) NID RECOMMENDATION OR CONCURRENCE IN CERTAIN
APPOINTMENTS- With respect to any position as head of an agency,
organization, or element within the intelligence community (other than
the Director of the Central Intelligence Agency)--
(1) if the appointment to such position is made by the
President, any recommendation to the President to nominate or appoint
an individual to such position shall be accompanied by the
recommendation of the National Intelligence Director with respect to
the nomination or appointment of such individual to such position; and
(2) if the appointment to such position is made by the
head of the department containing such agency, organization, or
element, the Director of the Central Intelligence Agency, or a
subordinate official of such department or of the Central Intelligence
Agency, no individual may be appointed to such position without the
concurrence of the National Intelligence Director.
(c) PRESIDENTIAL AUTHORITY- This section, and the
amendments made by this section, shall apply to the fullest extent
consistent with the authority of the President under the Constitution
relating to nomination, appointment, and supervision of the unitary
executive branch.
(d) RECOMMENDATION OF NID ON TERMINATION OF SERVICE- (1)
The National Intelligence Director may recommend to the President or
the head of the department or agency concerned the termination of
service of any individual serving in any position covered by this
section.
(2) In the event the Director intends to recommend to the
President the termination of service of an individual under paragraph
(1), the Director shall seek the concurrence of the head of the
department or agency concerned. If the head of the department or agency
concerned does not concur in the recommendation, the Director may make
the recommendation to the President without the concurrence of the head
of the department or agency concerned, but shall notify the President
that the head of the department or agency concerned does not concur in
the recommendation.
(e) CONFORMING AMENDMENTS- (1) Section 201 of title 10, United States Code, is amended--
(A) by striking subsection (a);
(B) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively;
(C) by striking `Director of Central Intelligence' each place it appears and inserting `National Intelligence Director';
(D) in subsection (a), as so redesignated--
(I) by striking `seek' and inserting `obtain'; and
(II) by striking the second sentence; and
(I) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(II) by inserting after subparagraph (A) the following new subparagraph (B):
`(B) The Director of the Defense Intelligence Agency.'; and
(E) in paragraph (2) of subsection (b), as so redesignated--
(i) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and
(ii) by inserting after subparagraph (A) the following new subparagraph (B):
`(B) The Director of the Defense Intelligence Agency.'.
(2)(A) The heading of such section is amended by striking `consultation and'.
(B) The table of sections at the beginning of subchapter II
of chapter 8 of such title is amended in the item relating to section
201 by striking `consultation and'.
SEC. 119. RESERVE FOR CONTINGENCIES.
(a) ESTABLISHMENT- There is hereby established on the books
of the Treasury an account to be known as the Reserve for Contingencies
for the National Intelligence Director and the Director of the Central
Intelligence Agency.
(b) ELEMENTS- The Reserve shall consist of the following elements:
(1) Amounts authorized to be appropriated to the Reserve.
(2) Any amounts authorized to be transferred to or deposited in the Reserve by law.
(c) AVAILABILITY- Amounts in the Reserve shall be available
for such purposes as are provided by law. Any use of funds from the
Reserve shall be subject to the direction and approval of the National
Intelligence Director and in accordance with procedures issued by the
Director.
(d) TRANSFER OF FUNDS OF RESERVE FOR CONTINGENCIES OF CIA-
There shall be transferred to the Reserve for Contingencies all
unobligated balances of the Reserve for Contingencies of the Central
Intelligence Agency as of the date of the enactment of this Act.
Subtitle C--Office of the National Intelligence Director
SEC. 121. OFFICE OF THE NATIONAL INTELLIGENCE DIRECTOR.
(a) OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- There is
within the National Intelligence Authority an Office of the National
Intelligence Director.
(b) FUNCTION- The function of the Office of the National
Intelligence Director is to assist the National Intelligence Director
in carrying out the duties and responsibilities of the Director under
this Act, the National Security Act of 1947 (50 U.S.C. 401 et seq.),
and other applicable provisions of law, and to carry out such other
duties as may be prescribed by the President or by law.
(c) COMPOSITION- The Office of the National Intelligence Director is composed of the following:
(1) The Principal Deputy National Intelligence Director.
(2) Any Deputy National Intelligence Director appointed under section 122(b).
(3) The National Intelligence Council.
(4) The General Counsel of the National Intelligence Authority.
(5) The Officer for Civil Rights and Civil Liberties of the National Intelligence Authority.
(6) The Privacy Officer of the National Intelligence Authority.
(7) The Chief Information Officer of the National Intelligence Authority.
(8) The Chief Human Capital Officer of the National Intelligence Authority.
(9) The Chief Financial Officer of the National Intelligence Authority.
(10) The Chief Scientist of the National Intelligence Authority.
(11) The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive).
(12) Such other offices and officials as may be established by law or the Director may establish or designate in the Office.
(d) STAFF- (1) To assist the National Intelligence Director
in fulfilling the duties and responsibilities of the Director, the
Director shall employ and utilize in the Office of the National
Intelligence Director a professional staff having an expertise in
matters relating to such duties and responsibilities, and may establish
permanent positions and appropriate rates of pay with respect to that
staff.
(2) The staff of the Office of the National Intelligence
Director under paragraph (1) shall include the staff of the Office of
the Deputy Director of Central Intelligence for Community Management
that is transferred to the Office of the National Intelligence Director
under section 321.
(e) PROHIBITION ON CO-LOCATION WITH OTHER ELEMENTS OF
INTELLIGENCE COMMUNITY- Commencing as of October 1, 2006, the Office of
the National Intelligence Director may not be co-located with any other
element of the intelligence community.
SEC. 122. DEPUTY NATIONAL INTELLIGENCE DIRECTORS.
(a) PRINCIPAL DEPUTY NATIONAL INTELLIGENCE DIRECTOR- (1)
There is a Principal Deputy National Intelligence Director who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) In the event of a vacancy in the position of Principal
Deputy National Intelligence Director, the National Intelligence
Director shall recommend to the President an individual for appointment
as Principal Deputy National Intelligence Director.
(3) Any individual nominated for appointment as Principal
Deputy National Intelligence Director shall have extensive national
security experience and management expertise.
(4) The individual serving as Principal Deputy National
Intelligence Director may not, while so serving, serve in any capacity
in any other element of the intelligence community, except to the
extent that the individual serving as Principal Deputy National
Intelligence Director is doing so in an acting capacity.
(5) The Principal Deputy National Intelligence Director
shall assist the National Intelligence Director in carrying out the
duties and responsibilities of the Director.
(6) The Principal Deputy National Intelligence Director
shall act for, and exercise the powers of, the National Intelligence
Director during the absence or disability of the National Intelligence
Director or during a vacancy in the position of National Director of
Intelligence.
(b) DEPUTY NATIONAL INTELLIGENCE DIRECTORS- (1) There may
be not more than four Deputy National Intelligence Directors who shall
be appointed by the President.
(2) In the event of a vacancy in any position of Deputy
National Intelligence Director established under this subsection, the
National Intelligence Director shall recommend to the President an
individual for appointment to such position.
(3) Each Deputy National Intelligence Director appointed
under this subsection shall have such duties, responsibilities, and
authorities as the National Intelligence Director may assign or are
specified by law.
SEC. 123. NATIONAL INTELLIGENCE COUNCIL.
(a) NATIONAL INTELLIGENCE COUNCIL- There is a National Intelligence Council.
(b) COMPOSITION- (1) The National Intelligence Council
shall be composed of senior analysts within the intelligence community
and substantive experts from the public and private sector, who shall
be appointed by, report to, and serve at the pleasure of, the National
Intelligence Director.
(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private sector as a
condition of service on the Council, or as contractors of the Council
or employees of such contractors, to ensure the protection of
intelligence sources and methods while avoiding, wherever possible,
unduly intrusive requirements which the Director considers to be
unnecessary for this purpose.
(c) DUTIES AND RESPONSIBILITIES- (1) The National Intelligence Council shall--
(A) produce national intelligence estimates for the
United States Government, including alternative views held by elements
of the intelligence community and other information as specified in
paragraph (2);
(B) evaluate community-wide collection and production
of intelligence by the intelligence community and the requirements and
resources of such collection and production; and
(C) otherwise assist the National Intelligence Director
in carrying out the responsibilities of the Director under section 111.
(2) The National Intelligence Director shall ensure that
the Council satisfies the needs of policymakers and other consumers of
intelligence by ensuring that each national intelligence estimate under
paragraph (1), and each other National Intelligence Council product--
(A) states separately, and distinguishes between, the
intelligence underlying such estimate or product and the assumptions
and judgments of analysts with respect to such intelligence and such
estimate or product;
(B) describes the quality and reliability of the intelligence underlying such estimate or product;
(C) presents and explains alternative conclusions, if
any, with respect to the intelligence underlying such estimate or
product and such estimate or product, as the case may be; and
(D) characterizes the uncertainties, if any, and confidence in such estimate or product.
(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS- Within their
respective areas of expertise and under the direction of the National
Intelligence Director, the members of the National Intelligence Council
shall constitute the senior intelligence advisers of the intelligence
community for purposes of representing the views of the intelligence
community within the United States Government.
(e) AUTHORITY TO CONTRACT- Subject to the direction and
control of the National Intelligence Director, the National
Intelligence Council may carry out its responsibilities under this
section by contract, including contracts for substantive experts
necessary to assist the Council with particular assessments under this
section.
(f) STAFF- The National Intelligence Director shall make
available to the National Intelligence Council such staff as may be
necessary to permit the Council to carry out its responsibilities under
this section.
(g) AVAILABILITY OF COUNCIL AND STAFF- (1) The National
Intelligence Director shall take appropriate measures to ensure that
the National Intelligence Council and its staff satisfy the needs of
policymaking officials and other consumers of intelligence.
(2) The Council shall be readily accessible to policymaking
officials and other appropriate individuals not otherwise associated
with the intelligence community.
(h) SUPPORT- The heads of the elements of the intelligence
community shall, as appropriate, furnish such support to the National
Intelligence Council, including the preparation of intelligence
analyses, as may be required by the National Intelligence Director.
(i) NATIONAL INTELLIGENCE COUNCIL PRODUCT- For purposes of
this section, the term `National Intelligence Council product' includes
a National Intelligence Estimate and any other intelligence community
assessment that sets forth the judgment of the intelligence community
as a whole on a matter covered by such product.
SEC. 124. GENERAL COUNSEL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) GENERAL COUNSEL OF NATIONAL INTELLIGENCE AUTHORITY-
There is a General Counsel of the National Intelligence Authority who
shall be appointed from civilian life by the President, by and with the
advice and consent of the Senate.
(b) PROHIBITION ON DUAL SERVICE AS GENERAL COUNSEL OF
ANOTHER AGENCY- The individual serving in the position of General
Counsel of the National Intelligence Authority may not, while so
serving, also serve as the General Counsel of any other department,
agency, or element of the United States Government.
(c) SCOPE OF POSITION- The General Counsel of the National
Intelligence Authority is the chief legal officer of the National
Intelligence Authority.
(d) FUNCTIONS- The General Counsel of the National
Intelligence Authority shall perform such functions as the National
Intelligence Director may prescribe.
SEC. 125. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES OF
NATIONAL INTELLIGENCE AUTHORITY- There is an Officer for Civil Rights
and Civil Liberties of the National Intelligence Authority who shall be
appointed by the National Intelligence Director.
(b) SUPERVISION- The Officer for Civil Rights and Civil
Liberties of the National Intelligence Authority shall report directly
to the National Intelligence Director.
(c) DUTIES- The Officer for Civil Rights and Civil Liberties of the National Intelligence Authority shall--
(1) assist the National Intelligence Director in
ensuring that the protection of civil rights and civil liberties, as
provided in the Constitution, laws, regulations, and Executive orders
of the United States, is appropriately incorporated in--
(A) the policies and procedures developed for and implemented by the National Intelligence Authority;
(B) the policies and procedures regarding the
relationships among the elements of the intelligence community within
the National Intelligence Program; and
(C) the policies and procedures regarding the
relationships between the elements of the intelligence community within
the National Intelligence Program and the other elements of the
intelligence community;
(2) oversee compliance by the Authority, and in the
relationships described in paragraph (1), with requirements under the
Constitution and all laws, regulations, Executive orders, and
implementing guidelines relating to civil rights and civil liberties;
(3) review, investigate, and assess complaints and
other information indicating possible abuses of civil rights or civil
liberties, as provided in the Constitution, laws, regulations, and
Executive orders of the United States, in the administration of the
programs and operations of the Authority, and in the relationships
described in paragraph (1), unless, in the determination of the
Inspector General of the National Intelligence Authority, the review,
investigation, or assessment of a particular complaint or information
can better be conducted by the Inspector General;
(4) coordinate with the Privacy Officer of the National
Intelligence Authority to ensure that programs, policies, and
procedures involving civil rights, civil liberties, and privacy
considerations are addressed in an integrated and comprehensive manner;
and
(5) perform such other duties as may be prescribed by the Director or specified by law.
SEC. 126. PRIVACY OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) PRIVACY OFFICER OF NATIONAL INTELLIGENCE AUTHORITY-
There is a Privacy Officer of the National Intelligence Authority who
shall be appointed by the National Intelligence Director.
(b) DUTIES- (1) The Privacy Officer of the National
Intelligence Authority shall have primary responsibility for the
privacy policy of the National Intelligence Authority (including in the
relationships among the elements of the intelligence community within
the National Intelligence Program and the relationships between the
elements of the intelligence community within the National Intelligence
Program and the other elements of the intelligence community).
(2) In discharging the responsibility under paragraph (1), the Privacy Officer shall--
(A) assure that the use of technologies sustain, and do
not erode, privacy protections relating to the use, collection, and
disclosure of personal information;
(B) assure that personal information contained in
Privacy Act systems of records is handled in full compliance with fair
information practices as set out in the Privacy Act of 1974;
(C) conduct privacy impact assessments when appropriate or as required by law; and
(D) coordinate with the Officer for Civil Rights and
Civil Liberties of the National Intelligence Authority to ensure that
programs, policies, and procedures involving civil rights, civil
liberties, and privacy considerations are addressed in an integrated
and comprehensive manner.
SEC. 127. CHIEF INFORMATION OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) CHIEF INFORMATION OFFICER OF NATIONAL INTELLIGENCE
AUTHORITY- There is a Chief Information Officer of the National
Intelligence Authority who shall be appointed by the National
Intelligence Director.
(b) DUTIES- The Chief Information Officer of the National Intelligence Authority shall--
(1) assist the National Intelligence Director in
implementing the responsibilities and executing the authorities related
to information technology under paragraphs (17) and (18) of section
112(a) and section 113(h); and
(2) perform such other duties as may be prescribed by the Director or specified by law.
SEC. 128. CHIEF HUMAN CAPITAL OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) CHIEF HUMAN CAPITAL OFFICER OF NATIONAL INTELLIGENCE
AUTHORITY- There is a Chief Human Capital Officer of the National
Intelligence Authority who shall be appointed by the National
Intelligence Director.
(b) DUTIES- The Chief Human Capital Officer of the National Intelligence Authority shall--
(1) have the functions and authorities provided for
Chief Human Capital Officers under sections 1401 and 1402 of title 5,
United States Code, with respect to the National Intelligence
Authority; and
(2) advise and assist the National Intelligence
Director in exercising the authorities and responsibilities of the
Director with respect to the workforce of the intelligence community as
a whole.
SEC. 129. CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) CHIEF FINANCIAL OFFICER OF NATIONAL INTELLIGENCE
AUTHORITY- There is a Chief Financial Officer of the National
Intelligence Authority who shall be designated by the President, in
consultation with the National Intelligence Director.
(b) DESIGNATION REQUIREMENTS- The designation of an
individual as Chief Financial Officer of the National Intelligence
Authority shall be subject to applicable provisions of section 901(a)
of title 31, United States Code.
(c) AUTHORITIES AND FUNCTIONS- The Chief Financial Officer of the National Intelligence Authority shall--
(1) have such authorities, and carry out such
functions, with respect to the National Intelligence Authority as are
provided for an agency Chief Financial Officer by section 902 of title
31, United States Code, and other applicable provisions of law;
(2) assist the National Intelligence Director in the
preparation and execution of the budget of the elements of the
intelligence community within the National Intelligence Program;
(3) assist the Director in participating in the
development by the Secretary of Defense of the annual budget for
military intelligence programs and activities outside the National
Intelligence Program;
(4) provide unfettered access to the Director to financial information under the National Intelligence Program; and
(5) perform such other duties as may be prescribed by the Director or specified by law.
(d) COORDINATION WITH NIA COMPTROLLER- (1) The Chief
Financial Officer of the National Intelligence Authority shall
coordinate with the Comptroller of the National Intelligence Authority
in exercising the authorities and performing the functions provided for
the Chief Financial Officer under this section.
(2) The National Intelligence Director shall take such
actions as are necessary to prevent duplication of effort by the Chief
Financial Officer of the National Intelligence Authority and the
Comptroller of the National Intelligence Authority.
(e) INTEGRATION OF FINANCIAL SYSTEMS- Subject to the
supervision, direction, and control of the National Intelligence
Director, the Chief Financial Officer of the National Intelligence
Authority shall take appropriate actions to ensure the timely and
effective integration of the financial systems of the National
Intelligence Authority (including any elements or components
transferred to the Authority by this Act), and of the financial systems
of the Authority with applicable portions of the financial systems of
the other elements of the intelligence community, as soon as possible
after the date of the enactment of this Act.
(f) PROTECTION OF ANNUAL FINANCIAL STATEMENT FROM
DISCLOSURE- The annual financial statement of the National Intelligence
Authority required under section 3515 of title 31, United States Code--
(1) shall be submitted in classified form; and
(2) notwithstanding any other provision of law, shall be withheld from public disclosure.
SEC. 130. CHIEF SCIENTIST OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) CHIEF SCIENTIST OF NATIONAL INTELLIGENCE AUTHORITY-
There is a Chief Scientist of the National Intelligence Authority who
shall be appointed by the National Intelligence Director.
(b) REQUIREMENT RELATING TO APPOINTMENT- An individual
appointed as Chief Scientist of the National Intelligence Authority
shall have a professional background and experience appropriate for the
duties of the Chief Scientist.
(c) DUTIES- The Chief Scientist of the National Intelligence Authority shall--
(1) act as the chief representative of the National Intelligence Director for science and technology;
(2) chair the National Intelligence Authority Science and Technology Committee under subsection (d);
(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
(4) assist the Director on the science and technology elements of the budget of the National Intelligence Authority; and
(5) perform other such duties as may be prescribed by Director or by law.
(d) NATIONAL INTELLIGENCE AUTHORITY SCIENCE AND TECHNOLOGY
COMMITTEE- (1) There is within the Office of the Chief Scientist of the
National Intelligence Authority a National Intelligence Authority
Science and Technology Committee.
(2) The Committee shall be composed of composed of the principal science officers of the National Intelligence Program.
(3) The Committee shall--
(A) coordinate advances in research and development related to intelligence; and
(B) perform such other functions as the Chief Scientist of the National Intelligence Authority shall prescribe.
SEC. 131. NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) NATIONAL COUNTERINTELLIGENCE EXECUTIVE- The National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002 (title IX of Public Law
107-306; 50 U.S.C. 402b et seq.), as amended by section 310 of this
Act, is a component of the Office of the National Intelligence Director.
(b) DUTIES- The National Counterintelligence Executive
shall perform the duties provided in the Counterintelligence
Enhancement Act of 2002, as so amended, and such other duties as may be
prescribed by the National Intelligence Director or specified by law.
Subtitle D--Additional Elements of National Intelligence Authority
SEC. 141. INSPECTOR GENERAL OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) INSPECTOR GENERAL OF NATIONAL INTELLIGENCE AUTHORITY-
There is an Inspector General of the National Intelligence Authority.
The Inspector General of the National Intelligence Authority and the
Office of the Inspector General of the National Intelligence Authority
shall be subject to the provisions of the Inspector General Act of 1978
(5 U.S.C. App.).
(b) AMENDMENTS TO INSPECTOR GENERAL ACT OF 1978 RELATING TO
INSPECTOR GENERAL OF NATIONAL INTELLIGENCE AUTHORITY- The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by redesignating section 8J as section 8K; and
(2) by inserting after section 8I the following new section:
`SPECIAL PROVISIONS CONCERNING THE NATIONAL INTELLIGENCE AUTHORITY
`SEC. 8J. (a)(1) Notwithstanding the last 2 sentences of
section 3(a), the Inspector General of the National Intelligence
Authority (in this section referred to as the `Inspector General')
shall be under the authority, direction, and control of the National
Intelligence Director (in this section referred to as the `Director')
with respect to audits or investigations, or the issuance of subpoenas,
which require access to information concerning intelligence or
counterintelligence matters the disclosure of which would constitute a
serious threat to national security.
`(2) With respect to information described in paragraph
(1), the Director may prohibit the Inspector General from initiating,
carrying out, or completing any investigation, inspection, or audit, or
from issuing any subpoena, if the Director determines that such
prohibition is necessary to preserve the vital national security
interests of the United States.
`(3) If the Director exercises the authority under
paragraph (1) or (2), the Director shall submit to the congressional
intelligence committees an appropriately classified statement of the
reasons for the exercise of such authority within 7 days.
`(4) The Director shall advise the Inspector General at the
time a report under paragraph (3) is submitted, and, to the extent
consistent with the protection of intelligence sources and methods,
provide the Inspector General with a copy of such report.
`(5) The Inspector General may submit to the congressional
intelligence committees any comments on a report of which the Inspector
General has notice under paragraph (4) that the Inspector General
considers appropriate.
`(b) In addition to the qualifications for the appointment
of the Inspector General under section 3(a), the Inspector General
shall be appointed on the basis of prior experience in the field of
intelligence or national security.
`(c)(1)(A) In addition to the duties and responsibilities
of the Inspector General specified elsewhere in this Act, the Inspector
General shall, for the purpose stated in subparagraph (B), provide
policy direction for, and conduct, supervise, and coordinate audits and
investigations relating to--
`(i) the coordination and collaboration among elements
of the intelligence community within the National Intelligence Program;
and
`(ii) the coordination and collaboration between
elements of the intelligence community within the National Intelligence
Program and other elements of the intelligence community.
`(B) The Inspector General shall conduct the activities
described in subparagraph (A) to ensure that the coordination and
collaboration referred to in that paragraph is conducted efficiently
and in accordance with applicable law and regulation.
`(C) Before undertaking any investigation, inspection, or
audit under subparagraph (A), the Inspector General shall consult with
any other inspector general having responsibilities regarding an
element of the intelligence community whose activities are involved in
the investigation, inspection, or audit for the purpose of avoiding
duplication of effort and ensuring effective coordination and
cooperation.
`(2) In addition to the matters of which the Inspector
General is required to keep the Director and Congress fully and
currently informed under section 4(a), the Inspector General shall--
`(A) keep the Director and Congress fully and currently informed concerning--
`(i) violations of civil liberties and privacy that
may occur in the programs and operations of the National Intelligence
Authority; and
`(ii) violations of law and regulations, violations
of civil liberties and privacy, and fraud and other serious problems,
abuses, and deficiencies that may occur in the coordination and
collaboration referred to in clauses (i) and (ii) of paragraph (1)(A);
and
`(B) report the progress made in implementing corrective action with respect to the matters referred to in subparagraph (A).
`(3) To enable the Inspector General to fully and
effectively carry out the duties and responsibilities specified in this
Act, the Inspector General and the inspectors general of the other
elements of the intelligence community shall coordinate their internal
audit, inspection, and investigative activities to avoid duplication
and ensure effective coordination and cooperation.
`(4) The Inspector General shall take due regard for the
protection of intelligence sources and methods in the preparation of
all reports issued by the Inspector General, and, to the extent
consistent with the purpose and objective of such reports, take such
measures as may be appropriate to minimize the disclosure of
intelligence sources and methods described in such reports.
`(d)(1) Each semiannual report prepared by the Inspector General under section 5(a) shall--
`(A) include an assessment of the effectiveness of all
measures in place in the National Intelligence Authority for the
protection of civil liberties and privacy of United States persons; and
`(B) be transmitted by the Director to the congressional intelligence committees.
`(2) In addition the duties of the Inspector General and the Director under section 5(d)--
`(A) the Inspector General shall report immediately to
the Director whenever the Inspector General becomes aware of
particularly serious or flagrant problems, abuses, or deficiencies
relating to--
`(i) the coordination and collaboration among
elements of the intelligence community within the National Intelligence
Program; and
`(ii) the coordination and collaboration between
elements of the intelligence community within the National Intelligence
Program and other elements of the intelligence community; and
`(B) the Director shall transmit to the congressional
intelligence committees each report under subparagraph (A) within 7
calendar days of receipt of such report, together with such comments as
the Director considers appropriate.
`(3) Any report required to be transmitted by the Director
to the appropriate committees or subcommittees of Congress under
section 5(d) shall also be transmitted, within the 7-day period
specified in that section, to the congressional intelligence committees.
`(A) the Inspector General is unable to resolve any
differences with the Director affecting the execution of the duties or
responsibilities of the Inspector General;
`(B) an investigation, inspection, or audit carried out
by the Inspector General should focus on any current or former National
Intelligence Authority official who holds or held a position in the
Authority that is subject to appointment by the President, by and with
the advice and consent of the Senate, including such a position held on
an acting basis;
`(C) a matter requires a report by the Inspector
General to the Department of Justice on possible criminal conduct by a
current or former official described in subparagraph (B);
`(D) the Inspector General receives notice from the
Department of Justice declining or approving prosecution of possible
criminal conduct of any current or former official described in
subparagraph (B); or
`(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or audit,
the Inspector General shall immediately notify and submit a report on such matter to the congressional intelligence committees.
`(5) Pursuant to title V of the National Security Act of
1947 (50 U.S.C. 413 et seq.), the Director shall submit to the
congressional intelligence committees any report or findings and
recommendations of an investigation, inspection, or audit conducted by
the office which has been requested by the Chairman or Ranking Minority
Member of either committee.
`(e)(1) In addition to the other authorities of the
Inspector General under this Act, the Inspector General shall have
access to any personnel of the National Intelligence Authority, or any
employee of a contractor of the Authority, whose testimony is needed
for the performance of the duties of the Inspector General. Whenever
such access is, in the judgment of the Inspector General, unreasonably
refused or not provided, the Inspector General shall report the
circumstances to the Director without delay.
`(2) Failure on the part of any employee or contractor of
the National Intelligence Authority to cooperate with the Inspector
General shall be grounds for appropriate administrative actions by the
Director, including loss of employment or termination of an existing
contractual relationship.
`(3) Whenever, in the judgment of the Director, an element
of the intelligence community that is part of the National Intelligence
Program has unreasonably refused or not provided information or
assistance requested by the Inspector General under paragraph (1) or
(3) of section 6(a), the Director shall so inform the head of the
element, who shall promptly provide such information or assistance to
the Inspector General.
`(4) The level of classification or compartmentalization of
information shall not, in and of itself, provide a sufficient rationale
for denying the Inspector General access to any materials under section
6(a).
`(f) In addition to the authorities and requirements in
section 7 regarding the receipt of complaints by the Inspector General--
`(1) the Inspector General is authorized to receive and
investigate complaints or information from any person concerning the
existence of an activity constituting a violation of laws, rules, or
regulations, or mismanagement, gross waste of funds, abuse of
authority, or a substantial and specific danger to the public health
and safety; and
`(2) once such complaint or information has been received from an employee of the Federal Government--
`(A) the Inspector General shall not disclose the
identity of the employee without the consent of the employee, unless
the Inspector General determines that such disclosure is unavoidable
during the course of the investigation or the disclosure is made to an
official of the Department of Justice responsible for determining
whether a prosecution should be undertaken; and
`(B) no action constituting a reprisal, or threat
of reprisal, for making such complaint may be taken by any employee in
a position to take such actions, unless the complaint was made or the
information was disclosed with the knowledge that it was false or with
willful disregard for its truth or falsity.
`(g) In this section, the terms `congressional intelligence
committees', `intelligence community', and `National Intelligence
Program' have the meanings given such terms in section 2 of the
National Intelligence Reform Act of 2004.'.
(c) Technical and Conforming Amendments to Inspector
General Act of 1978- (1)(A) Section 8H(a)(1) of the Inspector General
Act of 1978 (5 U.S.C. App.) is further amended--
(i) by redesignating subparagraph (C) as subparagraph (D); and
(ii) by inserting after subparagraph (B) the following new subparagraph (C):
`(C) An employee of the National Intelligence Authority, of
an entity other than the Authority who is assigned or detailed to the
Authority, or of a contractor of the Authority who intends to report to
Congress a complaint or information with respect to an urgent concern
may report the complaint or information to the Inspector General of the
National Intelligence Authority.'.
(B) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section 701(b) of
the Intelligence Community Whistleblower Protection Act of 1998 (title
VII of Public Law 105-272; 5 U.S.C. App. 8H note).
(2) The Inspector General Act of 1978 is further amended--
(A) in section 8K, as redesignated by subsection (b)(1)
of this section, by striking `8F or 8H' and inserting `8F, 8H, 8I, or
8J'; and
(i) in paragraph (1), by inserting `the National Intelligence Director;' after `the Attorney General;'; and
(ii) in paragraph (2), by inserting `the National
Intelligence Authority,' after `the National Aeronautics and Space
Administration,'.
(d) SEPARATE BUDGET ACCOUNT- The National Intelligence
Director shall, in accordance with procedures to be issued by the
Director in consultation with congressional intelligence committees,
include in the National Intelligence Program budget a separate account
for the Office of Inspector General of the National Intelligence
Authority.
(e) SENSE OF CONGRESS ON ADOPTION OF STANDARDS OF REVIEW-
It is the sense of Congress that the Inspector General of the National
Intelligence Authority, in consultation with other Inspectors General
of the intelligence community and the President's Council on Integrity
and Efficiency, should adopt standards for review and related precedent
that are generally used by the intelligence community for reviewing
whistleblower reprisal complaints made under sections 7 and 8J(f) of
the Inspector General Act of 1978.
SEC. 142. OMBUDSMAN OF THE NATIONAL INTELLIGENCE AUTHORITY.
(a) OMBUDSMAN OF NATIONAL INTELLIGENCE AUTHORITY- There is
within the National Intelligence Authority an Ombudsman of the National
Intelligence Authority who shall be appointed by the National
Intelligence Director.
(b) DUTIES- The Ombudsman of the National Intelligence Authority shall--
(1) counsel, arbitrate, or offer recommendations on,
and have the authority to initiate inquiries into, real or perceived
problems of politicization, biased reporting, or lack of objective
analysis within the National Intelligence Authority, or any element of
the intelligence community within the National Intelligence Program, or
regarding any analysis of national intelligence by any element of the
intelligence community;
(2) monitor the effectiveness of measures taken to deal
with real or perceived politicization, biased reporting, or lack of
objective analysis within the Authority, or any element of the
intelligence community within the National Intelligence Program, or
regarding any analysis of national intelligence by any element of the
intelligence community; and
(3) conduct regular and detailed reviews of the
analytic product or products of the Authority, or any element of the
intelligence community within the National Intelligence Program, or of
any analysis of national intelligence by any element of the
intelligence community, with such reviews to be conducted so as to
ensure that analysis is timely, objective, independent of political
considerations, based upon all sources available to the intelligence
community, and performed in a manner consistent with sound analytic
methods and tradecraft, including reviews for purposes of determining
whether or not--
(A) such product or products state separately, and
distinguish between, the intelligence underlying such product or
products and the assumptions and judgments of analysts with respect to
the intelligence and such product or products;
(B) such product or products describe the quality and reliability of the intelligence underlying such product or products;
(C) such product or products present and explain
alternative conclusions, if any, with respect to the intelligence
underlying such product or products;
(D) such product or products characterizes the uncertainties, if any, and the confidence in such product or products; and
(E) the analyst or analysts responsible for such
product or products had appropriate access to intelligence information
from all sources, regardless of the source of the information, the
method of collection of the information, the elements of the
intelligence community that collected the information, or the location
of such collection.
(c) ANALYTIC REVIEW UNIT- (1) There is within the Office of
the Ombudsman of the National Intelligence Authority an Analytic Review
Unit.
(2) The Analytic Review Unit shall assist the Ombudsman of
the National Intelligence Authority in performing the duties and
responsibilities of the Ombudsman set forth in subsection (b)(3).
(3) The Ombudsman shall provide the Analytic Review Unit a
staff who possess expertise in intelligence analysis that is
appropriate for the function of the Unit.
(4) In assisting the Ombudsman, the Analytic Review Unit
shall, subject to the direction and control of the Ombudsman, conduct
detailed evaluations of intelligence analysis by the following:
(A) The National Intelligence Council.
(B) The elements of the intelligence community within the National Intelligence Program.
(C) To the extent involving the analysis of national intelligence, other elements of the intelligence community.
(D) The divisions, offices, programs, officers, and employees of the elements specified in subparagraphs (B) and (C).
(5)(A) The results of the evaluations under paragraph (4)
shall be provided to the congressional intelligence committees and to
appropriate heads of other departments, agencies, and elements of the
executive branch.
(B) The results of the evaluations under paragraph (4)
shall also be distributed as appropriate throughout the intelligence
community as a method for training intelligence community analysts and
promoting the development of sound analytic methods and tradecraft. To
ensure the widest possible distribution of the evaluations, the
Analytic Review Unit shall, when appropriate, produce evaluations at
multiple classification levels.
(6) Upon completion of the evaluations under paragraph (4),
the Analytic Review Unit may make such recommendations to the National
Intelligence Director and to appropriate heads of the elements of the
intelligence community for awards, commendations, additional training,
or disciplinary or other actions concerning personnel as the Analytic
Review Unit considers appropriate in light of such evaluations. Any
recommendation of the Analytic Review Unit under this paragraph shall
not be considered binding on the official receiving such recommendation.
(d) ACCESS TO INFORMATION AND PERSONNEL- (1) In order to
carry out the duties specified in subsection (c), the Ombudsman of the
National Intelligence Authority, the Analytic Review Unit, and other
staff of the Office of the Ombudsman of the National Intelligence
Authority shall, unless otherwise directed by the President, have
access to all analytic products, operational and field reports, and raw
intelligence of any element of the intelligence community, and to any
reports or other material of an Inspector General, that might be
pertinent to a matter under consideration by the Ombudsman.
(2) The Ombudsman, the Analytic Review Unit, and other
staff of the Office shall have access to any employee, or any employee
of a contractor, of the intelligence community whose testimony is
needed for the performance of the duties of the Ombudsman.
(e) ANNUAL REPORTS- The Ombudsman of the National
Intelligence Authority shall submit to the National Intelligence
Director and the congressional intelligence committees on an annual
basis a report that includes--
(1) the assessment of the Ombudsman of the current
level of politicization, biased reporting, or lack of objective
analysis within the National Intelligence Authority, or any element of
the intelligence community within the National Intelligence Program, or
regarding any analysis of national intelligence by any element of the
intelligence community;
(2) such recommendations for remedial measures as the Ombudsman considers appropriate; and
(3) an assessment of the effectiveness of remedial
measures previously taken within the intelligence community on matters
addressed by the Ombudsman.
(f) REFERRAL OF CERTAIN MATTERS FOR INVESTIGATION- In
addition to carrying out activities under this section, the Ombudsman
of the National Intelligence Authority may refer serious cases of
misconduct related to politicization of intelligence information,
biased reporting, or lack of objective analysis within the intelligence
community to the Inspector General of the National Intelligence
Authority for investigation.
SEC. 143. NATIONAL COUNTERTERRORISM CENTER.
(a) NATIONAL COUNTERTERRORISM CENTER- There is within the National Intelligence Authority a National Counterterrorism Center.
(b) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER- (1) There
is a Director of the National Counterterrorism Center, who shall be the
head of the National Counterterrorism Center, and who shall be
appointed by the President, by and with the advice and consent of the
Senate.
(2) Any individual nominated for appointment as the
Director of the National Counterterrorism Center shall have significant
expertise in matters relating to the national security of the United
States and matters relating to terrorism that threatens the national
security of the United States.
(3) The individual serving as the Director of the National
Counterterrorism Center may not, while so serving, serve in any
capacity in any other element of the intelligence community, except to
the extent that the individual serving as Director of the National
Counterterrorism Center is doing so in an acting capacity.
(c) SUPERVISION- (1) The Director of the National
Counterterrorism Center shall report to the National Intelligence
Director on--
(A) the budget and programs of the National Counterterrorism Center; and
(B) the activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (g).
(2) The Director of the National Counterterrorism Center
shall report to the President and the National Intelligence Director on
the planning and progress of joint counterterrorism operations.
(d) PRIMARY MISSIONS- The primary missions of the National Counterterrorism Center shall be as follows:
(1) To develop and unify strategy for the civilian and military counterterrorism efforts of the United States Government.
(2) To integrate counterterrorism intelligence
activities of the United States Government, both inside and outside the
United States.
(3) To develop interagency counterterrorism plans, which plans shall--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise directed by the
President); and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of action, coordination
of agency operational activities, recommendations for operational
plans, and assignment of departmental or agency responsibilities.
(4) To ensure that the collection of counterterrorism
intelligence, and the conduct of counterterrorism operations, by the
United States Government are informed by the analysis of all-source
intelligence.
(e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF NATIONAL
COUNTERTERRORISM CENTER- Notwithstanding any other provision of law, at
the direction of the President, the National Security Council, and the
National Intelligence Director, the Director of the National
Counterterrorism Center shall--
(1) serve as the principal adviser to the President and
the National Intelligence Director on interagency counterterrorism
planning and activities;
(2) provide unified strategic direction for the
civilian and military counterterrorism efforts of the United States
Government and for the effective integration and deconfliction of
counterterrorism intelligence and operations across agency boundaries,
both inside and outside the United States;
(3) advise the President and the National Intelligence
Director on the extent to which the counterterrorism program
recommendations and budget proposals of the departments, agencies, and
elements of the United States Government conform to the priorities
established by the President and the National Security Council;
(4) in accordance with subsection (f), concur in, or
advise the President on, the selections of personnel to head the
operating entities of the United States Government with principal
missions relating to counterterrorism; and
(5) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law.
(f) ROLE OF DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER IN
CERTAIN APPOINTMENTS- (1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or agency
having jurisdiction over the position shall obtain the concurrence of
the Director of the National Counterterrorism Center before appointing
an individual to fill the vacancy or recommending to the President an
individual for nomination to fill the vacancy. If the Director does not
concur in the recommendation, the head of the department or agency
concerned may fill the vacancy or make the recommendation to the
President (as the case may be) without the concurrence of the Director,
but shall notify the President that the Director does not concur in the
appointment or recommendation (as the case may be).
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Central Intelligence Agency's Counterterrorist Center.
(B) The Assistant Director of the Federal Bureau of Investigation in charge of the Counterterrorism Division.
(C) The Coordinator for Counterterrorism of the Department of State.
(D) The head of such other operating entities of the
United States Government having principal missions relating to
counterterrorism as the President may designate for purposes of this
subsection.
(3) The President shall notify Congress of the designation
of an operating entity of the United States Government under paragraph
(2)(D) not later than 30 days after the date of such designation.
(g) DIRECTORATE OF INTELLIGENCE- (1) The Director of the
National Counterterrorism Center shall establish and maintain within
the National Counterterrorism Center a Directorate of Intelligence.
(2) The Directorate shall utilize the capabilities of the
Terrorist Threat Integration Center (TTIC) transferred to the
Directorate by section 323 and such other capabilities as the Director
of the National Counterterrorism Center considers appropriate.
(3) The Directorate shall have primary responsibility
within the United States Government for analysis of terrorism and
terrorist organizations from all sources of intelligence, whether
collected inside or outside the United States.
(4) The Directorate shall--
(A) be the principal repository within the United
States Government for all-source information on suspected terrorists,
their organizations, and their capabilities;
(B) propose intelligence collection and analytic
requirements for action by elements of the intelligence community
inside and outside the United States;
(C) have primary responsibility within the United
States Government for net assessments and warnings about terrorist
threats, which assessments and warnings shall be based on a comparison
of terrorist intentions and capabilities with assessed national
vulnerabilities and countermeasures;
(D) conduct, or recommend to the National Intelligence
Director to direct an element or elements of the intelligence community
to conduct, competitive analyses of intelligence products relating to
suspected terrorists, their organizations, and their capabilities,
plans, and intentions, particularly products having national importance;
(E) implement policies and procedures to encourage
coordination by all elements of the intelligence community that conduct
analysis of intelligence regarding terrorism of all Directorate
products of national importance and, as appropriate, other products,
before their final dissemination; and
(F) perform such other duties and functions as the Director of the National Counterterrorism Center may prescribe.
(h) DIRECTORATE OF PLANNING- (1) The Director of the
National Counterterrorism Center shall establish and maintain within
the National Counterterrorism Center a Directorate of Planning.
(2) The Directorate shall have primary responsibility for
developing interagency counterterrorism plans, as described in
subsection (d)(3).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and
interagency plans, to counter terrorist activities based on policy
objectives and priorities established by the National Security Council;
(B) develop interagency plans under subparagraph (A)
utilizing input from personnel in other departments, agencies, and
elements of the United States Government who have expertise in the
priorities, functions, assets, programs, capabilities, and operations
of such departments, agencies, and elements with respect to
counterterrorism;
(C) assign responsibilities for counterterrorism
operations to the departments and agencies of the United States
Government (including the Department of Defense, the Central
Intelligence Agency, the Federal Bureau of Investigation, the
Department of Homeland Security, and other departments and agencies of
the United States Government), consistent with the authorities of such
departments and agencies;
(D) monitor the implementation of operations assigned
under subparagraph (C) and update interagency plans for such operations
as necessary;
(E) report to the President and the National
Intelligence Director on the compliance of the departments, agencies,
and elements of the United States with the plans developed under
subparagraph (A); and
(F) perform such other duties and functions as the Director of the National Counterterrorism Center may prescribe.
(4) The Directorate may not direct the execution of operations assigned under paragraph (3).
(i) STAFF- (1) The National Intelligence Director may
appoint deputy directors of the National Counterterrorism Center to
oversee such portions of the operations of the Center as the National
Intelligence Director considers appropriate.
(2) To assist the Director of the National Counterterrorism
Center in fulfilling the duties and responsibilities of the Director of
the National Counterterrorism Center under this section, the National
Intelligence Director shall employ in the National Counterterrorism
Center a professional staff having an expertise in matters relating to
such duties and responsibilities.
(3) In providing for a professional staff for the National
Counterterrorism Center under paragraph (2), the National Intelligence
Director may establish as positions in the excepted service such
positions in the Center as the National Intelligence Director considers
appropriate.
(4) The National Intelligence Director shall ensure that
the analytical staff of the National Counterterrorism Center is
comprised primarily of experts from elements in the intelligence
community and from such other personnel in the United States Government
as the National Intelligence Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4), the National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to the
National Counterterrorism Center from any other element of the
intelligence community that the National Intelligence Director
considers appropriate; and
(ii) in the case of personnel from a department,
agency, or element of the United States Government and not funded
within the National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department, agency, or
other element concerned.
(B)(i) The head of an element of the intelligence community
shall promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the
United States Government receiving a request for transfer, assignment,
or detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(C) Employees of Federally Funded Research and Development
Centers (as that term is defined in part 2 of the Federal Acquisition
Regulation), including employees of the Department of Energy national
laboratories who are associated with field intelligence elements of the
Department of Energy, shall be eligible to serve under contract or
other mechanism with the National Counterterrorism Center under this
paragraph.
(6) Personnel employed in or assigned or detailed to the
National Counterterrorism Center under this subsection shall be under
the authority, direction, and control of the Director of the National
Counterterrorism Center on all matters for which the Center has been
assigned responsibility and for all matters related to the
accomplishment of the missions of the Center.
(7) Performance evaluations of personnel assigned or
detailed to the National Counterterrorism Center under this subsection
shall be undertaken by the supervisors of such personnel at the Center.
(8) The supervisors of the staff of the National
Counterterrorism Center may, with the approval of the National
Intelligence Director, reward the staff of the Center for meritorious
performance by the provision of such performance awards as the National
Intelligence Director shall prescribe.
(9) The National Intelligence Director may delegate to the
Director of the National Counterterrorism Center any responsibility,
power, or authority of the National Intelligence Director under
paragraphs (1) through (8).
(10) The National Intelligence Director shall ensure that
the staff of the National Counterterrorism Center has access to all
databases maintained by the elements of the intelligence community that
are relevant to the duties of the Center.
(j) SUPPORT AND COOPERATION OF OTHER AGENCIES- (1) The
elements of the intelligence community and the other departments,
agencies, and elements of the United States Government shall support,
assist, and cooperate with the National Counterterrorism Center in
carrying out its missions under this section.
(2) The support, assistance, and cooperation of a
department, agency, or element of the United States Government under
this subsection shall include, but not be limited to--
(A) the implementation of interagency plans for
operations, whether foreign or domestic, that are developed by the
National Counterterrorism Center in a manner consistent with the laws
and regulations of the United States and consistent with the limitation
in subsection (h)(4);
(B) cooperative work with the Director of the National
Counterterrorism Center to ensure that ongoing operations of such
department, agency, or element do not conflict with joint operations
planned by the Center;
(C) reports, upon request, to the Director of the
National Counterterrorism Center on the progress of such department,
agency, or element in implementing responsibilities assigned to such
department, agency, or element through joint operations plans; and
(D) the provision to the analysts of the National
Counterterrorism Center of electronic access in real time to
information and intelligence collected by such department, agency, or
element that is relevant to the missions of the Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency, or element
of the United States Government on a plan developed or responsibility
assigned by the National Counterterrorism Center under this subsection,
the National Intelligence Director may either accede to the head of the
department, agency, or element concerned or notify the President of the
necessity of resolving the disagreement.
SEC. 144. NATIONAL COUNTERPROLIFERATION CENTER.
(a) NATIONAL COUNTERPROLIFERATION CENTER- (1) Within one
year of enactment of this Act there shall be established within the
National Intelligence Authority a National Counterproliferation Center.
(2) The purpose of the Center is to develop, direct, and
coordinate the efforts and activities of the United States Government
to interdict the trafficking of weapons of mass destruction, related
materials and technologies, and their delivery systems to terrorists,
terrorist organizations, other non-state actors of concern, and state
actors of concern.
(b) DIRECTOR OF NATIONAL COUNTERPROLIFERATION CENTER- (1)
There is a Director of the National Counterproliferation Center, who
shall be the head of the National Counterproliferation Center, and who
shall be appointed by the President, by and with the advice and consent
of the Senate.
(2) Any individual nominated for appointment as the
Director of the National Counterproliferation Center shall have
significant expertise in matters relating to the national security of
the United States and matters relating to the proliferation of weapons
of mass destruction, their delivery systems, and related materials and
technologies that threaten the national security of the United States,
its interests, and allies.
(3) The individual serving as the Director of the National
Counterproliferation Center may not, while so serving, serve in any
capacity in any other element of the intelligence community, except to
the extent that the individual serving as Director of the National
Counterproliferation Center is doing so in an acting capacity.
(c) SUPERVISION- (1) The Director of the National
Counterproliferation Center shall report to the National Intelligence
Director on the budget, personnel, activities, and programs of the
National Counterproliferation Center.
(2) The Director of the National Counterproliferation
Center shall report to the National Intelligence Director on the
activities of the Directorate of Intelligence of the National
Counterproliferation Center under subsection (f).
(3) The Director of the National Counterproliferation
Center shall report to the President and the National Intelligence
Director on the planning and progress of counterproliferation
operations.
(d) PRIMARY MISSIONS- The primary missions of the National Counterproliferation Center shall be as follows:
(1) To develop and unify strategy for the counterproliferation efforts of the United States Government.
(2) To make recommendations to the National
Intelligence Director with regard to the collection and analysis
requirements and priorities of the National Counterproliferation Center.
(3) To integrate counterproliferation intelligence
activities of the United States Government, both inside and outside the
United States, and with other governments.
(4) To conduct strategic planning and develop
recommended courses of action for multilateral and United States
Government counterproliferation activities which--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise directed by the
President) of the United States Government; and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of action, coordination
of agency operational activities, recommendations for operational
activities, and assignment of national, departmental, or agency
responsibilities.
(5) To ensure that the collection, analysis, and
utilization of counterproliferation intelligence, and the conduct of
counterproliferation operations, by the United States Government are
informed by the analysis of all-source intelligence.
(e) DUTIES AND RESPONSIBILITIES OF DIRECTOR OF NATIONAL
COUNTERPROLIFERATION CENTER- Notwithstanding any other provision of
law, at the direction of the President and the National Intelligence
Director, the Director of the National Counterproliferation Center
shall--
(1) serve as a principal adviser to the President and
the National Intelligence Director on operations relating to
interagency counterproliferation planning and activities;
(2) provide unified strategic direction for the
counterproliferation efforts of the United States Government and for
the effective integration and deconfliction of counterproliferation
intelligence and operations across agency boundaries, both inside and
outside the United States, and with foreign governments;
(3) advise the President and the National Intelligence
Director on the extent to which the counterproliferation program
recommendations and budget proposals of the departments, agencies, and
elements of the United States Government conform to the policies and
priorities established by the President and the National Security
Council;
(4) advise the President on the selections of personnel
to head the nonmilitary operating entities of the United States
Government with principal missions relating to counterproliferation;
(5) advise the President and the National Intelligence
Director on the science and technology research and development
requirements and priorities of the counterproliferation programs and
activities of the United States Government; and
(6) perform such other duties as the National Intelligence Director may prescribe or are prescribed by law;
(f) DIRECTORATE OF INTELLIGENCE- (1) The Director of the
National Counterproliferation Center shall establish and maintain
within the National Counterproliferation Center a Directorate of
Intelligence.
(2) The Directorate shall have primary responsibility
within the United States Government for the analysis of information
regarding proliferators (including individuals, entities,
organizations, companies, and states) and their networks, from all
sources of intelligence, whether collected inside or outside the United
States.
(3) The Directorate shall--
(A) be the principal repository within the United
States Government for all-source information on suspected
proliferators, their networks, their activities, and their capabilities;
(B) propose intelligence collection and analysis
requirements and priorities for action by elements of the intelligence
community inside and outside the United States;
(C) have primary responsibility within the United
States Government for net assessments and warnings about weapons of
mass destruction proliferation threats, which assessments and warnings
shall be based on a comparison of the intentions and capabilities of
proliferators with assessed national vulnerabilities and
countermeasures;
(D) conduct through a separate office independent
analyses (commonly referred to as `red teaming') of intelligence
collected and analyzed with respect to proliferation; and
(E) perform such other duties and functions as the Director of the National Counterproliferation Center may prescribe.
(g) DIRECTORATE OF PLANNING- (1) The Director of the
National Counterproliferation Center shall establish and maintain
within the National Counterproliferation Center a Directorate of
Planning.
(2) The Directorate shall have primary responsibility for
conducting strategic planning and developing courses of action for
counterproliferation activities, as described in subsection (d)(4).
(3) The Directorate shall--
(A) provide guidance, and develop strategy and
interagency plans, to counter proliferation activities based on policy
objectives and priorities established by the National Security Council;
(B) develop plans under subparagraph (A) utilizing
input from personnel in other departments, agencies, and elements of
the United States Government who have expertise in the priorities,
functions, assets, programs, capabilities, and operations of such
departments, agencies, and elements with respect to
counterproliferation;
(C) assign responsibilities and propose courses of
action for counterproliferation operations to the departments and
agencies of the United States Government (including the Department of
Defense, the Department of State, the Central Intelligence Agency, the
Federal Bureau of Investigation, the Department of Homeland Security,
and other departments and agencies of the United States Government),
consistent with the authorities of such departments and agencies;
(D) monitor the implementation of operations assigned
under subparagraph (C) and update interagency plans for such operations
as necessary;
(E) report to the President and the National
Intelligence Director on the performance of the departments, agencies,
and elements of the United States with regard to the plans developed
under subparagraph (A); and
(F) perform such other duties and functions as the Director of the National Counterproliferation Center may prescribe.
(4) The Directorate may not direct the execution of operations assigned under paragraph (3).
(h) STAFF- (1) The National Intelligence Director may
appoint deputy directors of the National Counterproliferation Center to
oversee such portions of the operations of the Center as the National
Intelligence Director considers appropriate.
(2) To assist the Director of the National
Counterproliferation Center in fulfilling the duties and
responsibilities of the Director of the National Counterproliferation
Center under this section, the National Intelligence Director shall
employ in the National Counterproliferation Center a professional staff
having an expertise in matters relating to such duties and
responsibilities.
(3) In providing for a professional staff for the National
Counterproliferation Center under paragraph (2), the National
Intelligence Director may establish as positions in the excepted
service such positions in the Center as the National Intelligence
Director considers appropriate.
(4) The National Intelligence Director shall ensure that
the analytical staff of the National Counterproliferation Center is
comprised primarily of experts from elements in the intelligence
community and from such other personnel in the United States Government
as the National Intelligence Director considers appropriate.
(5)(A) In order to meet the requirements in paragraph (4), the National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to the
National Counterproliferation Center from any element of the
intelligence community that the National Intelligence Director
considers appropriate; and
(ii) in the case of personnel from a department,
agency, or element of the United States Government and not funded
within the National Intelligence Program, request the transfer,
assignment, or detail of such personnel from the department, agency, or
other element concerned.
(B)(i) The head of an element of the intelligence community
shall promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the
United States Government receiving a request for transfer, assignment,
or detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(6) Personnel employed in or assigned or detailed to the
National Counterproliferation Center under this subsection shall be
under the authority, direction, and control of the Director of the
National Counterproliferation Center on all matters for which the
Center has been assigned responsibility and for all matters related to
the accomplishment of the missions of the Center.
(7) Performance evaluations of personnel assigned or
detailed to the National Counterproliferation Center under this
subsection shall be undertaken by the supervisors of such personnel at
the Center.
(8) The supervisors of the staff of the National
Counterproliferation Center may, with the approval of the National
Intelligence Director, reward the staff of the Center for meritorious
performance by the provision of such performance awards as the National
Intelligence Director shall prescribe.
(9) The National Intelligence Director may delegate to the
Director of the National Counterproliferation Center any
responsibility, power, or authority of the National Intelligence
Director under paragraphs (1) through (8).
(10) The National Intelligence Director shall ensure that
the staff of the National Counterproliferation Center has access to all
databases and information maintained by the elements of the
intelligence community that are relevant to the duties of the Center.
(i) SUPPORT AND COOPERATION OF OTHER AGENCIES- (1) The
elements of the intelligence community and the other departments,
agencies, and elements of the United States Government shall support,
assist, and cooperate with the National Counterproliferation Center in
carrying out its missions under this section.
(2) The support, assistance, and cooperation of a
department, agency, or element of the United States Government under
this subsection shall include, but not be limited to--
(A) the implementation of interagency plans for
operations, whether foreign or domestic, that are developed by the
National Counterproliferation Center in a manner consistent with the
laws and regulations of the United States and consistent with the
limitation in subsection (g)(4);
(B) cooperative work with the Director of the National
Counterproliferation Center to ensure that ongoing operations of such
department, agency, or element do not conflict with operations planned
by the Center;
(C) reports, upon request, to the Director of the
National Counterproliferation Center on the performance of such
department, agency, or element in implementing responsibilities
assigned to such department, agency, or element through joint
operations plans; and
(D) the provision to the analysts of the National
Counterproliferation Center electronic access in real time to
information and intelligence collected by such department, agency, or
element that is relevant to the missions of the Center.
(3) In the event of a disagreement between the National
Intelligence Director and the head of a department, agency, or element
of the United States Government on a plan developed or responsibility
assigned by the National Counterproliferation Center under this
subsection, the National Intelligence Director may either accede to the
head of the department, agency, or element concerned or notify the
President of the necessity of resolving the disagreement.
(j) DEFINITIONS- In this section:
(1) The term `counterproliferation' means--
(A) activities, programs and measures for
interdicting (including deterring, preventing, halting, and rolling
back) the transfer or transport (whether by air, land or sea) of
weapons of mass destruction, their delivery systems, and related
materials and technologies to and from states and non-state actors
(especially terrorists and terrorist organizations) of proliferation
concern;
(B) enhanced law enforcement activities and
cooperation to deter, prevent, halt, and rollback proliferation-related
networks, activities, organizations, and individuals, and bring those
involved to justice; and
(C) activities, programs, and measures for
identifying, collecting, and analyzing information and intelligence
related to the transfer or transport of weapons, systems, materials,
and technologies as described in subparagraph (A).
(2) `Counterproliferation' does not include--
(A) the Cooperative Threat reduction and other
threat reduction programs run or administered by the Department of
Defense, Department of Energy and Department of State;
(B) the nonproliferation efforts and activities of
the United States government as they apply to the implementation and
management of nonproliferation treaties, conventions, and regimes, or;
(C) programs designed to protect members of the
Armed Forces from the employment of weapons of mass destruction by
developing and fielding protective equipment, gear and clothing, and
other means to enhance the survivability of Armed Forces personnel on
the battlefield.
(3) The term `states and non-state actors of
proliferation concern' refers to countries or entities (including
individuals, entities, organizations, companies, and networks) that
should be subject to counterproliferation activities because of their
actions or intent to engage in proliferation through--
(A) efforts to develop or acquire chemical, biological, or nuclear weapons and associated delivery systems; or
(B) transfers (either selling, receiving, or
facilitating) of weapons of mass destruction, their delivery systems,
or related materials.
(k) REPORTS ON ESTABLISHMENT- (1)(A) The President shall
submit to Congress a report on the plans of the President to establish
the National Counterproliferation Center as required by this section.
(B) The report shall be submitted not later than six months
after the date of the enactment of this Act, and not later than 30 days
before the date of the establishment of the National
Counterproliferation Center.
(2) The President shall submit to Congress from time to
time such updates of the plans under paragraph (1) (a) as the President
considers appropriate. Each update shall include such recommendations
for legislative or administrative action as the President considers
appropriate to improve the effectiveness of the National
Counterproliferation Center consistent with its mission.
(l) CONSTRUCTION WITH CERTAIN CONDITIONS- Nothing in this
section shall override recommendations contained in the forthcoming
final report of the President's Commission on Weapons of Mass
Destruction, established by Executive Order in February 2004, that will
improve the effectiveness of the National Counterproliferation Center: Provided, That
in the case of a conflict between the Weapons of Mass Destruction
Commission's final report and the National Counterproliferation Center
as established in this section, the Congress and the President shall
consider the Commission's recommendations and act as soon as
practicable thereafter to make such modifications to statute as deemed
necessary.
SEC. 145. NATIONAL INTELLIGENCE CENTERS.
(a) NATIONAL INTELLIGENCE CENTERS- (1) The National
Intelligence Director may establish within the National Intelligence
Authority one or more centers (to be known as `national intelligence
centers') to address intelligence priorities established by the
National Security Council.
(2) Each national intelligence center established under
this section shall be assigned an area of intelligence responsibility,
whether expressed in terms of geographic region, in terms of function,
or in other terms.
(3) There may be established under this subsection one or
more national intelligence centers having intelligence responsibility
for the following:
(A) The nuclear terrorism threats confronting the United States.
(B) The chemical terrorism threats confronting the United States.
(C) The biological terrorism threats confronting the United States.
(4) National intelligence centers shall be established at
the direction of the President, as prescribed by law, or upon the
initiative of the National Intelligence Director.
(b) ESTABLISHMENT OF CENTERS- (1) In establishing a
national intelligence center, the National Intelligence Director shall
assign lead responsibility for administrative support for such center
to an element of the intelligence community selected by the Director
for that purpose.
(2) The Director shall determine the structure and size of each national intelligence center.
(3) The Director shall notify Congress of the establishment
of each national intelligence center before the date of the
establishment of such center. Each notice on a center shall set forth
the mission of such center, the area of intelligence responsibility of
such center, and the proposed structure of such center.
(c) DIRECTORS OF CENTERS- (1) Each national intelligence
center shall have as its head a Director who shall be appointed by the
National Intelligence Director for that purpose.
(2) The Director of a national intelligence center shall
serve as the principal adviser to the National Intelligence Director on
intelligence matters with respect to the area of intelligence
responsibility assigned to the center.
(3) In carrying out duties under paragraph (2), the Director of a national intelligence center shall--
(A) manage the operations of the center;
(B) coordinate the provision of administration and
support by the element of the intelligence community with lead
responsibility for the center under subsection (b)(1);
(C) submit budget and personnel requests for the center to the National Intelligence Director;
(D) seek such assistance from other departments,
agencies, and elements of the United States Government as is needed to
fulfill the mission of the center; and
(E) advise the National Intelligence Director of the
information technology, personnel, and other requirements of the center
for the performance of its mission.
(4) The National Intelligence Director shall ensure that
the Director of a national intelligence center has sufficient
authority, direction, and control of the center and the personnel of
the center to effectively accomplish the mission of the center.
(5) If the Director of a national intelligence center
determines at any time that the authority, direction, and control of
the Director over the center is insufficient to accomplish the mission
of the center, the Director shall promptly notify the National
Intelligence Director of that determination.
(d) MISSION OF CENTERS- Pursuant to the direction of the
National Intelligence Director, each national intelligence center
shall, in the area of intelligence responsibility assigned to the
center by the Director pursuant to intelligence priorities established
by the President--
(1) have primary responsibility for providing
all-source analysis of intelligence based upon intelligence gathered
both abroad and domestically;
(2) have primary responsibility for identifying and
proposing to the National Intelligence Director intelligence collection
and analysis requirements;
(3) have primary responsibility for net assessments and warnings;
(4) ensure that appropriate officials of the United
States Government and other appropriate officials have access to a
variety of intelligence assessments and analytical views;
(5) develop and unify strategy for the collection and analysis of all-source intelligence;
(6) integrate intelligence collection and analysis, both inside and outside the United States;
(7) at the discretion of the NID develop interagency plans for the collection of all-source intelligence, which plans shall--
(A) involve more than one department, agency, or
element of the executive branch (unless otherwise directed by the
President); and
(B) include the mission, objectives to be achieved,
courses of action, parameters for such courses of action, coordination
of agencies intelligence collection activities, recommendations for
intelligence collection plans, and assignment of departmental or agency
responsibilities;
(8) ensure that the collection of all-source
intelligence and the conduct of operations are informed by the analysis
of all-source intelligence; and
(9) perform such other duties as the National Intelligence Director shall specify.
(e) INFORMATION SHARING- (1) The National Intelligence
Director shall ensure that the Directors of the national intelligence
centers and the other elements of the intelligence community undertake
appropriate sharing of intelligence analysis and plans for operations
in order to facilitate the activities of the centers, including through
the establishment of mechanisms for the sharing of information and
analysis among and between national intelligence centers having
adjacent or significantly interrelated geographic regions or functional
areas of intelligence responsibility.
(2) In order to facilitate information sharing under paragraph (1), the Directors of the national intelligence centers shall--
(A) report directly to the National Intelligence Director regarding their activities under this section; and
(B) coordinate with the Principal Deputy National Intelligence Director regarding such activities.
(f) STAFF- (1) In providing for a professional staff for a
national intelligence center, the National Intelligence Director may
establish as positions in the excepted service such positions in the
center as the National Intelligence Director considers appropriate.
(2)(A) The National Intelligence Director shall, from time to time--
(i) specify the transfers, assignments, and details of
personnel funded within the National Intelligence Program to a national
intelligence center from any other element of the intelligence
community that the National Intelligence Director considers
appropriate; and
(ii) in the case of personnel from a department,
agency, or element of the United States Government not funded within
the National Intelligence Program, request the transfer, assignment, or
detail of such personnel from the department, agency, or other element
concerned.
(B)(i) The head of an element of the intelligence community
shall promptly effect any transfer, assignment, or detail of personnel
specified by the National Intelligence Director under subparagraph
(A)(i).
(ii) The head of a department, agency, or element of the
United States Government receiving a request for transfer, assignment,
or detail of personnel under subparagraph (A)(ii) shall, to the extent
practicable, approve the request.
(C) Employees of Federally Funded Research and Development
Centers (as that term is defined in part 2 of the Federal Acquisition
Regulation), including employees of the Department of Energy national
laboratories who are associated with field intelligence elements of the
Department of Energy, shall be eligible to serve under contract or
other mechanism with a national intelligence center under this
paragraph.
(3) Personnel employed in or assigned or detailed to a
national intelligence center under this subsection shall be under the
authority, direction, and control of the Director of the center on all
matters for which the center has been assigned responsibility and for
all matters related to the accomplishment of the mission of the center.
(4) Performance evaluations of personnel assigned or
detailed to a national intelligence center under this subsection shall
be undertaken by the supervisors of such personnel at the center.
(5) The supervisors of the staff of a national center may,
with the approval of the National Intelligence Director, reward the
staff of the center for meritorious performance by the provision of
such performance awards as the National Intelligence Director shall
prescribe.
(6) The National Intelligence Director may delegate to the
Director of a national intelligence center any responsibility, power,
or authority of the National Intelligence Director under paragraphs (1)
through (6).
(7) The Director of a national intelligence center may
recommend to the National Intelligence Director the reassignment to the
home element concerned of any personnel previously assigned or detailed
to the center from another element of the intelligence community.
(g) REVIEW AND MODIFICATION OF CENTERS- (1) Not less often
than once each year, the National Intelligence Director shall review
the area of intelligence responsibility assigned to each national
intelligence center under this section in order to determine whether or
not such area of responsibility continues to meet intelligence
priorities established by the National Security Council.
(2) Not less often than once each year, the National
Intelligence Director shall review the staffing and management of each
national intelligence center under this section in order to determine
whether or not such staffing or management remains appropriate for the
accomplishment of the mission of such center.
(3) The National Intelligence Director may at any time
recommend to the President a modification of the area of intelligence
responsibility assigned to a national intelligence center under this
section. The National Intelligence Director shall make any such
recommendation through, and with the approval of, the National Security
Council.
(h) SEPARATE BUDGET ACCOUNT- The National Intelligence
Director shall, in accordance with procedures to be issued by the
Director in consultation with the congressional intelligence
committees, include in the National Intelligence Program budget a
separate line item for each national intelligence center under this
section.
(i) TERMINATION- (1) The National Intelligence Director may
terminate a national intelligence center if the National Intelligence
Director determines that the center is no longer required to meet an
intelligence priority established by the President.
(2) The National Intelligence Director shall notify
Congress of any determination made under paragraph (1) before carrying
out such determination.
SEC. 145. OFFICE OF ALTERNATIVE ANALYSIS.
(a) OFFICE OF ALTERNATIVE ANALYSIS- There is within the National Intelligence Authority an Office of Alternative Analysis.
(b) HEAD OF OFFICE- The National Intelligence Director shall appoint the head of the Office of Alternative Analysis.
(c) INDEPENDENCE OF OFFICE- The National Intelligence
Director shall take appropriate actions to ensure the independence of
the Office of Alternative Analysis in its activities under this section.
(d) FUNCTION OF OFFICE- (1) The Office of Alternative
Analysis shall subject each National Intelligence Estimate (NIE),
before the completion of such estimate, to a thorough examination of
all facts, assumptions, analytic methods, and judgments utilized in or
underlying any analysis, estimation, plan, evaluation, or
recommendation contained in such estimate.
(2)(A) The Office may also subject any other intelligence
estimate, brief, survey, assessment, or report designated by the
National Intelligence Director to a thorough examination as described
in paragraph (1).
(B) Not later than 180 days after the date of the enactment
of this Act, the Director shall submit to the congressional
intelligence committees a report on the estimates, briefs, surveys,
assessments or reports, if any, designated by the Director under
subparagraph (A).
(3)(A) The purpose of an evaluation of an estimate or
document under this subsection shall be to provide an independent
analysis of any underlying facts, assumptions, and recommendations
contained in such estimate or document and to present alternative
conclusions, if any, arising from such facts or assumptions or with
respect to such recommendations.
(B) In order to meet the purpose set forth in subparagraph
(A), the Office shall, unless otherwise directed by the President, have
access to all analytic products, field reports, and raw intelligence of
any element of the intelligence community and such other reports and
information as the Director considers appropriate.
(4) The evaluation of an estimate or document under this
subsection shall be known as a `OAA analysis' of such estimate or
document.
(5) Each estimate or document covered by an evaluation
under this subsection shall include an appendix that contains the
findings and conclusions of the Office with respect to the estimate or
document, as the case may be, based upon the evaluation of the estimate
or document, as the case may be, by the Office under this subsection.
(6) The results of each evaluation of an estimate or
document under this subsection shall be submitted to the congressional
intelligence committees.
Subtitle E--Education and Training of Intelligence Community Personnel
SEC. 151. FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING.
The National Intelligence Director shall establish an
integrated framework that brings together the educational components of
the intelligence community in order to promote a more effective and
productive intelligence community through cross-disciplinary education
and joint training.
SEC. 152. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
(a) DEFINITIONS- In this section:
(1) AGENCY- The term `agency' means each element of the
intelligence community as determined by the National Intelligence
Director.
(2) INSTITUTION OF HIGHER EDUCATION- The term
`institution of higher education' has the meaning given that term under
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(3) PROGRAM- The term `Program' means the Intelligence Community Scholarship Program established under subsection (b).
(1) IN GENERAL- The National Intelligence Director, in
consultation with the head of each agency, shall establish a
scholarship program (to be known as the `Intelligence Community
Scholarship Program') to award scholarships to individuals that is
designed to recruit and prepare students for civilian careers in the
intelligence community to meet the critical needs of the intelligence
community agencies.
(2) SELECTION OF RECIPIENTS-
(A) MERIT AND AGENCY NEEDS- Individuals shall be
selected to receive scholarships under this section through a
competitive process primarily on the basis of academic merit and the
needs of the agency.
(B) DEMONSTRATED COMMITMENT- Individuals selected
under this section shall have a demonstrated commitment to the field of
study for which the scholarship is awarded.
(3) CONTRACTUAL AGREEMENTS- To carry out the Program
the head of each agency shall enter into contractual agreements with
individuals selected under paragraph (2) under which the individuals
agree to serve as full-time employees of the agency, for the period
described in subsection (h)(1), in positions needed by the agency and
for which the individuals are qualified, in exchange for receiving a
scholarship.
(c) ELIGIBILITY- In order to be eligible to participate in the Program, an individual shall--
(1) be enrolled or accepted for enrollment as a
full-time student at an institution of higher education and be pursuing
or intend to pursue undergraduate or graduate education in an academic
field or discipline described in the list made available under
subsection (e);
(2) be a United States citizen; and
(3) at the time of the initial scholarship award, not
be an employee (as defined under section 2105 of title 5, United States
Code).
(d) APPLICATION- An individual seeking a scholarship under
this section shall submit an application to the National Intelligence
Director at such time, in such manner, and containing such information,
agreements, or assurances as the Director may require.
(e) PROGRAMS AND FIELDS OF STUDY- The National Intelligence Director shall--
(1) make publicly available a list of academic programs
and fields of study for which scholarships under the Program may be
used; and
(2) update the list as necessary.
(1) IN GENERAL- The National Intelligence Director may
provide a scholarship under the Program for an academic year if the
individual applying for the scholarship has submitted to the Director,
as part of the application required under subsection (d), a proposed
academic program leading to a degree in a program or field of study on
the list made available under subsection (e).
(2) LIMITATION ON YEARS- An individual may not receive
a scholarship under this section for more than 4 academic years, unless
the National Intelligence Director grants a waiver.
(3) STUDENT RESPONSIBILITIES- Scholarship recipients shall maintain satisfactory academic progress.
(4) AMOUNT- The dollar amount of a scholarship under
this section for an academic year shall be determined under regulations
issued by the National Intelligence Director, but shall in no case
exceed the cost of tuition, fees, and other authorized expenses as
established by the Director.
(5) USE OF SCHOLARSHIPS- A scholarship provided under
this section may be expended for tuition, fees, and other authorized
expenses as established by the National Intelligence Director by
regulation.
(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION- The
National Intelligence Director may enter into a contractual agreement
with an institution of higher education under which the amounts
provided for a scholarship under this section for tuition, fees, and
other authorized expenses are paid directly to the institution with
respect to which the scholarship is provided.
(g) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES-
(1) SET ASIDE OF SCHOLARSHIPS- Notwithstanding
paragraphs (1) and (3) of subsection (c), 10 percent of the
scholarships awarded under this section shall be set aside for
individuals who are employees of agencies on the date of enactment of
this section to enhance the education of such employees in areas of
critical needs of agencies.
(2) FULL- OR PART-TIME EDUCATION- Employees who are
awarded scholarships under paragraph (1) shall be permitted to pursue
undergraduate or graduate education under the scholarship on a
full-time or part-time basis.
(1) PERIOD OF SERVICE- Except as provided in subsection
(j)(2), the period of service for which an individual shall be
obligated to serve as an employee of the agency is 24 months for each
academic year for which a scholarship under this section is provided.
Under no circumstances shall the total period of obligated service be
more than 8 years.
(2) BEGINNING OF SERVICE-
(A) IN GENERAL- Except as provided in subparagraph
(B), obligated service under paragraph (1) shall begin not later than
60 days after the individual obtains the educational degree for which
the scholarship was provided.
(B) DEFERRAL- In accordance with regulations
established by the National Intelligence Director, the Director or
designee may defer the obligation of an individual to provide a period
of service under paragraph (1) if the Director or designee determines
that such a deferral is appropriate.
(1) IN GENERAL- Scholarship recipients who fail to
maintain a high level of academic standing, as defined by the National
Intelligence Director, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily terminate
academic training before graduation from the educational program for
which the scholarship was awarded, shall be in breach of their
contractual agreement and, in lieu of any service obligation arising
under such agreement, shall be liable to the United States for
repayment within 1 year after the date of default of all scholarship
funds paid to them and to the institution of higher education on their
behalf under the agreement, except as provided in subsection (j)(2).
The repayment period may be extended by the Director when determined to
be necessary, as established by regulation.
(2) LIABILITY- Scholarship recipients who, for any
reason, fail to begin or complete their service obligation after
completion of academic training, or fail to comply with the terms and
conditions of deferment established by the National Intelligence
Director under subsection (h)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their agreements for the
reasons stated in the preceding sentence, the recipient shall be liable
to the United States for an amount equal to--
(A) the total amount of scholarships received by such individual under this section; and
(B) the interest on the amounts of such awards
which would be payable if at the time the awards were received they
were loans bearing interest at the maximum legal prevailing rate, as
determined by the Treasurer of the United States, multiplied by 3.
(j) CANCELLATION, WAIVER, OR SUSPENSION OF OBLIGATION-
(1) CANCELLATION- Any obligation of an individual
incurred under the Program (or a contractual agreement thereunder) for
service or payment shall be canceled upon the death of the individual.
(2) WAIVER OR SUSPENSION- The National Intelligence
Director shall prescribe regulations to provide for the partial or
total waiver or suspension of any obligation of service or payment
incurred by an individual under the Program (or a contractual agreement
thereunder) whenever compliance by the individual is impossible or
would involve extreme hardship to the individual, or if enforcement of
such obligation with respect to the individual would be contrary to the
best interests of the Government.
(k) REGULATIONS- The National Intelligence Director shall prescribe regulations necessary to carry out this section.
SEC. 153. ADDITIONAL EDUCATION AND TRAINING REQUIREMENTS.
(a) FINDINGS- Congress makes the following findings:
(1) Foreign language education is essential for the development of a highly-skilled workforce for the intelligence community.
(2) Since September 11, 2001, the need for language
proficiency levels to meet required national security functions has
been raised, and the ability to comprehend and articulate technical and
scientific information in foreign languages has become critical.
(b) LINGUISTIC REQUIREMENTS- (1) The National Intelligence Director shall--
(A) identify the linguistic requirements for the National Intelligence Authority;
(B) identify specific requirements for the range of
linguistic skills necessary for the intelligence community, including
proficiency in scientific and technical vocabularies of critical
foreign languages; and
(C) develop a comprehensive plan for the Authority to
meet such requirements through the education, recruitment, and training
of linguists.
(2) In carrying out activities under paragraph (1), the
Director shall take into account education grant programs of the
Department of Defense and the Department of Education that are in
existence as of the date of the enactment of this Act.
(3) Not later than one year after the date of the enactment
of this Act, and annually thereafter, the Director shall submit to
Congress a report on the requirements identified under paragraph (1),
including the success of the Authority in meeting such requirements.
Each report shall notify Congress of any additional resources
determined by the Director to be required to meet such requirements.
(4) Each report under paragraph (3) shall be in unclassified form, but may include a classified annex.
(c) PROFESSIONAL INTELLIGENCE TRAINING- The National
Intelligence Director shall require the head of each element and
component within the National Intelligence Authority who has
responsibility for professional intelligence training to periodically
review and revise the curriculum for the professional intelligence
training of the senior and intermediate level personnel of such element
or component in order to--
(1) strengthen the focus of such curriculum on the
integration of intelligence collection and analysis throughout the
Authority; and
(2) prepare such personnel for duty with other departments, agencies, and element of the intelligence community.
Subtitle F--Additional Authorities of National Intelligence Authority
SEC. 161. USE OF APPROPRIATED FUNDS.
(a) DISPOSAL OF PROPERTY- (1) If specifically authorized to
dispose of real property of the National Intelligence Authority under
any law enacted after the date of the enactment of this Act, the
National Intelligence Director shall, subject to paragraph (2),
exercise such authority in strict compliance with subchapter IV of
chapter 5 of title 40, United States Code.
(2) The Director shall deposit the proceeds of any disposal
of property of the National Intelligence Authority into the
miscellaneous receipts of the Treasury in accordance with section
3302(b) of title 31, United States Code.
(b) GIFTS- Gifts or donations of services or property of or
for the National Intelligence Authority may not be accepted, used, or
disposed of unless specifically permitted in advance in an
appropriations Act and only under the conditions and for the purposes
specified in such appropriations Act.
SEC. 162. ACQUISITION AND FISCAL AUTHORITIES.
(a) ACQUISITIONS OF MAJOR SYSTEMS- (1) For each
intelligence program within the National Intelligence Program for the
acquisition of a major system, the National Intelligence Director
shall--
(A) require the development and implementation of a
program management plan that includes cost, schedule, and performance
goals and program milestone criteria;
(B) serve as exclusive milestone decision
authority, except that with respect to Department of Defense programs
the Director shall serve as milestone decision authority jointly with
the Secretary of Defense or the designee of the Secretary; and
(i) review and assess the progress made toward the achievement of the goals and milestones established in such plan; and
(ii) submit to Congress a report on the results of such review and assessment.
(2) The National Intelligence Director shall prescribe
guidance for the development and implementation of program management
plans under this subsection. In prescribing such guidance, the Director
shall review Department of Defense guidance on program management plans
for Department of Defense programs for the acquisition of major systems
and, to the extent feasible, incorporate the principles of the
Department of Defense guidance into the Director's guidance under this
subsection.
(3) Nothing in this subsection may be construed to limit
the authority of the National Intelligence Director to delegate to any
other official any authority to perform the responsibilities of the
Director under this subsection.
(4) If the National Intelligence Director and the Secretary
of Defense are unable to reach agreement on a milestone decision under
this subsection, the Director shall assume milestone decision authority
subject to review by the President at the request of the Secretary.
(A) The term `intelligence program', with respect to the acquisition of a major system, means a program that--
(i) is carried out to acquire such major system for an element of the intelligence community; and
(ii) is funded in whole out of amounts available for the National Intelligence Program.
(B) The term `major system' has the meaning given such
term in section 4(9) of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 403(9)).
(b) AVAILABILITY OF FUNDS- Notwithstanding any other
provision of law (other than the provisions of this Act), sums
appropriated or otherwise made available to the National Intelligence
Authority may be expended for purposes necessary to carry out its
functions, including any function performed by the National
Intelligence Authority that is described in section 8(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403j(a)).
(c) RELATIONSHIP OF DIRECTOR'S AUTHORITY TO OTHER LAWS ON
ACQUISITION AND MANAGEMENT OF PROPERTY AND SERVICES- Section 113(e) of
title 40, United States Code, is amended--
(A) by striking `or' at the end of paragraph (18);
(B) by striking the period at the end of paragraph (19) and inserting `; or'; and
(C) by adding at the end the following new paragraph:
`(20) the National Intelligence Director.'.
(d) NATIONAL INTELLIGENCE DIRECTOR REPORT ON ENHANCEMENT OF
NSA AND NGIA ACQUISITION AUTHORITIES- Not later than one year after the
date of the enactment of this Act, the National Intelligence Director
shall--
(A) the acquisition authority of the Director of the National Security Agency; and
(B) the acquisition authority of the Director of the National Geospatial-Intelligence Agency; and
(2) submit to the Select Committee on Intelligence and
the Committee on Governmental Affairs of the Senate and the Permanent
Select Committee on Intelligence and the Committee on Government Reform
of the House of Representatives a report setting forth any recommended
enhancements of the acquisition authorities of the Director of the
National Security Agency and the Director of the National
Geospatial-Intelligence Agency that the National Intelligence Director
considers necessary.
(e) COMPTROLLER GENERAL REPORT ON ACQUISITION POLICIES AND
PROCEDURES- Not later than two years after the date of the enactment of
this Act, the Comptroller General of the United States shall submit to
Congress a report on the extent to which the policies and procedures
adopted for managing the acquisition of major systems for national
intelligence purposes, as identified by the National Intelligence
Director, are likely to result in successful cost, schedule, and
performance outcomes.
SEC. 163. PERSONNEL MATTERS.
(a) IN GENERAL- In addition to the authorities provided in
section 114, the National Intelligence Director may exercise with
respect to the personnel of the National Intelligence Authority any
authority of the Director of the Central Intelligence Agency with
respect to the personnel of the Central Intelligence Agency under the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and
other applicable provisions of law, as of the date of the enactment of
this Act to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
(b) TERMINATION OF EMPLOYEES- (1) Notwithstanding any other
provision of law, the National Intelligence Director may, in the
discretion of the Director, terminate the employment of any officer or
employee of the National Intelligence Authority 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.
(c) OTHER RIGHTS AND PROTECTIONS OF EMPLOYEES AND
APPLICANTS- Employees and applicants for employment of the National
Intelligence Authority shall have the same rights and protections under
the Authority as employees of the Central Intelligence Agency have
under the Central Intelligence Agency Act of 1949, and other applicable
provisions of law, as of the date of the enactment of this Act.
(d) REGULATIONS- The National Intelligence Director shall
prescribe regulations on the application of the authorities, rights,
and protections in and made applicable by subsections (a), (b), and
(c), to the personnel of the National Intelligence Authority.
SEC. 164. ETHICS MATTERS.
(a) POLITICAL SERVICE OF PERSONNEL- Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended--
(1) in subclause (XII), by striking `or' at the end; and
(2) by inserting after subclause (XIII) the following new subclause:
`(XIV) the National Intelligence Authority; or'.
(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS- Section 7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting `(A)' after `(4)';
(2) in subparagraph (A), as so designated, by striking
`the Director of Central Intelligence' and inserting `the Director of
the Central Intelligence Agency'; and
(3) by adding at the end the following new subparagraph:
`(B) In transmitting such listings for the National
Intelligence Authority, the National Intelligence Director may delete
the information described in subparagraphs (A) and (C) of paragraphs
(2) and (3) if the Director certifies in writing to the Secretary of
State that the publication of such information could adversely affect
United States intelligence sources.'.
(c) EXEMPTION FROM FINANCIAL DISCLOSURES- Section 105(a)(1)
of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting
`the National Intelligence Authority,' before `the Central Intelligence
Agency'.
TITLE II--OTHER IMPROVEMENTS OF INTELLIGENCE ACTIVITIES
Subtitle A--Improvements of Intelligence Activities
SEC. 201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.
(a) AMOUNTS REQUESTED EACH FISCAL YEAR- The President shall
disclose to the public for each fiscal year after fiscal year 2005 the
aggregate amount of appropriations requested in the budget of the
President for such fiscal year for the National Intelligence Program.
(b) AMOUNTS AUTHORIZED AND APPROPRIATED EACH FISCAL YEAR-
Congress shall disclose to the public for each fiscal year after fiscal
year 2005 the aggregate amount of funds authorized to be appropriated,
and the aggregate amount of funds appropriated, by Congress for such
fiscal year for the National Intelligence Program.
(c) STUDY OF DISCLOSURE OF ADDITIONAL INFORMATION- (1) The
National Intelligence Director shall conduct a study to assess the
advisability of disclosing to the public amounts as follows:
(A) The aggregate amount of appropriations requested in
the budget of the President for each fiscal year for each element of
the intelligence community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds appropriated, by
Congress for each fiscal year for each element of the intelligence
community.
(2) The study under paragraph (1) shall--
(A) address whether or not the disclosure to the public
of the information referred to in that paragraph would harm the
national security of the United States; and
(B) take into specific account concerns relating to the
disclosure of such information for each element of the intelligence
community.
(3) Not later than 180 days after the effective date of
this section, the Director shall submit to Congress a report on the
study under paragraph (1).
SEC. 202. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 401
et seq.) is amended by inserting after section 101 the following new
section:
`JOINT INTELLIGENCE COMMUNITY COUNCIL
`SEC. 101A. (a) JOINT INTELLIGENCE COMMUNITY COUNCIL- There is a Joint Intelligence Community Council.
`(b) MEMBERSHIP- The Joint Intelligence Community Council shall consist of the following:
`(1) The National Intelligence Director, who shall chair the Council.
`(2) The Secretary of State.
`(3) The Secretary of the Treasury.
`(4) The Secretary of Defense.
`(5) The Attorney General.
`(6) The Secretary of Energy.
`(7) The Secretary of Homeland Security.
`(8) Such other officers of the United States Government as the President may designate from time to time.
`(c) FUNCTIONS- The Joint Intelligence Community Council
shall assist the National Intelligence Director to in developing and
implementing a joint, unified national intelligence effort to protect
national security by--
`(1) advising the Director on establishing
requirements, developing budgets, financial management, and monitoring
and evaluating the performance of the intelligence community, and on
such other matters as the Director may request; and
`(2) ensuring the timely execution of programs, policies, and directives established or developed by the Director.
`(d) MEETINGS- The National Intelligence Director shall convene regular meetings of the Joint Intelligence Community Council.
`(e) ADVICE AND OPINIONS OF MEMBERS OTHER THAN CHAIRMAN-
(1) A member of the Joint Intelligence Community Council (other than
the Chairman) may submit to the Chairman advice or an opinion in
disagreement with, or advice or an opinion in addition to, the advice
presented by the National Intelligence Director to the President or the
National Security Council, in the role of the Chairman as Chairman of
the Joint Intelligence Community Council. If a member submits such
advice or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice of the
Chairman to the President or the National Security Council, as the case
may be.
`(2) The Chairman shall establish procedures to ensure that
the presentation of the advice of the Chairman to the President or the
National Security Council is not unduly delayed by reason of the
submission of the individual advice or opinion of another member of the
Council.
`(f) RECOMMENDATIONS TO CONGRESS- Any member of the Joint
Intelligence Community Council may make such recommendations to
Congress relating to the intelligence community as such member
considers appropriate.'.
SEC. 203. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) FINDINGS- Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon
the United States in its final report stated that, under Director
Robert Mueller, the Federal Bureau of Investigation has made
significant progress in improving its intelligence capabilities.
(2) In the report, the members of the Commission also
urged that the Federal Bureau of Investigation fully institutionalize
the shift of the Bureau to a preventive counterterrorism posture.
(b) IMPROVEMENT OF INTELLIGENCE CAPABILITIES- The Director
of the Federal Bureau of Investigation shall continue efforts to
improve the intelligence capabilities of the Federal Bureau of
Investigation and to develop and maintain within the Bureau a national
intelligence workforce.
(c) NATIONAL INTELLIGENCE WORKFORCE- (1) In developing and
maintaining a national intelligence workforce under subsection (b), the
Director of the Federal Bureau of Investigation shall, develop and
maintain a specialized and integrated national intelligence workforce
consisting of agents, analysts, linguists, and surveillance specialists
who are recruited, trained, and rewarded in a manner which ensures the
existence within the Federal Bureau of Investigation an institutional
culture with substantial expertise in, and commitment to, the
intelligence mission of the Bureau.
(2) Each agent employed by the Bureau after the date of the
enactment of this Act shall receive basic training in both criminal
justice matters and national intelligence matters.
(3) Each agent employed by the Bureau after the date of the
enactment of this Act shall, to the maximum extent practicable, be
given the opportunity to undergo, during such agent's early service
with the Bureau, meaningful assignments in criminal justice matters and
in national intelligence matters.
(A) establish career positions in national intelligence matters for agents, analysts, and related personnel of the Bureau; and
(B) in furtherance of the requirement under
subparagraph (A) and to the maximum extent practicable, afford agents,
analysts, and related personnel of the Bureau the opportunity to work
in the career specialty selected by such agents, analysts, and related
personnel over their entire career with the Bureau.
(5) The Director shall carry out a program to enhance the
capacity of the Bureau to recruit and retain individuals with
backgrounds in intelligence, international relations, language,
technology, and other skills relevant to the intelligence mission of
the Bureau.
(6) The Director shall, to the maximum extent practicable,
afford the analysts of the Bureau training and career opportunities
commensurate with the training and career opportunities afforded
analysts in other elements of the intelligence community.
(7) Commencing as soon as practicable after the date of the
enactment of this Act, each direct supervisor of a Field Intelligence
Group, and each Bureau Operational Manager at the Section Chief and
Assistant Special Agent in Charge (ASAC) level and above, shall be a
certified intelligence officer.
(8) The Director shall, to the maximum extent practicable,
ensure that the successful discharge of advanced training courses, and
of one or more assignments to another element of the intelligence
community, is a precondition to advancement to higher level
intelligence assignments within the Bureau.
(d) FIELD OFFICE MATTERS- (1) In improving the intelligence
capabilities of the Federal Bureau of Investigation under subsection
(b), the Director of the Federal Bureau of Investigation shall ensure
that each Field Intelligence Group reports directly to a field office
senior manager responsible for intelligence matters.
(2) The Director shall provide for such expansion of the
secure facilities in the field offices of the Bureau as is necessary to
ensure the discharge by the field offices of the intelligence mission
of the Bureau.
(3) The Director shall require that each Field Intelligence
Group manager ensures the integration of analysts, agents, linguists,
and surveillance personnel in the field.
(e) DISCHARGE OF IMPROVEMENTS- (1) The Director of the
Federal Bureau of Investigation shall carry out subsections (b) through
(d) through the head of the Directorate of Intelligence of the Federal
Bureau of Investigation.
(2) The Director of the Federal Bureau of Investigation
shall carry out subsections (b) through (d) under the joint guidance of
the Attorney General and the National Intelligence Director in a manner
consistent with section 112(a)(8).
(f) BUDGET MATTERS- The Director of the Federal Bureau of
Investigation shall, establish a budget structure of the Federal Bureau
of Investigation to reflect the four principle missions of the Bureau
as follows:
(2) Counterterrorism and counterintelligence.
(3) Criminal Enterprises/Federal Crimes.
(4) Criminal justice services.
(g) REPORTS- (1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to Congress a report on the progress made as
of the date of such report in carrying out the requirements of this
section.
(2) The Director shall include in each annual program
review of the Federal Bureau of Investigation that is submitted to
Congress a report on the progress made by each field office of the
Bureau during the period covered by such review in addressing Bureau
and national program priorities.
(3) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall submit
to Congress a report assessing the qualifications, status, and roles of
analysts at Bureau headquarters and in the field offices of the Bureau.
(4) Not later than 180 days after the date of the enactment
of this Act, and every 12 months thereafter, the Director shall submit
to Congress a report on the progress of the Bureau in implementing
information-sharing principles.
SEC. 205. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a) SHORT TITLE- This section may be cited as the `Federal
Bureau of Investigation Intelligence Career Service Authorization Act
of 2005'.
(b) ESTABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE-
(1) IN GENERAL- The Director of the Federal Bureau of
Investigation, in consultation with the Director of the Office of
Personnel Management--
(A) may establish positions for intelligence analysts, without regard to chapter 51 of title 5, United States Code;
(B) shall prescribe standards and procedures for establishing and classifying such positions; and
(C) may fix the rate of basic pay for such
positions, without regard to subchapter III of chapter 53 of title 5,
United States Code, if the rate of pay is not greater than the rate of
basic pay payable for level IV of the Executive Schedule.
(2) LEVELS OF PERFORMANCE- Any performance management
system established for intelligence analysts shall have at least 1
level of performance above a retention standard.
(c) REPORTING REQUIREMENT- Not less than 60 days before the
date of the implementation of authorities authorized under this
section, the Director of the Federal Bureau of Investigation shall
submit an operating plan describing the Director's intended use of the
authorities under this section to--
(1) the Committees on Appropriations of the Senate and the House of Representatives;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on Government Reform of the House of Representatives;
(4) the congressional intelligence committees; and
(5) the Committees on the Judiciary of the Senate and the House of Representatives.
(d) ANNUAL REPORT- Not later than December 31, 2005, and
annually thereafter for 4 years, the Director of the Federal Bureau of
Investigation shall submit an annual report of the use of the permanent
authorities provided under this section during the preceding fiscal
year to--
(1) the Committees on Appropriations of the Senate and the House of Representatives;
(2) the Committee on Governmental Affairs of the Senate;
(3) the Committee on Government Reform of the House of Representatives;
(4) the congressional intelligence committees; and
(5) the Committees on the Judiciary of the Senate and the House of Representatives.
SEC. 206. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) DIRECTORATE OF INTELLIGENCE OF FEDERAL BUREAU OF
INVESTIGATION- The element of the Federal Bureau of Investigation known
as of the date of the enactment of this Act as the Office of
Intelligence is hereby redesignated as the Directorate of Intelligence
of the Federal Bureau of Investigation.
(b) HEAD OF DIRECTORATE- The head of the Directorate of
Intelligence shall be the Executive Assistant Director for Intelligence
of the Federal Bureau of Investigation.
(c) RESPONSIBILITIES- The Directorate of Intelligence shall be responsible for the following:
(1) Supervision of all national intelligence programs, projects, and activities of the Bureau.
(2) The discharge by the Bureau of the requirements in section 105B of the National Security Act of 1947 (50 U.S.C. 403-5b).
(3) The oversight of Bureau field intelligence operations.
(4) Coordinating human source development and management by the Bureau.
(5) Coordinating collection by the Bureau against nationally-determined intelligence requirements.
(7) Intelligence program and budget management.
(8) The intelligence workforce.
(9) Any other responsibilities specified by the Director of the Federal Bureau of Investigation or specified by law.
(d) STAFF- The Directorate of Intelligence shall consist of
such staff as the Director of the Federal Bureau of Investigation
considers appropriate for the activities of the Directorate.
SEC. 207. INFORMATION SHARING.
(a) DEFINITIONS- In this section:
(1) EXECUTIVE COUNCIL- The term `Executive Council'
means the Executive Council on Information Sharing established under
subsection (h).
(2) HOMELAND SECURITY INFORMATION- The term `homeland
security information' means all information, whether collected,
produced, or distributed by intelligence, law enforcement, military,
homeland security, or other activities relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist groups or
individuals, or of domestic groups or individuals involved in
transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United States interests,
or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals.
(3) ENVIRONMENT- The term `Environment' means the Information Sharing Environment as described under subsection (c).
(b) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks upon the United States, Congress makes
the following findings:
(1) The effective use of information, from all
available sources, is essential to the fight against terror and the
protection of our homeland. The biggest impediment to all-source
analysis, and to a greater likelihood of `connecting the dots', is
resistance to sharing information.
(2) The United States Government has access to a vast
amount of information, including not only traditional intelligence but
also other government databases, such as those containing customs or
immigration information. However, the United States Government has a
weak system for processing and using the information it has.
(3) In the period preceding September 11, 2001, there
were instances of potentially helpful information that was available
but that no person knew to ask for; information that was distributed
only in compartmented channels, and information that was requested but
could not be shared.
(4) Current security requirements nurture
over-classification and excessive compartmentalization of information
among agencies. Each agency's incentive structure opposes sharing, with
risks, including criminal, civil, and administrative sanctions, but few
rewards for sharing information.
(5) The current system, in which each intelligence
agency has its own security practices, requires a demonstrated `need to
know' before sharing. This approach assumes that it is possible to
know, in advance, who will need to use the information. An outgrowth of
the cold war, such a system implicitly assumes that the risk of
inadvertent disclosure outweighs the benefits of wider sharing. Such
assumptions are no longer appropriate. Although counterintelligence
concerns are still real, the costs of not sharing information are also
substantial. The current `need-to-know' culture of information
protection needs to be replaced with a `need-to-share' culture of
integration.
(6) A new approach to the sharing of intelligence and
homeland security information is urgently needed. An important
conceptual model for a new `trusted information network' is the
Systemwide Homeland Analysis and Resource Exchange (SHARE) Network
proposed by a task force of leading professionals assembled by the
Markle Foundation and described in reports issued in October 2002 and
December 2003.
(7) No single agency can create a meaningful
information sharing system on its own. Alone, each agency can only
modernize stovepipes, not replace them. Presidential leadership is
required to bring about governmentwide change.
(c) INFORMATION SHARING ENVIRONMENT-
(1) ESTABLISHMENT- The President shall establish a
trusted information network and secure information sharing environment
to promote sharing of intelligence and homeland security information in
a manner consistent with national security and the protection of
privacy and civil liberties, and based on clearly defined and
consistently applied policies and procedures, and valid investigative,
analytical or operational requirements.
(2) ATTRIBUTES- The Environment shall promote
coordination, communication and collaboration of people and information
among all relevant Federal departments and agencies, State, tribal, and
local authorities, and relevant private sector entities, including
owners and operators of critical infrastructure, by using policy
guidelines and technologies that support--
(A) a decentralized, distributed, and coordinated
environment that connects existing systems where appropriate and allows
users to share information among agencies, between levels of
government, and, as appropriate, with the private sector;
(B) the sharing of information in a form and manner that facilitates its use in analysis, investigations and operations;
(C) building upon existing systems capabilities currently in use across the Government;
(D) utilizing industry best practices, including
minimizing the centralization of data and seeking to use common tools
and capabilities whenever possible;
(E) employing an information access management approach that controls access to data rather than to just networks;
(F) facilitating the sharing of information at and
across all levels of security by using policy guidelines and
technologies that support writing information that can be broadly
shared;
(G) providing directory services for locating people and information;
(H) incorporating protections for individuals' privacy and civil liberties;
(I) incorporating strong mechanisms for information
security and privacy and civil liberties guideline enforcement in order
to enhance accountability and facilitate oversight, including--
(i) multifactor authentication and access control;
(ii) strong encryption and data protection;
(iii) immutable audit capabilities;
(iv) automated policy enforcement;
(v) perpetual, automated screening for abuses of network and intrusions; and
(vi) uniform classification and handling procedures;
(J) compliance with requirements of applicable law
and guidance with regard to the planning, design, acquisition,
operation, and management of information systems;
(K) permitting continuous system upgrades to
benefit from advances in technology while preserving the integrity of
stored data; and
(L) utilizing privacy-enhancing technologies that
minimize the inappropriate dissemination and disclosure of personally
identifiable information.
(d) IMMEDIATE ACTIONS- Not later than 180 days after the
date of the enactment of this Act, the principal officer as designated
in subsection 206(g), in consultation with the Executive Council,
shall--
(1) submit to the President and to Congress a
description of the technological, legal, and policy issues presented by
the creation of the Environment described in subsection (c), and the
way in which these issues will be addressed;
(2) establish electronic directory services to assist
in locating in the Federal Government intelligence and homeland
security information and people with relevant knowledge about
intelligence and homeland security information; and
(3) conduct a review of relevant current Federal agency capabilities, including--
(A) a baseline inventory of current Federal systems that contain intelligence or homeland security information;
(B) the money currently spent to maintain those systems; and
(C) identification of other information that should be included in the Environment.
(e) GUIDELINES AND REQUIREMENTS- As soon as possible, but
in no event later than 270 days after the date of the enactment of this
Act, the President shall--
(1) in consultation with the Executive Council, issue guidelines--
(A) for acquiring, accessing, sharing, and using
information, including guidelines to ensure that information is
provided in its most shareable form, such as by separating out data
from the sources and methods by which that data are obtained; and
(B) issue guidelines on classification policy and
handling procedures across Federal agencies, including commonly
accepted processing and access controls, in the course of which review,
the President may consider any comments submitted by the Select
Committee on Intelligence, the Committee on Armed Services, the
Committee on Foreign Relations of the Senate, and the Permanent Select
Committee on Intelligence, the Committee on Armed Services, and the
Committee on International Relations of the House of Representatives
regarding--
(i) the scope of the review the President should undertake in formulating the guidelines under this subparagraph; and
(ii) the substance of what guidelines should be issued.
(2) in consultation with the Privacy and Civil
Liberties Oversight Board established under section 211, issue
guidelines that--
(A) protect privacy and civil liberties in the development and use of the Environment; and
(B) shall be made public, unless, and only to the
extent that, nondisclosure is clearly necessary to protect national
security; and
(3) require the heads of Federal departments and agencies to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including overclassification of information and unnecessary
requirements for originator approval; and
(B) providing affirmative incentives for
information sharing, such as the incorporation of information sharing
performance measures into agency and managerial evaluations, and
employee awards for promoting innovative information sharing practices.
(f) ENTERPRISE ARCHITECTURE AND IMPLEMENTATION PLAN- Not
later than 1 year after the date of the enactment of this Act, the
President shall submit to Congress an enterprise architecture and
implementation plan for the Environment. The enterprise architecture
and implementation plan shall be prepared by the principal officer in
consultation with the Executive Council and shall include--
(1) a description of the parameters of the proposed Environment, including functions, capabilities, and resources;
(2) a delineation of the roles of the Federal
departments and agencies that will participate in the development of
the Environment, including identification of any agency that will build
the infrastructure needed to operate and manage the Environment (as
distinct from the individual agency components that are to be part of
the Environment), with the delineation of roles to be consistent with--
(A) the authority of the National Intelligence
Director under this Act to set standards for information sharing and
information technology throughout the intelligence community; and
(B) the authority of the Secretary of Homeland
Security and the role of the Department of Homeland Security in
coordinating with State, tribal, and local officials and the private
sector;
(3) a description of the technological requirements to
appropriately link and enhance existing networks and a description of
the system design that will meet these requirements;
(4) an enterprise architecture that--
(A) is consistent with applicable laws and guidance
with regard to planning, design, acquisition, operation, and management
of information systems;
(B) will be used to guide and define the development and implementation of the Environment; and
(C) addresses the existing and planned enterprise
architectures of the departments and agencies participating in the
Environment;
(5) a description of how privacy and civil liberties
will be protected throughout the design and implementation of the
Environment;
(6) objective, systemwide performance measures to
enable the assessment of progress toward achieving full implementation
of the Environment;
(7) a plan, including a time line, for the development and phased implementation of the Environment;
(8) total budget requirements to develop and implement
the Environment, including the estimated annual cost for each of the 5
years following the date of the enactment of this Act;
(9) an estimate of training requirements needed to
ensure that the Environment will be adequately implemented and property
utilized;
(10) an analysis of the cost to State, tribal, and
local governments and private sector entities for equipment and
training needed to effectively utilize the Environment; and
(11) proposals for any legislation that the Director of
Management and Budget determines necessary to implement the Environment.
(g) RESPONSIBILITIES OF EXECUTIVE COUNCIL FOR INFORMATION
SHARING ENVIRONMENT- Not later than 120 days after the date of
enactment, with notification to Congress, the President shall designate
an individual as the principal officer responsible for information
sharing across the Federal government. That individual shall have and
exercise governmentwide authority and have management expertise in
enterprise architecture, information sharing, and interoperability.
(1) ADDITIONAL DUTIES AND RESPONSIBILITIES-
(A) IN GENERAL- The principal officer designated under this subsection, in consultation with the Executive Council, shall--
(i) implement and manage the Environment;
(ii) develop and implement policies,
procedures, guidelines, rules, and standards as appropriate to foster
the development and proper operation of the Environment; and
(iii) assist, monitor, and assess the
implementation of the Environment by Federal departments and agencies
to ensure adequate progress, technological consistency and policy
compliance; and regularly report the findings to Congress.
(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES,
RULES, AND STANDARDS- The policies, procedures, guidelines, rules, and
standards under subparagraph (A)(ii) shall--
(i) take into account the varying missions and security requirements of agencies participating in the Environment;
(ii) address development, implementation, and oversight of technical standards and requirements;
(iii) address and facilitate information
sharing between and among departments and agencies of the intelligence
community, the Department of Defense, the Homeland Security community
and the law enforcement community;
(iv) address and facilitate information sharing
between Federal departments and agencies and State, tribal and local
governments;
(v) address and facilitate, as appropriate,
information sharing between Federal departments and agencies and the
private sector;
(vi) address and facilitate, as appropriate,
information sharing between Federal departments and agencies with
foreign partners and allies; and
(vii) ensure the protection of privacy and civil liberties.
(h) ESTABLISHMENT OF EXECUTIVE COUNCIL- There is
established an Executive Council on Information Sharing that shall
assist the principal officer as designated under subsection 206(g) in
the execution of the duties under this Act concerning information
sharing.
(1) MEMBERSHIP- The Executive Council shall be chaired
by the principal officer as designated in subsection 206(g). The
members of the Executive Council shall be--
(A) the Director of Management and Budget;
(B) the Secretary of Homeland Security or his designee;
(C) the Secretary of Defense or his designee;
(D) the Attorney General or his designee;
(E) the Secretary of State or his designee;
(F) the Director of the Federal Bureau of Investigation or his designee;
(G) the National Intelligence Director or his designee;
(H) The Director of Central Intelligence Agency or his designees;
(I) such other Federal officials as the President shall designate;
(J) representatives of State, tribal, and local governments, to be appointed by the President; and
(K) individuals who are employed in private
businesses or nonprofit organizations that own or operate critical
infrastructure, to be appointed by the President.
(2) RESPONSIBILITIES- The Executive Council shall assist the President in--
(A) implementing and managing the Environment;
(B) developing policies, procedures, guidelines, rules, and standards necessary to establish and implement the Environment;
(C) ensuring there is coordination among
departments and agencies participating in the Environment in the
development and implementation of the Environment;
(D) reviewing, on an ongoing basis, policies,
procedures, guidelines, rules, and standards related to the
implementation of the Environment;
(E) establishing a dispute resolution process to
resolve disagreements among departments and agencies about whether
particular information should be shared and in what manner; and
(F) considering input provided by persons from
outside the Federal government with significant experience and
expertise in policy, technical, and operational matters, including
issues of security, privacy, or civil liberties.
(3) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT-
The Council shall not be subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.).
(4) REPORTS- Not later than 1 year after the date of
the enactment of this Act, and annually thereafter, the principal
officer as designated in section 206(g), shall submit a report to the
President and to Congress that shall include--
(A) a description of the activities and accomplishments of the Council in the preceding year; and
(B) the number and dates of the meetings held by the Council and a list of attendees at each meeting.
(5) INFORMING THE PUBLIC- The Executive Council shall--
(A) make its reports to Congress available to the
public to the greatest extent that is consistent with the protection of
classified information and applicable law; and
(B) otherwise inform the public of its activities,
as appropriate and in a manner consistent with the protection of
classified information and applicable law.
(1) IN GENERAL- Not later than 15 months after the date
of the enactment of this Act, and semiannually thereafter, the
President shall submit a report to Congress on the state of the
Environment and of information sharing across the Federal government.
(2) CONTENT- Each report under this subsection shall include--
(A) a progress report on the extent to which the
Environment has been implemented, including how the Environment has
fared on the governmentwide and agency-specific performance measures
and whether the performance goals set in the preceding year have been
met;
(B) objective systemwide performance goals for the following year;
(C) an accounting of how much was spent on the Environment in the preceding year;
(D) actions taken to ensure that agencies procure
new technology that is consistent with the Environment and information
on whether new systems and technology are consistent with the
Environment;
(E) the extent to which, in appropriate
circumstances, all terrorism watch lists are available for combined
searching in real time through the Environment and whether there are
consistent standards for placing individuals on, and removing
individuals from, the watch lists, including the availability of
processes for correcting errors;
(F) the extent to which unnecessary roadblocks,
impediments, or disincentives to information sharing, including the
inappropriate use of paper-only intelligence products and requirements
for originator approval, have been eliminated;
(G) the extent to which positive incentives for information sharing have been implemented;
(H) the extent to which classified information is
also made available through the Environment, in whole or in part, in
unclassified form;
(I) the extent to which State, tribal, and local officials--
(i) are participating in the Environment;
(ii) have systems which have become integrated into the Environment;
(iii) are providing as well as receiving information; and
(iv) are using the Environment to communicate with each other;
(J) the extent to which--
(i) private sector data, including information
from owners and operators of critical infrastructure, is incorporated
in the Environment; and
(ii) the private sector is both providing and receiving information;
(K) where private sector data has been used by the Government or has been incorporated into the Environment--
(i) the measures taken to protect sensitive business information; and
(ii) where the data involves information about individuals, the measures taken to ensure the accuracy of such data;
(L) the measures taken by the Federal government to
ensure the accuracy of other information on the Environment and, in
particular, the accuracy of information about individuals;
(M) an assessment of the Environment's privacy and
civil liberties protections, including actions taken in the preceding
year to implement or enforce privacy and civil liberties protections
and a report of complaints received about interference with an
individual's privacy or civil liberties; and
(N) an assessment of the security protections of the Environment.
(j) AGENCY RESPONSIBILITIES- The head of each department or
agency possessing or using intelligence or homeland security
information or otherwise participating in the Environment shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, and
standards established for the Environment under subsections (c) and (g);
(2) ensure the provision of adequate resources for
systems and activities supporting operation of and participation in the
Environment; and
(3) ensure full agency or department cooperation in the
development of the Environment and associated enterprise architecture
to implement governmentwide information sharing, and in the management
and acquisition of information technology consistent with applicable
law.
(k) AGENCY PLANS AND REPORTS- Each Federal department or
agency that possesses or uses intelligence and homeland security
information, operates a system in the Environment or otherwise
participates, or expects to participate, in the Environment, shall
submit to the principal officer as designated in section 206(g)--
(1) not later than 15 months after the date of the enactment of this Act, a report including--
(A) a strategic plan for implementation of the Environment's requirements within the department or agency;
(B) objective performance measures to assess the
progress and adequacy of the department or agency's information sharing
efforts; and
(C) budgetary requirements to integrate the agency
into the Environment, including projected annual expenditures for each
of the following 5 years following the submission of the report; and
(2) annually thereafter, reports including--
(A) an assessment of the progress of the department
or agency in complying with the Environment's requirements, including
how well the agency has performed on the objective measures developed
under paragraph (1)(B);
(B) the agency's expenditures to implement and comply with the Environment's requirements in the preceding year; and
(C) the agency's or department's plans for further
implementation of the Environment in the year following the submission
of the report.
(l) PERIODIC ASSESSMENTS-
(A) IN GENERAL- Not later than 15 months after the
date of the enactment of this Act, and periodically thereafter, the
Comptroller General shall evaluate the implementation of the
Environment, both generally and, at the discretion of the Comptroller
General, within specific departments and agencies, to determine the
extent of compliance with the Environment's requirements and to assess
the effectiveness of the Environment in improving information sharing
and collaboration and in protecting privacy and civil liberties, and
shall report to Congress on the findings of the Comptroller General.
(B) INFORMATION AVAILABLE TO THE COMPTROLLER
GENERAL- Upon request by the Comptroller General, information relevant
to an evaluation under subsection (a) shall be made available to the
Comptroller General under section 716 of title 31, United States Code.
(C) CONSULTATION WITH CONGRESSIONAL COMMITTEES- If
a record is not made available to the Comptroller General within a
reasonable time, before the Comptroller General files a report under
section 716(b)(1) of title 31, United States Code, the Comptroller
General shall consult with the Select Committee on Intelligence of the
Senate, the Permanent Select Committee on Intelligence of the House of
Representatives, the Committee on Governmental Affairs of the Senate,
and the Committee on Government Reform of the House of Representatives
concerning the Comptroller's intent to file a report.
(2) INSPECTORS GENERAL- The Inspector General in any
Federal department or agency that possesses or uses intelligence or
homeland security information or that otherwise participates in the
Environment shall, at the discretion of the Inspector General--
(A) conduct audits or investigations to--
(i) determine the compliance of that department or agency with the Environment's requirements; and
(ii) assess the effectiveness of that
department or agency in improving information sharing and collaboration
and in protecting privacy and civil liberties; and
(B) issue reports on such audits and investigations.
(m) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated--
(1) $50,000,000 to carry out this section for fiscal year 2005; and
(2) such sums as are necessary to carry out this
section in each fiscal year thereafter, to be disbursed and allocated
in accordance with the Environment implementation plan required by
subsection (f).
SEC. 207. ALTERNATIVE ANALYSES OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY.
(a) SENSE OF CONGRESS- It is the sense of Congress that the
National Intelligence Director should consider the advisability of
establishing for each element of the intelligence community an element,
office, or component whose purpose is the alternative analysis
(commonly referred to as a `red-team analysis') of the information and
conclusions in the intelligence products of such element of the
intelligence community.
(b) REPORT- (1) Not later than one year after the date of
the enactment of this Act, the National Intelligence Director shall
submit to Congress a report on the actions taken to establish for each
element of the intelligence community an element, office, or component
described in subsection (a).
(2) The report shall be submitted in an unclassified form, but may include a classified annex.
SEC. 208. REPORT ON IMPLEMENTATION OF RECOMMENDATIONS OF
DEFENSE SCIENCE BOARD ON PREVENTING AND DEFENDING AGAINST CLANDESTINE
NUCLEAR ATTACK.
(a) FINDING- Congress finds that the June 2004 report of
the Defense Science Board Task Force on Preventing and Defending
Against Clandestine Nuclear Attack--
(1) found that it would be easy for adversaries to
introduce and detonate a nuclear explosive clandestinely in the United
States;
(2) found that clandestine nuclear attack and defense
against such attack should be treated as an emerging aspect of
strategic warfare and that those matters warrant national and
Department of Defense attention; and
(3) called for a serious national commitment to a
multidepartment program to create a multi-element, layered, global,
civil/military complex of systems and capabilities that can greatly
reduce the likelihood of a successful clandestine attack, achieving
levels of protection effective enough to warrant the effort.
(b) REPORT- Not later than 6 months after the date of the
enactment of this Act, the Secretary of Defense shall, in consultation
with the Secretary of Energy, submit to the Committees on Armed
Services of the Senate and the House of Representatives a report on the
actions proposed to be taken to address the recommendations of the
Defense Science Board Task Force on Preventing and Defending Against
Clandestine Nuclear Attack.
SEC. 209. USE OF UNITED STATES COMMERCIAL REMOTE SENSING SPACE CAPABILITIES FOR IMAGERY AND GEOSPATIAL INFORMATION REQUIREMENTS.
(a) IN GENERAL- The National Intelligence Director shall
take actions to ensure, to the extent practicable, the utilization of
United States commercial remote sensing space capabilities to fulfill
the imagery and geospatial information requirements of the intelligence
community.
(b) PROCEDURES FOR UTILIZATION- The National Intelligence
Director may prescribe procedures for the purpose of meeting the
requirement in subsection (a).
(c) DEFINITIONS- In this section, the terms `imagery' and
`geospatial information' have the meanings given such terms in section
467 of title 10, United States Code.
SEC. 210. PERMANENT AUTHORITY FOR PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) IN GENERAL- Section 710 of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567; 50
U.S.C. 435 note) is amended--
(1) by striking `(a) EFFECTIVE DATE- '; and
(2) by striking subsection (b).
(b) CONFORMING AMENDMENT- The head of such section is amended by striking `; SUNSET'.
(c) LIMITATION ON FUNDS- Notwithstanding any other
provision of this section, none of the funds provided pursuant to
subsection (m) may be obligated for deployment or implementation of the
Environment unless the guidelines and requirements under subsection (e)
are submitted to Congress.
Subtitle B--Privacy and Civil Liberties
SEC. 211. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) IN GENERAL- There is established within the Executive
Office of the President a Privacy and Civil Liberties Oversight Board
(referred to in this subtitle as the `Board').
(b) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) In conducting the war on terrorism, the Government
may need additional powers and may need to enhance the use of its
existing powers.
(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect the
precious liberties that are vital to our way of life and to ensure that
the Government uses its powers for the purposes for which the powers
were given.
(c) PURPOSE- The Board shall--
(1) analyze and review actions the executive branch
takes to protect the Nation from terrorism, ensuring that the need for
such actions is balanced with the need to protect privacy and civil
liberties; and
(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws, regulations,
and policies related to efforts to protect the Nation against terrorism.
(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND IMPLEMENTATION- The Board shall--
(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from terrorism,
including the development and adoption of information sharing
guidelines under subsections (e) and (g) of section 205;
(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to protect
the Nation from terrorism, including the implementation of information
sharing guidelines under subsections (e) and (g) of section 205;
(C) advise the President and the departments,
agencies, and elements of the executive branch to ensure that privacy
and civil liberties are appropriately considered in the development and
implementation of such legislation, regulations, policies, and
guidelines; and
(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider whether the
department, agency, or element of the executive branch has established--
(i) that the need for the power is balanced with the need to protect privacy and civil liberties;
(ii) that there is adequate supervision of the
use by the executive branch of the power to ensure protection of
privacy and civil liberties; and
(iii) that there are adequate guidelines and oversight to properly confine its use.
(2) OVERSIGHT- The Board shall continually review--
(A) the regulations, policies, and procedures, and
the implementation of the regulations, policies, and procedures, of the
departments, agencies, and elements of the executive branch to ensure
that privacy and civil liberties are protected;
(B) the information sharing practices of the
departments, agencies, and elements of the executive branch to
determine whether they appropriately protect privacy and civil
liberties and adhere to the information sharing guidelines prescribed
under subsections (e) and (g) of section 205 and to other governing
laws, regulations, and policies regarding privacy and civil liberties;
and
(C) other actions by the executive branch related
to efforts to protect the Nation from terrorism to determine whether
such actions--
(i) appropriately protect privacy and civil liberties; and
(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.
(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS- The Board shall--
(A) review and assess reports and other information
from privacy officers and civil liberties officers described in section
212;
(B) when appropriate, make recommendations to such
privacy officers and civil liberties officers regarding their
activities; and
(C) when appropriate, coordinate the activities of
such privacy officers and civil liberties officers on relevant
interagency matters.
(4) TESTIMONY- The Members of the Board shall appear and testify before Congress upon request.
(1) IN GENERAL- The Board shall--
(A) receive and review reports from privacy officers and civil liberties officers described in section 212; and
(B) periodically submit, not less than semiannually, reports--
(i)(I) to the appropriate committees of
Congress, including the Committees on the Judiciary of the Senate and
the House of Representatives, the Committee on Governmental Affairs of
the Senate, the Committee on Government Reform of the House of
Representatives, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House of
Representatives; and
(II) to the President; and
(ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
(2) CONTENTS- Not less than 2 reports submitted each year under paragraph (1)(B) shall include--
(A) a description of the major activities of the Board during the preceding period;
(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and oversight
functions under subsection (d);
(C) the minority views on any findings,
conclusions, and recommendations of the Board resulting from its advice
and oversight functions under subsection (d); and
(D) each proposal reviewed by the Board under subsection (d)(1) that--
(i) the Board advised against implementation; and
(ii) notwithstanding such advice, actions were taken to implement.
(f) INFORMING THE PUBLIC- The Board shall--
(1) make its reports, including its reports to
Congress, available to the public to the greatest extent that is
consistent with the protection of classified information and applicable
law; and
(2) hold public hearings and otherwise inform the
public of its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable law.
(g) ACCESS TO INFORMATION-
(1) AUTHORIZATION- If determined by the Board to be
necessary to carry out its responsibilities under this section, the
Board is authorized to--
(A) have access from any department, agency, or
element of the executive branch, or any Federal officer or employee, to
all relevant records, reports, audits, reviews, documents, papers,
recommendations, or other relevant material, including classified
information consistent with applicable law;
(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or element of the
executive branch, or any Federal officer or employee;
(C) request information or assistance from any State, tribal, or local government; and
(D) require, by subpoena issued at the direction of
a majority of the members of the Board, persons (other than
departments, agencies, and elements of the executive branch) to produce
any relevant information, documents, reports, answers, records,
accounts, papers, and other documentary or testimonial evidence.
(2) ENFORCEMENT OF SUBPOENA- In the case of contumacy
or failure to obey a subpoena issued under paragraph (1)(D), the United
States district court for the judicial district in which the subpoenaed
person resides, is served, or may be found may issue an order requiring
such person to produce the evidence required by such subpoena.
(3) AGENCY COOPERATION- Whenever information or
assistance requested under subparagraph (A) or (B) of paragraph (1) is,
in the judgment of the Board, unreasonably refused or not provided, the
Board shall report the circumstances to the head of the department,
agency, or element concerned without delay. The head of the department,
agency, or element concerned shall ensure that the Board is given
access to the information, assistance, material, or personnel the Board
determines to be necessary to carry out its functions.
(1) MEMBERS- The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by the
President, by and with the advice and consent of the Senate.
(2) QUALIFICATIONS- Members of the Board shall be
selected solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties and privacy,
and relevant experience, and without regard to political affiliation,
but in no event shall more than 3 members of the Board be members of
the same political party.
(3) INCOMPATIBLE OFFICE- An individual appointed to the
Board may not, while serving on the Board, be an elected official,
officer, or employee of the Federal Government, other than in the
capacity as a member of the Board.
(4) TERM- Each member of the Board shall serve a term of six years, except that--
(A) a member appointed to a term of office after
the commencement of such term may serve under such appointment only for
the remainder of such term;
(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the member's successor
has been appointed and qualified, except that no member may serve under
this subparagraph--
(i) for more than 60 days when Congress is in
session unless a nomination to fill the vacancy shall have been
submitted to the Senate; or
(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; and
(C) the members initially appointed under this
subsection shall serve terms of two, three, four, five, and six years,
respectively, from the effective date of this Act, with the term of
each such member to be designated by the President.
(5) QUORUM AND MEETINGS- After its initial meeting, the
Board shall meet upon the call of the chairman or a majority of its
members. Three members of the Board shall constitute a quorum.
(i) COMPENSATION AND TRAVEL EXPENSES-
(A) CHAIRMAN- The chairman shall be compensated at
the rate of pay payable for a position at level III of the Executive
Schedule under section 5314 of title 5, United States Code.
(B) MEMBERS- Each member of the Board shall be
compensated at a rate of pay payable for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States Code,
for each day during which that member is engaged in the actual
performance of the duties of the Board.
(2) TRAVEL EXPENSES- Members of the Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the Government
under section 5703(b) of title 5, United States Code, while away from
their homes or regular places of business in the performance of
services for the Board.
(1) APPOINTMENT AND COMPENSATION- The Chairman, in
accordance with rules agreed upon by the Board, shall appoint and fix
the compensation of a full-time executive director and such other
personnel as may be necessary to enable the Board to carry out its
functions, without regard to the provisions of title 5, United States
Code, governing appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule pay
rates, except that no rate of pay fixed under this subsection may
exceed the equivalent of that payable for a position at level V of the
Executive Schedule under section 5316 of title 5, United States Code.
(2) DETAILEES- Any Federal employee may be detailed to
the Board without reimbursement from the Board, and such detailee shall
retain the rights, status, and privileges of the detailee's regular
employment without interruption.
(3) CONSULTANT SERVICES- The Board may procure the
temporary or intermittent services of experts and consultants in
accordance with section 3109 of title 5, United States Code, at rates
that do not exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such title.
(k) SECURITY CLEARANCES- The appropriate departments,
agencies, and elements of the executive branch shall cooperate with the
Board to expeditiously provide the Board members and staff with
appropriate security clearances to the extent possible under existing
procedures and requirements.
(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE- The Board--
(1) is an agency (as defined in section 551(1) of title 5, United States Code); and
(2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
SEC. 212. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) DESIGNATION AND FUNCTIONS- The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, and the head of any other department,
agency, or element of the executive branch designated by the Privacy
and Civil Liberties Oversight Board to be appropriate for coverage
under this section shall designate not less than 1 senior officer to--
(1) assist the head of such department, agency, or
element and other officials of such department, agency, or element in
appropriately considering privacy and civil liberties concerns when
such officials are proposing, developing, or implementing laws,
regulations, policies, procedures, or guidelines related to efforts to
protect the Nation against terrorism;
(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines, and
related laws and their implementation to ensure that such department,
agency, or element is adequately considering privacy and civil
liberties in its actions;
(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and redress
complaints from individuals who allege such department, agency, or
element has violated their privacy or civil liberties; and
(4) in providing advice on proposals to retain or
enhance a particular governmental power the officer shall consider
whether such department, agency, or element has established--
(i) that the need for the power is balanced with the need to protect privacy and civil liberties;
(ii) that there is adequate supervision of the
use by such department, agency, or element of the power to ensure
protection of privacy and civil liberties; and
(iii) that there are adequate guidelines and oversight to properly confine its use.
(b) EXCEPTION TO DESIGNATION AUTHORITY-
(1) PRIVACY OFFICERS- In any department, agency, or
element referred to in subsection (a) or designated by the Board, which
has a statutorily created privacy officer, such officer shall perform
the functions specified in subsection (a) with respect to privacy.
(2) CIVIL LIBERTIES OFFICERS- In any department,
agency, or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer, such
officer shall perform the functions specified in subsection (a) with
respect to civil liberties.
(c) SUPERVISION AND COORDINATION- Each privacy officer or civil liberties officer described in subsection (a) or (b) shall--
(1) report directly to the head of the department, agency, or element concerned; and
(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid duplication of
effort.
(d) AGENCY COOPERATION- The head of each department,
agency, or element shall ensure that each privacy officer and civil
liberties officer--
(1) has the information, material, and resources necessary to fulfill the functions of such officer;
(2) is advised of proposed policy changes;
(3) is consulted by decision makers; and
(4) is given access to material and personnel the
officer determines to be necessary to carry out the functions of such
officer.
(e) REPRISAL FOR MAKING COMPLAINT- No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
(1) IN GENERAL- The privacy officers and civil
liberties officers of each department, agency, or element referred to
or described in subsection (a) or (b) shall periodically, but not less
than quarterly, submit a report on the activities of such officers--
(A)(i) to the appropriate committees of Congress,
including the Committees on the Judiciary of the Senate and the House
of Representatives, the Committee on Governmental Affairs of the
Senate, the Committee on Government Reform of the House of
Representatives, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House of
Representatives;
(ii) to the head of such department, agency, or element; and
(iii) to the Privacy and Civil Liberties Oversight Board; and
(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
(2) CONTENTS- Each report submitted under paragraph (1)
shall include information on the discharge of each of the functions of
the officer concerned, including--
(A) information on the number and types of reviews undertaken;
(B) the type of advice provided and the response given to such advice;
(C) the number and nature of the complaints
received by the department, agency, or element concerned for alleged
violations; and
(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and the impact of the
activities of such officer.
(g) INFORMING THE PUBLIC- Each privacy officer and civil liberties officer shall--
(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent that is
consistent with the protection of classified information and applicable
law; and
(2) otherwise inform the public of the activities of
such officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
(h) SAVINGS CLAUSE- Nothing in this section shall be
construed to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
(i) PROTECTIONS FOR HUMAN RESEARCH SUBJECTS- The Secretary
of Homeland Security shall ensure that the Department of Homeland
Security complies with the protections for human research subjects, as
described in part 46 of title 45, Code of Federal Regulations, or in
equivalent regulations as promulgated by such Secretary, with respect
to research that is conducted or supported by such Department.
Subtitle C--Independence of Intelligence Agencies
SEC. 221. INDEPENDENCE OF NATIONAL INTELLIGENCE DIRECTOR.
(a) LOCATION OUTSIDE EXECUTIVE OFFICE OF THE PRESIDENT- The
National Intelligence Director shall not be located within the
Executive Office of the President.
(b) PROVISION OF NATIONAL INTELLIGENCE- The National
Intelligence Director shall provide to the President and Congress
national intelligence that is timely, objective, independent of
political considerations, and has not been shaped to serve policy goals.
SEC. 222. INDEPENDENCE OF INTELLIGENCE.
(a) DIRECTOR OF NATIONAL COUNTERTERRORISM CENTER- The
Director of the National Counterterrorism Center shall provide to the
President, Congress, and the National Intelligence Director national
intelligence related to counterterrorism that is timely, objective,
independent of political considerations, and has not been shaped to
serve policy goals.
(b) DIRECTORS OF NATIONAL INTELLIGENCE CENTERS- Each
Director of a national intelligence center established under section
144 shall provide to the President, Congress, and the National
Intelligence Director intelligence information that is timely,
objective, independent of political considerations, and has not been
shaped to serve policy goals.
(c) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY- The Director
of the Central Intelligence Agency shall ensure that intelligence
produced by the Central Intelligence Agency is timely, objective,
independent of political considerations, and has not been shaped to
serve policy goals.
(d) NATIONAL INTELLIGENCE COUNCIL- The National
Intelligence Council shall produce national intelligence estimates for
the United States Government that are timely, objective, independent of
political considerations, and have not been shaped to serve policy
goals.
SEC. 223. INDEPENDENCE OF NATIONAL COUNTERTERRORISM CENTER.
No officer, department, agency, or element of the executive
branch shall have any authority to require the Director of the National
Counterterrorism Center--
(1) to receive permission to testify before Congress; or
(2) to submit testimony, legislative recommendations,
or comments to any officer or agency of the United States for approval,
comments, or review prior to the submission of such recommendations,
testimony, or comments to Congress if such recommendations, testimony,
or comments include a statement indicating that the views expressed
therein are those of the agency submitting them and do not necessarily
represent the views of the Administration.
SEC. 224. ACCESS OF CONGRESSIONAL COMMITTEES TO NATIONAL INTELLIGENCE.
(a) DOCUMENTS REQUIRED TO BE PROVIDED TO CONGRESSIONAL
COMMITTEES- The National Intelligence Director, the Director of the
National Counterterrorism Center, and the Director of a national
intelligence center shall provide to the committees and Members of
Congress specified in subsection (c), and any other committee of
Congress with jurisdiction over the subject matter to which the
information relates, all intelligence assessments, intelligence
estimates, sense of intelligence community memoranda, and daily senior
executive intelligence briefs, other than the Presidential Daily Brief
and those reports prepared exclusively for the President.
(b) RESPONSE TO REQUESTS FROM CONGRESS REQUIRED-
(1) IN GENERAL- Except as provided in paragraph (3), in
addition to providing material under subsection (a), the National
Intelligence Director, the Director of the National Counterterrorism
Center, or the Director of a national intelligence center shall, not
later than 15 days after receiving a request for any intelligence
assessment, report, or estimate or other intelligence information from
the committees and Members of Congress specified in subsection (c), or
any other committee of Congress with jurisdiction over the subject
matter to which the information relates, make available to such
committee such intelligence assessment, report, or estimate or other
intelligence information.
(2) CERTAIN MEMBERS- In addition to requests described
in paragraph (1), the National Intelligence Director shall respond to
requests from the Chairman and Vice Chairman of the Select Committee on
Intelligence of the Senate and the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House of
Representatives, the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives, and the Majority Leader and the Minority Leader of the
Senate. Upon making a report covered by this paragraph--
`(A) the Chairman, Vice Chairman, or Ranking
Member, as the case may be, of such a committee shall notify the other
of the Chairman, Vice Chairman, or Ranking Member, as the case may be,
of such committee of such request;
`(B) the Speaker of the House of Representatives
and the Majority Leader of the House of Representatives or the Minority
Leader of the House of Representatives shall notify the other or
others, as the case may be, of such request; and
`(C) the Majority Leader and Minority Leader of the Senate shall notify the other of such request.
(3) ASSERTIONS OF PRIVILEGE- In response to requests
described under paragraph (1) or (2), the National Intelligence
Director, the Director of the National Counterterrorism Center, or the
Director of a national intelligence center shall provide information,
unless the President certifies that such information is not being
provided because the President is asserting a privilege pursuant to the
United States Constitution.
(c) COMMITTEES AND MEMBERS OF CONGRESS- The committees and Members of Congress specified in this subsection are--
(1) the Select Committee on Intelligence of the Senate;
(2) the Permanent Select Committee on Intelligence of the House of Representatives;
(3) the Speaker of the House of Representatives and the
Majority Leader and the Minority Leader of the House of
Representatives; and
(4) the Majority Leader and the Minority Leader of the Senate.
SEC. 225. COMMUNICATIONS WITH CONGRESS.
(a) DISCLOSURE OF CERTAIN INFORMATION AUTHORIZED-
(1) IN GENERAL- Employees of covered agencies and
employees of contractors carrying out activities under classified
contracts with covered agencies may disclose information described in
paragraph (2) to the individuals referred to in paragraph (3) without
first reporting such information to the appropriate Inspector General.
(A) IN GENERAL- Except as provided in subparagraph
(B), paragraph (1) applies to information, including classified
information, that an employee reasonably believes provides direct and
specific evidence of--
(i) a false or inaccurate statement to Congress contained in any intelligence assessment, report, or estimate; or
(ii) the withholding from Congress of any
intelligence information material to any intelligence assessment,
report, or estimate.
(B) EXCEPTION- Paragraph (1) does not apply to
information the disclosure of which is prohibited by rule 6(e) of the
Federal Rules of Criminal Procedure.
(A) IN GENERAL- The individuals to whom information in paragraph (2) may be disclosed are--
(i) a Member of a committee of Congress having
primary responsibility for oversight of a department, agency, or
element of the United States Government to which the disclosed
information relates and who is authorized to receive information of the
type disclosed;
(ii) the Speaker of the House of
Representatives and the Majority Leader and the Minority Leader of the
House of Representatives;
(iii) the Majority Leader and the Minority Leader of the Senate;
(iv) any other Member of Congress who is authorized to receive information of the type disclosed; and
(v) an employee of Congress who has the
appropriate security clearance and is authorized to receive information
of the type disclosed.
(B) PRESUMPTION OF NEED FOR INFORMATION- An
individual described in subparagraph (A) to whom information is
disclosed under paragraph (2) shall be presumed to have a need to know
such information.
(b) CONSTRUCTION WITH OTHER REPORTING REQUIREMENTS- Nothing
in this section may be construed to modify, alter, or otherwise affect--
(1) any reporting requirement relating to intelligence
activities that arises under this Act, the National Security Act of
1947 (50 U.S.C. 401 et seq.), or any other provision of law; or
(2) the right of any employee of the United States
Government to disclose to Congress in accordance with applicable law
information not described in this section.
(c) COVERED AGENCIES DEFINED- In this section, the term `covered agencies' means the following:
(1) The National Intelligence Authority, including the National Counterterrorism Center.
(2) The Central Intelligence Agency.
(3) The Defense Intelligence Agency.
(4) The National Geospatial-Intelligence Agency.
(5) The National Security Agency.
(6) The Federal Bureau of Investigation.
(7) Any other Executive agency, or element or unit
thereof, determined by the President under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as its principal function the
conduct of foreign intelligence or counterintelligence activities.
SEC. 226. CONGRESSIONAL APPEALS OF CLASSIFICATION DECISIONS.
(a) REDESIGNATION OF PUBLIC INTEREST DECLASSIFICATION BOARD
AS INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD- (1) Subsection
(a) of section 703 of the Public Interest Declassification Act of 2000
(title VII of Public Law 10-567; 50 U.S.C. 435 note) is amended by
striking `Public Interest Declassification Board' and inserting
`Independent National Security Classification Board'.
(2) The heading of such section is amended to read as follows:
`SEC. 703. INDEPENDENT NATIONAL SECURITY CLASSIFICATION BOARD.'.
(b) REVIEW OF CLASSIFICATION DECISIONS-
(1) IN GENERAL- The Independent National Security
Classification Board shall, pursuant to a request under paragraph (3),
review any classification decision made by an executive agency with
respect to national security information.
(2) ACCESS- The Board shall have access to all
documents or other materials that are classified on the basis of
containing national security information.
(3) REQUESTS FOR REVIEW- The Board shall review, in a
timely manner, the existing or proposed classification of any document
or other material the review of which is requested by the chairman or
ranking member of--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, or the Select Committee on Intelligence of the
Senate; or
(B) the Committee on Armed Services, the Committee
on International Relations, or the Permanent Select Committee on
Intelligence of the House of Representatives.
(A) IN GENERAL- The Board may make recommendations
to the President regarding decisions to classify all or portions of
documents or other material for national security purposes or to
declassify all or portions of documents or other material classified
for such purposes.
(B) IMPLEMENTATION- Upon receiving a recommendation from the Board under subparagraph (A), the President shall either--
(i) accept and implement such recommendation; or
(ii) not later than 60 days after receiving the
recommendation if the President does not accept and implement such
recommendation, transmit in writing to Congress justification for the
President's decision not to implement such recommendation.
(5) REGULATIONS- The Board shall prescribe regulations to carry out this subsection.
(6) EXECUTIVE AGENCY DEFINED- In this section, the term
`Executive agency' has the meaning given that term in section 105 of
title 5, United States Code .
Subtitle D--Homeland Security Civil Rights and Civil Liberties Protection
SEC. 231. SHORT TITLE.
This title may be cited as the `Homeland Security Civil Rights and Civil Liberties Protection Act of 2004'.
SEC. 232. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)(1)) is amended--
(1) in subparagraph (F), by striking `and' after the semicolon;
(2) by redesignating subparagraph (G) as subparagraph (H); and
(3) by inserting after subparagraph (F) the following:
`(G) ensure that the civil rights and civil
liberties of persons are not diminished by efforts, activities, and
programs aimed at securing the homeland; and'.
SEC. 233. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 345(a)) is amended--
(1) by amending the matter preceding paragraph (1) to read as follows:
`(a) IN GENERAL- The Officer for Civil Rights and Civil Liberties, who shall report directly to the Secretary, shall--';
(2) by amending paragraph (1) to read as follows:
`(1) review and assess information concerning abuses of
civil rights, civil liberties, and profiling on the basis of race,
ethnicity, or religion, by employees and officials of the Department;';
(3) in paragraph (2), by striking the period at the end and inserting a semicolon; and
(4) by adding at the end the following:
`(3) assist the Secretary, directorates, and offices of
the Department to develop, implement, and periodically review
Department policies and procedures to ensure that the protection of
civil rights and civil liberties is appropriately incorporated into
Department programs and activities;
`(4) oversee compliance with constitutional, statutory,
regulatory, policy, and other requirements relating to the civil rights
and civil liberties of individuals affected by the programs and
activities of the Department;
`(5) coordinate with the Privacy Officer to ensure that--
`(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy considerations are addressed
in an integrated and comprehensive manner; and
`(B) Congress receives appropriate reports regarding such programs, policies, and procedures; and
`(6) investigate complaints and information indicating
possible abuses of civil rights or civil liberties, unless the
Inspector General of the Department determines that any such complaint
or information should be investigated by the Inspector General.'.
SEC. 234. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
`(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office of
Inspector General, who shall be a career member of the civil service at
the equivalent to the GS-15 level or a career member of the Senior
Executive Service, to perform the functions described in paragraph (2).
`(2) The senior official designated under paragraph (1) shall--
`(A) coordinate the activities of the Office of
Inspector General with respect to investigations of abuses of civil
rights or civil liberties;
`(B) receive and review complaints and information from
any source alleging abuses of civil rights and civil liberties by
employees or officials of the Department and employees or officials of
independent contractors or grantees of the Department;
`(C) initiate investigations of alleged abuses of civil
rights or civil liberties by employees or officials of the Department
and employees or officials of independent contractors or grantees of
the Department;
`(D) ensure that personnel within the Office of
Inspector General receive sufficient training to conduct effective
civil rights and civil liberties investigations;
`(E) consult with the Officer for Civil Rights and Civil Liberties regarding--
`(i) alleged abuses of civil rights or civil liberties; and
`(ii) any policy recommendations regarding civil
rights and civil liberties that may be founded upon an investigation by
the Office of Inspector General;
`(F) provide the Officer for Civil Rights and Civil
Liberties with information regarding the outcome of investigations of
alleged abuses of civil rights and civil liberties;
`(G) refer civil rights and civil liberties matters
that the Inspector General decides not to investigate to the Officer
for Civil Rights and Civil Liberties;
`(H) ensure that the Office of the Inspector General
publicizes and provides convenient public access to information
regarding--
`(i) the procedure to file complaints or comments concerning civil rights and civil liberties matters; and
`(ii) the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and
`(I) inform the Officer for Civil Rights and Civil
Liberties of any weaknesses, problems, and deficiencies within the
Department relating to civil rights or civil liberties.'.
SEC. 235. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended--
(1) in the matter preceding paragraph (1), by inserting
`, who shall report directly to the Secretary,' after `in the
Department';
(2) in paragraph (4), by striking `and' at the end;
(3) by redesignating paragraph (5) as paragraph (6); and
(4) by inserting after paragraph (4) the following:
`(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that--
`(A) programs, policies, and procedures involving
civil rights, civil liberties, and privacy considerations are addressed
in an integrated and comprehensive manner; and
`(B) Congress receives appropriate reports on such programs, policies, and procedures; and'.
TITLE III--MODIFICATIONS OF LAWS RELATING TO INTELLIGENCE COMMUNITY MANAGEMENT
Subtitle A--Conforming and Other Amendments
SEC. 301. RESTATEMENT AND MODIFICATION OF BASIC AUTHORITY ON THE CENTRAL INTELLIGENCE AGENCY.
(a) IN GENERAL- Title I of the National Security Act of
1947 (50 U.S.C. 402 et seq.) is amended by striking sections 102
through 104 and inserting the following new sections:
`CENTRAL INTELLIGENCE AGENCY
`SEC. 102. (a) CENTRAL INTELLIGENCE AGENCY- There is a Central Intelligence Agency.
`(b) FUNCTION- The function of the Central Intelligence
Agency is to assist the Director of the Central Intelligence Agency in
carrying out the responsibilities specified in section 103(d).
`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
`SEC. 103. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY-
There is a Director of the Central Intelligence Agency who shall be
appointed by the President, by and with the advice and consent of the
Senate.
`(b) SUPERVISION- The Director of the Central Intelligence
Agency shall report to the National Intelligence Director regarding the
activities of the Director of the Central Intelligence Agency.
`(c) DUTIES- The Director of the Central Intelligence Agency shall--
`(1) serve as the head of the Central Intelligence Agency; and
`(2) carry out the responsibilities specified in subsection (d).
`(d) RESPONSIBILITIES- The Director of the Central Intelligence Agency shall--
`(1) collect intelligence through human sources and by
other appropriate means, except that the Director of the Central
Intelligence Agency shall have no police, subpoena, or law enforcement
powers or internal security functions;
`(2) correlate and evaluate intelligence related to the
national security and provide appropriate dissemination of such
intelligence;
`(3) provide overall direction for and coordination of
the collection of national intelligence outside the United States
through human sources by elements of the intelligence community
authorized to undertake such collection and, in coordination with other
departments, agencies, or elements of the United States Government
which are authorized to undertake such collection, ensure that the most
effective use is made of resources and that appropriate account is
taken of the risks to the United States and those involved in such
collection; and
`(4) perform such other functions and duties related to
intelligence affecting the national security as the President or the
National Intelligence Director may direct.
`(e) TERMINATION OF EMPLOYMENT OF CIA EMPLOYEES- (1)
Notwithstanding the provisions of any other law, the Director of the
Central Intelligence Agency may, in the discretion of the Director,
terminate the employment of any officer or employee of the Central
Intelligence Agency whenever the Director considers the termination of
employment of such officer or employee necessary or advisable in the
interests of the United States.
`(2) Any termination of employment of an officer or
employee under paragraph (1) shall not affect the right of the officer
or employee to seek or accept employment in any other department,
agency, or element of the United States Government if declared eligible
for such employment by the Office of Personnel Management.
`(f) COORDINATION WITH FOREIGN GOVERNMENTS- Under the
direction of the National Intelligence Director and in a manner
consistent with section 207 of the Foreign Service Act of 1980 (22
U.S.C. 3927), the Director of the Central Intelligence Agency shall
coordinate the relationships between elements of the intelligence
community and the intelligence or security services of foreign
governments or international organizations on all matters involving
intelligence related to the national security.'
(b) TRANSFORMATION OF CENTRAL INTELLIGENCE AGENCY- The
Director of the Central Intelligence Agency shall, in accordance with
standards developed by the Director in consultation with the National
Intelligence Director--
(1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program within the Agency;
(3) emphasize the hiring of personnel of diverse backgrounds for purposes of improving the capabilities of the Agency;
(4) establish and maintain effective relationships
between human intelligence and signals intelligence within the Agency
at the operational level; and
(5) achieve a more effective balance within the Agency with respect to unilateral operations and liaison operations.
(c) REPORTS- (1) Not later than 180 days after the
effective date of this section, and annually thereafter, the Director
of the Central Intelligence Agency shall submit to the National
Intelligence Director and the congressional intelligence committees a
report setting forth the following:
(A) A strategy for improving the conduct of analysis
(including strategic analysis) by the Central Intelligence Agency, and
the progress of the Agency in implementing the strategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the Agency in
implementing the strategy, including--
(i) the recruitment, training, equipping, and
deployment of personnel required to address the current and projected
threats to the national security of the United States during each of
the 2-year, 5-year, and 10-year periods beginning on the date of such
report, including personnel with the backgrounds, education, and
experience necessary for ensuring a human intelligence capability
adequate for such projected threats;
(ii) the achievement of a proper balance between unilateral operations and liaison operations;
(iii) the development of language capabilities
(including the achievement of high standards in such capabilities by
the use of financial incentives and other mechanisms);
(iv) the sound financial management of the Directorate of Operations; and
(v) the identification of other capabilities
required to address the current and projected threats to the national
security of the United States during each of the 2-year, 5-year, and
10-year periods beginning on the date of such report.
(C) In conjunction with the Director of the National
Security Agency, a strategy for achieving integration between signals
and human intelligence capabilities, and the progress in implementing
the strategy.
(D) Metrics and milestones for measuring progress in the implementation of each such strategy.
(2)(A) The information in each report under paragraph (1)
on the element of the strategy referred to in paragraph (1)(B)(i) shall
identify the number and types of personnel required to implement the
strategy during each period addressed in such report, include a plan
for the recruitment, training, equipping, and deployment of such
personal, and set forth an estimate of the costs of such activities.
(B) If as of the date of a report under paragraph (1), a
proper balance does not exist between unilateral operations and liaison
operations, such report shall set forth the steps to be taken to
achieve such balance.
(C) The information in each report under paragraph (1) on
the element of the strategy referred to in paragraph (1)(B)(v) shall
identify the other capabilities required to implement the strategy
during each period addressed in such report, include a plan for
developing such capabilities, and set forth an estimate of the costs of
such activities.
SEC. 302. CONFORMING AMENDMENTS RELATING TO ROLES OF
NATIONAL INTELLIGENCE DIRECTOR AND DIRECTOR OF THE CENTRAL INTELLIGENCE
AGENCY.
(a) NATIONAL SECURITY ACT OF 1947- (1) The National
Security Act of 1947 (50 U.S.C. 401 et seq.) is amended by striking
`Director of Central Intelligence' each place it appears in the
following provisions and inserting `National Intelligence Director':
(A) Section 3(5)(B) (50 U.S.C. 401a(5)(B)).
(B) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(C) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(D) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(E) Section 101(j) (50 U.S.C. 402(j)).
(F) Section 105(a) (50 U.S.C. 403-5(a)).
(G) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(H) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(I) Section 105B(b) (50 U.S.C. 403-5b(b)).
(J) Section 110(b) (50 U.S.C. 404e(b)).
(K) Section 110(c) (50 U.S.C. 404e(c)).
(L) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(M) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(N) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(O) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(P) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(R) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(S) Section 115(b) (50 U.S.C. 404j(b)).
(T) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(U) Section 116(a) (50 U.S.C. 404k(a)).
(V) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(W) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(X) Section 501(d) (50 U.S.C. 413(d)).
(Y) Section 502(a) (50 U.S.C. 413a(a)).
(Z) Section 502(c) (50 U.S.C. 413a(c)).
(AA) Section 503(b) (50 U.S.C. 413b(b)).
(BB) Section 504(a)(2) (50 U.S.C. 414(a)(2)).
(CC) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(DD) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(EE) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(FF) Section 603(a) (50 U.S.C. 423(a)).
(GG) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(HH) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
(II) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it appears.
(JJ) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(KK) Section 703(a)(6)(B)(viii) (50 U.S.C. 432a(a)(6)(B)(viii)).
(LL) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it appears.
(MM) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(NN) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(OO) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it appears.
(PP) Section 1001(a) (50 U.S.C. 441g(a)).
(QQ) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(RR) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(SS) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(TT) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking `of Central Intelligence' each place it appears in the following provisions:
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105B(a)(2) (50 U.S.C. 403-5b(a)(2)).
(C) Section 105B(b) (50 U.S.C. 403-5b(b)), the second place it appears.
(3) That Act is further amended by striking `Director' each
place it appears in the following provisions and inserting `National
Intelligence Director':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(C) Section 1001(c) (50 U.S.C. 441g(c)), the first place it appears.
(D) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(E) Section 1001(e) (50 U.S.C. 441g(e)), the first place it appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking `Director of Central Intelligence' and inserting `National
Intelligence Director, the Director of the Central Intelligence Agency'
(5) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking `Operational files
of the Central Intelligence Agency may be exempted by the Director of
Central Intelligence' and inserting `The Director of the Central
Intelligence Agency, with the coordination of the National Intelligence
Director, may exempt operational files of the Central Intelligence
Agency'; and
(B) in subsection (g)(1), by striking `Director of
Central Intelligence' and inserting `Director of the Central
Intelligence Agency and the National Intelligence Director'.
(6) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to read as follows:
`ADDITIONAL ANNUAL REPORTS FROM THE NATIONAL INTELLIGENCE DIRECTOR'.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- (1) Section 1
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is
amended--
(A) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and
(B) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
`(2) `Director' means the Director of the Central Intelligence Agency; and'.
(2) That Act (50 U.S.C. 403a et seq.) is further amended by
striking `Director of Central Intelligence' each place it appears in
the following provisions and inserting `National Intelligence Director':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(3) That Act is further amended by striking `of Central Intelligence' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(A) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(B) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(C) Section 20(c) (50 U.S.C. 403t(c)).
(4) That Act is further amended by striking `Director of
Central Intelligence' each place it appears in the following provisions
and inserting `Director of the Central Intelligence Agency':
(A) Section 14(b) (50 U.S.C. 403n(b)).
(B) Section 16(b)(2) (50 U.S.C. 403p(b)(2)).
(C) Section 16(b)(3) (50 U.S.C. 403p(b)(3)), both places it appears.
(D) Section 21(g)(1) (50 U.S.C. 403u(g)(1)).
(E) Section 21(g)(2) (50 U.S.C. 403u(g)(2)).
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- Section 101
of the Central Intelligence Agency Retirement Act (50 U.S.C. 2001) is
amended by striking paragraph (2) and inserting the following new
paragraph (2):
`(2) DIRECTOR- The term `Director' means the Director of the Central Intelligence Agency.'.
(d) CIA VOLUNTARY SEPARATION PAY ACT- Subsection (a)(1) of
section 2 of the Central Intelligence Agency Voluntary Separation Pay
Act (50 U.S.C. 2001 note) is amended to read as follows:
`(1) the term `Director' means the Director of the Central Intelligence Agency;'.
(e) FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978- (1) The
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.)
is amended by striking `Director of Central Intelligence' each place it
appears and inserting `National Intelligence Director'.
(f) CLASSIFIED INFORMATION PROCEDURES ACT- Section 9(a) of
the Classified Information Procedures Act (5 U.S.C. App.) is amended by
striking `Director of Central Intelligence' and inserting `National
Intelligence Director'.
(g) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 103-359- Section 811(c)(6)(C) of the
Counterintelligence and Security Enhancements Act of 1994 (title VIII
of Public Law 103-359) is amended by striking `Director of Central
Intelligence' and inserting `National Intelligence Director'.
(2) PUBLIC LAW 107-306- (A) The Intelligence
Authorization Act for Fiscal Year 2003 (Public Law 107-306) is amended
by striking `Director of Central Intelligence, acting as the head of
the intelligence community,' each place it appears in the following
provisions and inserting `National Intelligence Director':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) Section 341 of that Act (50 U.S.C. 404n-1) is
amended by striking `Director of Central Intelligence, acting as the
head of the intelligence community, shall establish in the Central
Intelligence Agency' and inserting `National Intelligence Director
shall establish within the Central Intelligence Agency'.
(C) Section 352(b) of that Act (50 U.S.C. 404-3 note)
is amended by striking `Director' and inserting `National Intelligence
Director'.
(3) PUBLIC LAW 108-177- (A) The Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177) is amended
by striking `Director of Central Intelligence' each place it appears in
the following provisions and inserting `National Intelligence Director':
(i) Section 317(a) (50 U.S.C. 403-3 note).
(iii) Section 318(a) (50 U.S.C. 441g note).
(iv) Section 319(b) (50 U.S.C. 403 note).
(v) Section 341(b) (28 U.S.C. 519 note).
(vi) Section 357(a) (50 U.S.C. 403 note).
(vii) Section 504(a) (117 Stat. 2634), both places it appears.
(B) Section 319(f)(2) of that Act (50 U.S.C. 403 note)
is amended by striking `Director' the first place it appears and
inserting `National Intelligence Director'.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking `Director of Central Intelligence' and inserting
`Director of the Central Intelligence Agency'.
SEC. 303. OTHER CONFORMING AMENDMENTS.
(a) NATIONAL SECURITY ACT OF 1947- (1) Section 101(j) of
the National Security Act of 1947 (50 U.S.C. 402(j)) is amended by
striking `Deputy Director of Central Intelligence' and inserting
`Principal Deputy National Intelligence Director'.
(2) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking `section 103(c)(6) of this Act' and inserting
`section 112(a)(14) of the National Intelligence Reform Act of 2004'.
(3) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking `to the Deputy Director of Central Intelligence, or
with respect to employees of the Central Intelligence Agency, the
Director may delegate such authority to the Deputy Director for
Operations' and inserting `to the Principal Deputy National
Intelligence Director, or, with respect to employees of the Central
Intelligence Agency, to the Director of the Central Intelligence
Agency'.
(4) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking `Reserve for Contingencies of the Central
Intelligence Agency' and inserting `Reserve for Contingencies'.
(5) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking `Office of the Deputy Director of Central
Intelligence' and inserting `Office of the National Intelligence
Director'.
(6) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking `or the Office of the Director of Central
Intelligence' and inserting `the Office of the Director of the Central
Intelligence Agency, or the Office of the National Intelligence
Director'.
(7) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking `Assistant Director of Central Intelligence for
Administration' and inserting `Office of the National Intelligence
Director'.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- Section 6 of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended
by striking `section 103(c)(7) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(7))' and inserting `section 112(a)(14) of the National
Intelligence Reform Act of 2004'.
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- Section
201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2011(c)) is amended by striking `paragraph (6) of section 103(c) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of
Central Intelligence' and inserting `section 112(a)(14) of the National
Intelligence Reform Act of 2004 that the National Intelligence
Director'.
(d) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 107-306- Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 404n-2(c)) is amended by striking `section 103(c)(6)
of the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))' and
inserting `section 112(a)(14) of the National Intelligence Reform Act
of 2004'.
(2) PUBLIC LAW 108-177- Section 317 of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-177; 50 U.S.C.
403-3 note) is amended--
(A) in subsection (g), by striking `Assistant
Director of Central Intelligence for Analysis and Production' and
inserting `Principal Deputy National Intelligence Director'; and
(B) in subsection (h)(2)(C), by striking `Assistant Director' and inserting `Principal Deputy National Intelligence Director'.
SEC. 304. MODIFICATION OF COUNTERINTELLIGENCE AND NATIONAL INTELLIGENCE UNDER NATIONAL SECURITY ACT OF 1947.
Section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended--
(1) by striking paragraph (3) and inserting the following new paragraph (3):
`(3) The term `counterintelligence' means foreign
intelligence gathered, and information gathering activities conducted,
to protect against espionage, other intelligence activities, sabotage,
or assassinations conducted by or on behalf of foreign governments or
elements thereof, foreign organizations, or foreign persons, or
international terrorist activities.'; and
(2) in paragraph (5)(B)--
(A) by striking `counterintelligence or'; and
(B) by striking `expressly provided for in this title' and insert `expressly provided for in law'.
SEC. 305. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(4) The term `intelligence community' includes the following:
`(A) The National Intelligence Authority.
`(B) The Central Intelligence Agency.
`(C) The National Security Agency.
`(D) The Defense Intelligence Agency.
`(E) The National Geospatial-Intelligence Agency.
`(F) The National Reconnaissance Office.
`(G) Other offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance programs.
`(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
`(I) The Bureau of Intelligence and Research of the Department of State.
`(J) The Office of Intelligence and Analysis of the Department of the Treasury.
`(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
`(L) Such other elements of any department or
agency as may be designated by the President, or designated jointly by
the National Intelligence Director and the head of the department or
agency concerned, as an element of the intelligence community.'.
SEC. 306. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) REDESIGNATION- Section 3 of the National Security Act
of 1947 (50 U.S.C. 401a), as amended by this Act, is further amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraph (7) as paragraph (6).
(b) CONFORMING AMENDMENTS- (1) The National Security Act of
1947, as amended by this Act, is further amended by striking `National
Foreign Intelligence Program' each place it appears in the following
provisions and inserting `National Intelligence Program':
(A) Section 105(a)(2) (50 U.S.C. 403-5(a)(2)).
(B) Section 105(a)(3) (50 U.S.C. 403-5(a)(3)).
(C) Section 506(a) (50 U.S.C. 415a(a)).
(2) Section 17(f) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(f)) is amended by striking `National Foreign
Intelligence Program' and inserting `National Intelligence Program'.
(c) HEADING AMENDMENTS- (1) The heading of section 105 of that Act is amended to read as follows:
`RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL INTELLIGENCE PROGRAM'.
(2) The heading of section 506 of that Act is amended to read as follows:
`SPECIFICITY OF NATIONAL INTELLIGENCE PROGRAM BUDGET AMOUNTS
FOR COUNTERTERRORISM, COUNTERPROLIFERATION, COUNTERNARCOTICS, AND
COUNTERINTELLIGENCE'.
SEC. 307. CONFORMING AMENDMENTS ON RESPONSIBILITIES OF SECRETARY OF DEFENSE PERTAINING TO NATIONAL INTELLIGENCE PROGRAM.
Section 105(a) of the National Security Act of 1947 (50 U.S.C. 403-5(a)) is amended--
(1) in paragraph (1), by striking `ensure' and inserting `assist the Director in ensuring'; and
(2) in paragraph (2), by striking `appropriate'.
SEC. 308. REPEAL OF SUPERSEDED AUTHORITIES.
(a) APPOINTMENT OF CERTAIN INTELLIGENCE OFFICIALS- Section
106 of the National Security Act of 1947 (50 U.S.C. 403-6) is repealed.
(b) COLLECTION TASKING AUTHORITY- Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 309. CONFORMING AMENDMENTS ON FUNDING OF INTELLIGENCE ACTIVITIES.
Section 504 of the National Security Act of 1947 (50 U.S.C. 414) is amended--
(1) in subsection (a)(3)--
(A) in subparagraph (A), by adding `and' at the end;
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as subparagraph (B); and
(2) in subsection (e), by striking paragraph (2) and inserting the following new paragraph (2):
`(2) the term `appropriate congressional committees' means--
`(A)(i) the Permanent Select Committee on
Intelligence and the Committee on Appropriations of the House of
Representatives; and
`(ii) the Select Committee on Intelligence and the Committee on Appropriations of the Senate;
`(B) in the case of a transfer of funds to or from, or a reprogramming within, the Department of Defense--
`(i) the committees and select committees referred to in subparagraph (A);
`(ii) the Committee on Armed Services of the House of Representatives; and
`(iii) the Committee on Armed Services of the Senate; and
`(C) in the case of a transfer of funds to or from, or a reprogramming within, the Federal Bureau of Investigation--
`(i) the committees and select committees referred to in subparagraph (A);
`(ii) the Committee on the Judiciary of the House of Representatives; and
`(iii) the Committee on the Judiciary of the Senate; and'.
SEC. 310. MODIFICATION OF DEFINITION OF CONGRESSIONAL INTELLIGENCE COMMITTEES UNDER NATIONAL SECURITY ACT OF 1947.
(a) IN GENERAL- Paragraph (7) of section 3 of the National
Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(7) The term `congressional intelligence committees' means--
`(A) the Select Committee on Intelligence of the Senate;
`(B) the Permanent Select Committee on Intelligence of the House of Representatives;
`(C) the Speaker of the House of Representatives
and the Majority Leader and the Minority Leader of the House of
Representatives; and
`(D) the Majority Leader and the Minority Leader of the Senate.'.
(b) FUNDING OF INTELLIGENCE ACTIVITIES- Paragraph (2) of
section 504(e) of that Act (50 U.S.C. 414(e)) is amended to read as
follows:
`(2) the term `appropriate congressional committees' means--
`(A) the Select Committee on Intelligence and the Committee on Appropriations of the Senate;
`(B) the Permanent Select Committee on Intelligence and the Committee on Appropriations of the House of Representatives;
`(C) the Speaker of the House of Representatives
and the Majority Leader and the Minority Leader of the House of
Representatives; and
`(D) the Majority Leader and the Minority Leader of the Senate;'.
SEC. 311. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents for the National Security Act of 1947 is amended--
(1) by inserting after the item relating to section 101 the following new item:
`Sec. 101A. Joint Intelligence Community Council.';
(2) by striking the items relating to sections 102 through 104 and inserting the following new items:
`Sec. 102. Central Intelligence Agency.
`Sec. 103. Director of the Central Intelligence Agency.';
(3) by striking the item relating to section 105 and inserting the following new item:
`Sec 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.';
(4) by striking the item relating to section 114 and inserting the following new item:
`Sec. 114. Additional annual reports from the National Intelligence Director.';
(5) by striking the item relating to section 506 and inserting the following new item:
`Sec. 506. Specificity of National Intelligence Program
budget amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence'.
SEC. 312. MODIFICATION OF AUTHORITIES RELATING TO NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) APPOINTMENT OF NATIONAL COUNTERINTELLIGENCE EXECUTIVE-
Section 902(a) of the Counterintelligence Enhancement Act of 2002
(title IX of Public Law 107-306; 116 Stat,. 2432; 50 U.S.C. 402b) is
amended--
(1) by striking `President' and inserting `National Intelligence Director'; and
(2) by striking `Director of Central Intelligence' and inserting `Director of the Central Intelligence Agency'.
(b) COMPONENT OF OFFICE OF NATIONAL INTELLIGENCE DIRECTOR- Such section is further amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) COMPONENT OF OFFICE OF NATIONAL INTELLIGENCE DIRECTOR-
The National Counterintelligence Executive is a component of the Office
of the National Intelligence Director under subtitle C of the National
Intelligence Reform Act of 2004.'.
(c) DUTIES- Subsection (d) of such section, as redesignated
by subsection (a)(1) of this section, is amended by adding at the end
the following new paragraph:
`(5) To perform such other duties as may be provided under section 132(b) of the National Intelligence Reform Act of 2004.'.
(d) OFFICE OF NATIONAL COUNTERINTELLIGENCE EXECUTIVE-
Section 904 of the Counterintelligence Enhancement Act of 2002 (116
Stat. 2434; 50 U.S.C. 402c) is amended--
(1) by striking `Office of the Director of Central
Intelligence' each place it appears in subsections (c) and (l)(1) and
inserting `Office of the National Intelligence Director';
(2) by striking `Director of Central Intelligence' each
place it appears in subsections (e)(4), (e)(5), (h)(1), and (h)(2) and
inserting `National Intelligence Director'; and
(3) in subsection (m), by striking `Director of Central
Intelligence' and inserting `National Intelligence Director, the
Director of the Central Intelligence Agency'.
SEC. 313. CONFORMING AMENDMENT RELATING TO CHIEF FINANCIAL OFFICER OF THE NATIONAL INTELLIGENCE AUTHORITY.
Section 901(b)(1) of title 31, United States Code, is amended by adding at the end the following new subparagraph:
`(Q) The National Intelligence Authority.'.
Subtitle B--Transfers and Terminations
SEC. 321. TRANSFER OF OFFICE OF DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE FOR COMMUNITY MANAGEMENT.
(a) TRANSFER- There shall be transferred to the Office of
the National Intelligence Director the staff of the Office of the
Deputy Director of Central Intelligence for Community Management as of
the date of the enactment of this Act, including all functions and
activities discharged by the Office of the Deputy Director of Central
Intelligence for Community Management as of that date.
(b) ADMINISTRATION- The National Intelligence Director
shall administer the staff of the Office of the Deputy Director of
Central Intelligence for Community Management after the date of the
enactment of this Act as a component of the Office of the National
Intelligence Director under section 121(d).
SEC. 322. TRANSFER OF NATIONAL COUNTERINTELLIGENCE EXECUTIVE.
(a) TRANSFER- There shall be transferred to the Office of
the National Intelligence Director the National Counterintelligence
Executive and the Office of the National Counterintelligence Executive
under the Counterintelligence Enhancement Act of 2002 (title IX of
Public Law 107-306; 50 U.S.C. 402b et seq.), as amended by section 309
of this Act, including all functions and activities discharged by the
National Counterintelligence Executive and the Office of the National
Counterintelligence Executive as of the date of the enactment of this
Act.
(b) ADMINISTRATION- The National Intelligence Director
shall treat the National Counterintelligence Executive, and administer
the Office of the National Counterintelligence Executive, after the
date of the enactment of this Act as components of the Office of the
National Intelligence Director under section 121(c).
SEC. 323. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) TRANSFER- There shall be transferred to the National
Counterterrorism Center the Terrorist Threat Integration Center (TTIC),
including all functions and activities discharged by the Terrorist
Threat Integration Center as of the date of the enactment of this Act.
(b) ADMINISTRATION- The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act as a
component of the Directorate of Intelligence of the National
Counterterrorism Center under section 143(g)(2).
SEC. 324. TERMINATION OF CERTAIN POSITIONS WITHIN THE CENTRAL INTELLIGENCE AGENCY.
(a) TERMINATION- The positions within the Central Intelligence Agency referred to in subsection (b) are hereby abolished.
(b) COVERED POSITIONS- The positions within the Central Intelligence Agency referred to in this subsection are as follows:
(1) The Deputy Director of Central Intelligence for Community Management.
(2) The Assistant Director of Central Intelligence for Collection.
(3) The Assistant Director of Central Intelligence for Analysis and Production.
(4) The Assistant Director of Central Intelligence for Administration.
Subtitle C--Other Transition Matters
SEC. 331. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL I- Section 5312 of title 5,
United States Code, is amended by adding the end the following new item:
`National Intelligence Director.'.
(b) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5, United States Code, is amended--
(1) by striking the item relating to the Director of Central Intelligence; and
(2) by adding at the end the following new items:
`The Director of the Central Intelligence Agency'.
`Deputy National Intelligence Directors (5).
`Director of the National Counterterrorism Center.'.
(c) EXECUTIVE SCHEDULE LEVEL III- Section 5314 of title 5,
United States Code, is amended by striking the item relating to the
Deputy Directors of Central Intelligence and inserting the following
new item:
`Deputy Director of the Central Intelligence Agency.'.
(d) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5,
United States Code, is amended by striking the item relating to the
Assistant Directors of Central Intelligence.
SEC. 332. PRESERVATION OF INTELLIGENCE CAPABILITIES.
The National Intelligence Director, the Director of the
Central Intelligence Agency, and the Secretary of Defense shall jointly
take such actions as are appropriate to preserve the intelligence
capabilities of the United States during the establishment of the
National Intelligence Authority under this Act.
SEC. 333. REORGANIZATION.
(a) REORGANIZATION- The National Intelligence Director may,
with the approval of the President and after consultation with the
department, agency, or element concerned, allocate or reallocate
functions among the officers of the National Intelligence Program, and
may establish, consolidate, alter, or discontinue organizational units
within the Program, but only after providing notice of such action to
Congress, which shall include an explanation of the rationale for the
action.
(b) LIMITATION- The authority under subsection (a) does not extend to any action inconsistent with law.
(c) CONGRESSIONAL REVIEW- An action may be taken under the
authority under subsection (a) only with the approval of the following:
(1) Each of the congressional intelligence committees.
(2) Each of the Committee on Governmental Affairs of
the Senate and the Committee on Government Reform of the House of
Representatives.
SEC. 334. NATIONAL INTELLIGENCE DIRECTOR REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
Not later than one year after the date of the enactment of
this Act, the National Intelligence Director shall submit to Congress a
report on the progress made in the implementation of this Act,
including the amendments made by this Act. The report shall include a
comprehensive description of the progress made, and may include such
recommendations for additional legislative or administrative action as
the Director considers appropriate.
SEC. 335. COMPTROLLER GENERAL REPORTS ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
(a) REPORTS- (1) Not later than two years after the date of
the enactment of this Act, the Comptroller General of the United States
shall submit to Congress a comprehensive report on the implementation
of this Act and the amendments made by this Act.
(2) The Comptroller General may submit to Congress at any
time during the two-year period beginning on the date of the enactment
of this Act, such reports on the progress made in the implementation of
this Act and the amendments made by this Act as the Comptroller General
considers appropriate.
(b) REPORT ELEMENTS- Each report under subsection (a) shall include the following:
(1) The assessment of the Comptroller General of the
progress made in the implementation of this Act (and the amendments
made by this Act) as of the date of such report.
(2) A description of any delays or other shortfalls in
the implementation of this Act that have been identified by the
Comptroller General.
(3) Any recommendations for additional legislative or
administrative action that the Comptroller General considers
appropriate.
(c) AGENCY COOPERATION- Each department, agency, and
element of the United States Government shall cooperate with the
Comptroller General in the assessment of the implementation of this
Act, and shall provide the Comptroller General timely and complete
access to relevant documents in accordance with section 716 of title
31, United States Code.
SEC. 336. NATIONAL INTELLIGENCE COUNCIL REPORT ON METHODOLOGIES UTILIZED FOR NATIONAL INTELLIGENCE ESTIMATES.
(a) REPORT- Not later than 180 days after the date of the
enactment of this Act, the National Intelligence Council shall submit
to Congress a report that includes the following:
(1) The methodologies utilized for the initiation,
drafting, publication, coordination, and dissemination of the results
of National Intelligence Estimates (NIEs).
(2) Such recommendations as the Council considers
appropriate regarding improvements of the methodologies utilized for
National Intelligence Estimates in order to ensure the timeliness of
such Estimates and ensure that such Estimates address the national
security and intelligence priorities and objectives of the President
and the National Intelligence Director.
(b) FORM- The report under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.
SEC. 337. NATIONAL INTELLIGENCE DIRECTOR REPORT ON NATIONAL COUNTERTERRORISM CENTER.
(a) REPORT- Not later than one year after the date of the
establishment of the National Counterterrorism Center under section
143, the National Intelligence Director shall submit to Congress a
report evaluating the effectiveness of the Center in achieving its
primary missions under subsection (d) of that section.
(b) ELEMENTS- The report under subsection (a) shall include the following:
(1) An assessment of the effectiveness of the National Counterterrorism Center in achieving its primary missions.
(2) An assessment of the effectiveness of the
authorities of the Center in contributing to the achievement of its
primary missions, including authorities relating to personnel and
staffing, funding, information sharing, and technology.
(3) An assessment of the relationships between the Center and the other elements and components of the intelligence community.
(4) An assessment of the extent to which the Center
provides an appropriate model for the establishment of national
intelligence centers under section 144.
(c) FORM- The report under subsection (a) shall be submitted in an unclassified form, but may include a classified annex.
SEC. 338. COMPONENTS OF NATIONAL INTELLIGENCE PROGRAM.
(a) IN GENERAL- Notwithstanding any other provision of this
Act, the National Intelligence Program shall consist of all programs,
projects, and activities that are part of the National Foreign
Intelligence Program as of the effective date of this section.
(b) JOINT REVIEW OF CERTAIN PROGRAMS- (1) The National
Intelligence Director and the Secretary of Defense shall jointly review
the programs, projects, and activities as follows:
(A) The programs, projects, and activities within the
Joint Military Intelligence Program as of the effective date of this
section.
(B) The programs, projects, and activities within the
Tactical Intelligence and Related Activities program as of the
effective date of this section.
(C) The programs, projects, and activities of the
Defense Intelligence Agency as of the effective date of this section
that support the intelligence staff of the Chairman of the Joint Chiefs
of Staff, the intelligence staffs of the unified combatant commands,
and the portions of the sensitive compartmented communications systems
that support components of the Department of Defense.
(2) As part of the review under paragraph (1), the Director
shall consult with the head of each element of the intelligence
community.
(3)(A) The review under paragraph (1) with respect to the
programs, projects, and activities referred to in paragraph (1)(C)
shall be completed not later than 60 days after the date on which the
first individual nominated as National Intelligence Director after the
date of the enactment of this Act is confirmed by the Senate.
(B) Upon completion of the review under paragraph (1) of
the programs, projects, and activities referred to in paragraph (1)(C),
the Director shall submit to the President recommendations regarding
the programs, projects, or activities, if any, referred to in paragraph
(1)(C) to be included in the National Intelligence Program, together
with any comments that the Secretary of Defense considers appropriate.
(C) During the period of the review under paragraph (1) of
the programs, projects, and activities referred to in paragraph (1)(C),
no action shall be taken that would have the effect of prejudicing the
outcome of such review.
(4)(A) The review under paragraph (1) with respect to the
programs, projects, and activities referred to in subparagraphs (A) and
(B) of paragraph (1) shall be completed not later than one year after
the effective date of this section.
(B) Upon completion of the review under paragraph (1) of
the programs, projects, and activities referred to in subparagraphs (A)
and (B) of paragraph (1), the Director shall submit to the President
recommendations regarding the programs, projects, or activities, if
any, referred to in such subparagraphs to be included in the National
Intelligence Program, together with any comments that the Secretary of
Defense considers appropriate.
SEC. 339. GENERAL REFERENCES.
(a) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF
INTELLIGENCE COMMUNITY- Any reference to the Director of Central
Intelligence or the Director of the Central Intelligence Agency in the
Director's capacity as the head of the intelligence community in any
law, regulation, document, paper, or other record of the United States
shall be deemed to be a reference to the National Intelligence Director.
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA- Any
reference to the Director of Central Intelligence or the Director of
the Central Intelligence Agency in the Director's capacity as the head
of the Central Intelligence Agency in any law, regulation, document,
paper, or other record of the United States shall be deemed to be a
reference to the Director of the Central Intelligence Agency.
(c) OFFICE OF THE DEPUTY DIRECTOR OF CENTRAL INTELLIGENCE
FOR COMMUNITY MANAGEMENT- Any reference to the Office of the Deputy
Director of Central Intelligence for Community Management in any law,
regulation, document, paper, or other record of the United States shall
be deemed to be a reference to the staff of such office within the
Office of the National Intelligence Director under section 121.
Subtitle D--Effective Date
SEC. 341. EFFECTIVE DATE.
(a) IN GENERAL- Except as provided in subsections (b), (c),
and (d), titles I through III of this Act, and the amendments made by
such titles, shall take effect 180 days after the date of the enactment
of this Act.
(b) SPECIFIED EFFECTIVE DATES- (1) The provisions of section 206 shall take effect as provided in such provisions.
(2) The provisions of sections 211 and 212 shall take effect 90 days after the date of the enactment of this Act.
(c) EARLIER EFFECTIVE DATE- In order to safeguard the
national security of the United States through rapid implementation of
titles I through III of this Act while also ensuring a smooth
transition in the implementation of such titles, the President may
provide that titles I through III of this Act (including the amendments
made by such titles), or one or more particular provisions of such
titles (including the amendments made by such provision or provisions),
shall take effect on such date that is earlier than the date otherwise
provided under subsection (a) as the President shall specify.
(d) DELAYED EFFECTIVE DATE- (1) Except with respect to a
provision specified in subsection (b), the President may extend the
effective date of a provision of titles I through III of this Act
(including the amendments made by such provision) for any period up to
180 days after the effective date otherwise provided by this section
for such provision.
(2) The President may extend the effective date of a
provision under paragraph (1) only if the President determines that the
extension is necessary to safeguard the national security of the United
States and after balancing the need for a smooth transition in the
implementation of titles I through III of this Act against the need for
a rapid implementation of such titles.
(e) NOTIFICATION OF EFFECTIVE DATES- If the President exercises the authority in subsection (c) or (d), the President shall--
(1) notify Congress of the exercise of such authority; and
(2) publish in the Federal Register notice of the
earlier or delayed effective date or dates involved, including each
provision (and amendment) covered by such earlier or delayed effective
date.
Subtitle E--Other Matters
SEC. 351. SEVERABILITY.
If any provision of this Act, or an amendment made by this
Act, or the application of such provision to any person or circumstance
is held invalid, the remainder of this Act, or the application of such
provision to persons or circumstances other than those to which such
provision is held invalid, shall not be affected thereby.
SEC. 352. AUTHORIZATION OF APPROPRIATIONS.
There are specifically authorized to be appropriated for
fiscal year 2005 such sums as may be necessary to carry out this Act
and the amendments made by this Act.
TITLE IV--TRANSPORTATION SECURITY
SEC. 401. WATCHLISTS FOR PASSENGERS ABOARD VESSELS.
(a) IN GENERAL- As soon as practicable but not later than
180 days after the date of the enactment of this Act, the Secretary of
Homeland Security shall--
(1) implement a procedure under which the Department of
Homeland Security compares information about passengers and crew who
are to be carried aboard a cruise ship with a comprehensive,
consolidated database containing information about known or suspected
terrorists and their associates;
(2) use the information obtained by comparing the
passenger and crew information with the information in the database to
prevent known or suspected terrorists and their associates from
boarding such vessels or to subject them to specific additional
security scrutiny, through the use of `no transport' and `automatic
selectee' lists or other means; and
(3) if not practicable, enforcement of subsection (2) shall be waived for cruise ships embarking at foreign ports.
(b) COOPERATION FROM OPERATORS OF PASSENGER VESSELS- The
Secretary of Homeland Security shall by rulemaking require operators of
cruise ships to provide the passenger and crew information necessary to
implement the procedure required by subsection (a).
(c) MAINTAINING THE ACCURACY AND INTEGRITY OF THE `NO TRANSPORT' AND `AUTOMATIC SELECTEE' LISTS-
(1) WATCHLIST DATABASE- The Secretary of Homeland
Security, in consultation with the Director of the Federal Bureau of
Investigations, shall design guidelines, policies, and operating
procedures for the collection, removal, and updating of data
maintained, or to be maintained, in the watchlist database described in
subsection (a)(1) that are designed to ensure the accuracy and
integrity of the databases.
(2) ACCURACY OF ENTRIES- In developing the `no
transport' and `automatic selectee' lists under subsection (a)(1), the
Secretary of Homeland Security shall establish a simple and timely
method for correcting erroneous entries, for clarifying information
known to cause false hits or misidentification errors, and for updating
relevant information that is dispositive in the passenger and crew
screening process. The Secretary shall also establish a process to
provide an individual whose name is confused with, or similar to, a
name in the watchlist database with a means of demonstrating that such
individual is not the person named in the database.
(d) CRUISE SHIP DEFINED- In this section, the term `cruise
ship' shall be as defined in 33 CFR 104.105(a)(5) and (6) on the date
of enactment of this Act.
TITLE V--AIR CARGO SAFETY
SEC. 501. SHORT TITLE.
This title may be cited as the `Air Cargo Security Improvement Act'.
SEC. 502. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
Section 44901(f) of title 49, United States Code, is amended to read as follows:
`(1) IN GENERAL- The Secretary of Homeland Security
shall establish systems to screen, inspect, or otherwise ensure the
security of all cargo that is to be transported in--
`(A) passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation; or
`(B) all-cargo aircraft in air transportation and intrastate air transportation.
`(2) STRATEGIC PLAN- The Secretary shall develop a
strategic plan to carry out paragraph (1) within 6 months after the
date of enactment of the Air Cargo Security Improvement Act.
`(3) PILOT PROGRAM- The Secretary shall conduct a pilot
program of screening of cargo to assess the effectiveness of different
screening measures, including the use of random screening. The
Secretary shall attempt to achieve a distribution of airport
participation in terms of geographic location and size.'.
SEC. 503. AIR CARGO SHIPPING.
(a) IN GENERAL- Subchapter I of chapter 449 of title 49, United States Code, is amended by adding at the end the following:
`Sec. 44925. Regular inspections of air cargo shipping facilities
`The Secretary of Homeland Security shall establish a
system for the regular inspection of shipping facilities for shipments
of cargo transported in air transportation or intrastate air
transportation to ensure that appropriate security controls, systems,
and protocols are observed, and shall enter into arrangements with the
civil aviation authorities, or other appropriate officials, of foreign
countries to ensure that inspections are conducted on a regular basis
at shipping facilities for cargo transported in air transportation to
the United States.'.
(b) ADDITIONAL INSPECTORS- The Secretary may increase the
number of inspectors as necessary to implement the requirements of
title 49, United States Code, as amended by this subtitle.
(c) CONFORMING AMENDMENT- The chapter analysis for chapter
449 of title 49, United States Code, is amended by adding at the end
the following:
`44925. Regular inspections of air cargo shipping facilities'.
SEC. 504. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) IN GENERAL- Subchapter I of chapter 449 of title 49,
United States Code, is further amended by adding at the end the
following:
` 44926. Air cargo security
`(a) DATABASE- The Secretary of Homeland Security shall
establish an industry-wide pilot program database of known shippers of
cargo that is to be transported in passenger aircraft operated by an
air carrier or foreign air carrier in air transportation or intrastate
air transportation. The Secretary shall use the results of the pilot
program to improve the known shipper program.
`(b) INDIRECT AIR CARRIERS-
`(1) RANDOM INSPECTIONS- The Secretary shall conduct
random audits, investigations, and inspections of indirect air carrier
facilities to determine if the indirect air carriers are meeting the
security requirements of this title.
`(2) ENSURING COMPLIANCE- The Secretary may take such
actions as may be appropriate to promote and ensure compliance with the
security standards established under this title.
`(3) NOTICE OF FAILURES- The Secretary shall notify the
Secretary of Transportation of any indirect air carrier that fails to
meet security standards established under this title.
`(4) WITHDRAWAL OF SECURITY PROGRAM APPROVAL- The
Secretary may issue an order amending, modifying, suspending, or
revoking approval of a security program of an indirect air carrier that
fails to meet security requirements imposed by the Secretary if such
failure threatens the security of air transportation or commerce. The
affected indirect air carrier shall be given notice and the opportunity
to correct its noncompliance unless the Secretary determines that an
emergency exists. Any indirect air carrier that has the approval of its
security program amended, modified, suspended, or revoked under this
section may appeal the action in accordance with procedures established
by the Secretary under this title.
`(5) INDIRECT AIR CARRIER- In this subsection, the term
`indirect air carrier' has the meaning given that term in part 1548 of
title 49, Code of Federal Regulations.
`(c) CONSIDERATION OF COMMUNITY NEEDS- In implementing air
cargo security requirements under this title, the Secretary may take
into consideration the extraordinary air transportation needs of small
or isolated communities and unique operational characteristics of
carriers that serve those communities.'.
(b) ASSESSMENT OF INDIRECT AIR CARRIER PROGRAM- The
Secretary of Homeland Security shall assess the security aspects of the
indirect air carrier program under part 1548 of title 49, Code of
Federal Regulations, and report the result of the assessment, together
with any recommendations for necessary modifications of the program to
the Senate Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Transportation and Infrastructure
within 60 days after the date of enactment of this Act. The Secretary
may submit the report and recommendations in classified form.
(c) REPORT TO CONGRESS ON RANDOM AUDITS- The Secretary of
Homeland Security shall report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on random screening, audits, and
investigations of air cargo security programs based on threat
assessments and other relevant information. The report may be submitted
in classified form.
(d) CONFORMING AMENDMENT- The chapter analysis for chapter
449 of title 49, United States Code, as amended by section 3, is
amended by adding at the end the following:
`44926. Air cargo security'.
SEC. 505. TRAINING PROGRAM FOR CARGO HANDLERS.
The Secretary of Homeland Security shall establish a
training program for any persons that handle air cargo to ensure that
the cargo is properly handled and safe-guarded from security breaches.
SEC. 506. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.
(a) IN GENERAL- The Secretary of Homeland Security shall
establish a program requiring that air carriers operating all-cargo
aircraft have an approved plan for the security of their air operations
area, the cargo placed aboard such aircraft, and persons having access
to their aircraft on the ground or in flight.
(b) PLAN REQUIREMENTS- The plan shall include provisions for--
(1) security of each carrier's air operations areas and cargo acceptance areas at the airports served;
(2) background security checks for all employees with access to the air operations area;
(3) appropriate training for all employees and contractors with security responsibilities;
(4) appropriate screening of all flight crews and persons transported aboard all-cargo aircraft;
(5) security procedures for cargo placed on all-cargo
aircraft as provided in section 44901(f)(1)(B) of title 49, United
States Code; and
(6) additional measures deemed necessary and appropriate by the Secretary.
(c) Confidential Industry Review and Comment-
(1) CIRCULATION OF PROPOSED PROGRAM- The Secretary shall--
(A) propose a program under subsection (a) within 90 days after the date of enactment of this Act; and
(B) distribute the proposed program, on a
confidential basis, to those air carriers and other employers to which
the program will apply.
(2) COMMENT PERIOD- Any person to which the proposed
program is distributed under paragraph (1) may provide comments on the
proposed program to the Secretary not more than 60 days after it was
received.
(3) FINAL PROGRAM- The Secretary of Homeland Security
shall issue a final program under subsection (a) not later than 90 days
after the last date on which comments may be provided under paragraph
(2). The final program shall contain time frames for the plans to be
implemented by each air carrier or employer to which it applies.
(4) SUSPENSION OF PROCEDURAL NORMS- Neither chapter 5
of title 5, United States Code, nor the Federal Advisory Committee Act
(5 U.S.C. App.) shall apply to the program required by this section.
SEC. 507. PASSENGER IDENTIFICATION VERIFICATION.
(a) PROGRAM REQUIRED- The Secretary of Homeland Security
may establish and carry out a program to require the installation and
use at airports in the United States of the identification verification
technologies the Secretary considers appropriate to assist in the
screening of passengers boarding aircraft at such airports.
(b) TECHNOLOGIES EMPLOYED- The identification verification
technologies required as part of the program under subsection (a) may
include identification scanners, biometrics, retinal, iris, or facial
scanners, or any other technologies that the Secretary considers
appropriate for purposes of the program.
(c) COMMENCEMENT- If the Secretary determines that the
implementation of such a program is appropriate, the installation and
use of identification verification technologies under the program shall
commence as soon as practicable after the date of that determination.
TITLE VI--AVIATION SECURITY
SEC. 601. IMPROVED PILOT LICENSES.
(a) IN GENERAL- Within 90 days after the date of enactment
of this Act, the Federal Aviation Administrator may develop a system
for the issuance of any pilot's license issued more than 180 days after
the date of enactment of this Act that--
(1) are resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the license is issued; and
(3) are capable of accommodating a digital photograph,
a biometric measure, or other unique identifier that provides a means
of--
(A) ensuring its validity; and
(B) revealing whether any component or security feature of the license has been compromised.
(b) USE OF DESIGNEES- The Administrator of the Federal
Aviation Administration may use designees to carry out subsection (a)
to the extent feasible in order to minimize the burden of such
requirements on pilots.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Administrator for fiscal year 2005,
$50,000,000 to carry out subsection (a).
SEC. 602. AIRCRAFT CHARTER CUSTOMER PRESCREENING.
(a) IN GENERAL- Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the Secretary of
Homeland Security shall establish a process by which operators of
charter aircraft with a maximum takeoff weight of greater than 12,500
pounds may--
(1) request the Transportation Security Administration
to compare information about any individual seeking to charter an
aircraft, and any passengers proposed to be transported aboard the
aircraft, with a comprehensive, consolidated database or watchlist
containing information about known or suspected terrorists and their
associates; and
(2) refuse to charter an aircraft to or transport aboard such aircraft any persons identified on such database or watchlist.
(b) PRIVACY SAFEGUARDS- The Secretary shall take appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of
chartering aircraft other than whether an individual compared against
government watchlists constitutes a flight security or terrorism risk;
and
(2) an individual denied access to an aircraft is given
an opportunity to consult the Transportation Security Administration
for the purpose of correcting mis-identification errors, resolve
confusion resulting from names that are the same as or similar to names
on available government watchlists, and address other information that
is alleged to be erroneous, that may have resulted in the denial.
(c) TRANSFER- The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any appropriate
government watchlists under this section from persons engaged in the
business of chartering air carriers to the public to the Secretary.
(d) AUTHORITY OF THE SECRETARY- Nothing in this section
precludes the Secretary from requiring operators of charter aircraft to
comply with security procedures, including those established under
subsection (a), if the Secretary determines that such a requirement is
necessary based on threat conditions.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary such sums as may be necessary to
carry out the provisions of this section.
SEC. 603. AIRCRAFT RENTAL CUSTOMER PRESCREENING.
(a) IN GENERAL- Within 1 year after the date of enactment
of this Act, or as soon as practicable thereafter, the Secretary of
Homeland Security shall establish a process by which operators of
rental aircraft with a maximum takeoff weight of greater than 12,500
pounds may--
(1) request the Transportation Security Administration
to compare information about any individual seeking to rent an
aircraft, and any passengers proposed to be transported aboard the
aircraft, with a comprehensive, consolidated database or watchlist
containing information about known or suspected terrorists and their
associates; and
(2) refuse to rent an aircraft to or transport aboard such aircraft any persons identified on such database or watchlist.
(b) PRIVACY SAFEGUARDS- The Secretary shall take appropriate measures to ensure that--
(1) the Transportation Security Administration does not
disclose information to any person engaged in the business of renting
aircraft other than whether an individual compared against government
watchlists constitutes a flight security or terrorism risk; and
(2) an individual denied access to an aircraft is given
an opportunity to consult the Transportation Security Administration
for the purpose of correcting mis-identification errors, resolve
confusion resulting from names that are the same as or similar to names
on available government watchlists, and address other information that
is alleged to be erroneous, that may have resulted in the denial.
(c) TRANSFER- The Secretary shall assess procedures to
transfer responsibility for conducting reviews of any appropriate
government watchlists under this section from persons engaged in the
business of renting aircraft to the public to the Secretary.
(d) AUTHORITY OF THE SECRETARY- Nothing in this section
precludes the Secretary from requiring operators of rental aircraft to
comply with security procedures, including those established under
subsection (a), if the Secretary determines that such a requirement is
necessary based on threat conditions.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary such sums as may be necessary to
carry out the provisions of this section.
SEC. 604. REPORT ON RENTAL AND CHARTER CUSTOMER PRESCREENING PROCEDURES.
(a) IN GENERAL- Within 12 months after the date of
enactment of this Act, the Secretary of Homeland Security shall
transmit a report to Congress on the feasibility of extending the
requirements of section --02, section --03, or both sections to apply
to aircraft with a maximum certificated takeoff weight of 12,500 pounds
or less.
(b) ISSUES ADDRESSED- The report shall--
(1) examine the technology and communications systems needed to carry out such procedures;
(2) provide an analysis of the risks posed by such aircraft; and
(3) examine the operational impact of proposed
procedures on the commercial viability of that segment of charter and
rental aviation operations.
SEC. 605. AVIATION SECURITY STAFFING.
(a) Staffing Level Standards-
(1) DEVELOPMENT OF STANDARDS- Within 90 days after the
date of enactment of this Act, the Secretary of Homeland Security, in
consultation with the Secretary of Transportation and Federal Security
Directors, shall develop standards for determining the appropriate
aviation security staffing standards for all commercial airports in the
United States necessary--
(A) to provide necessary levels of aviation security; and
(B) to ensure that the average aviation security-related delay experienced by airline passengers is minimized.
(2) GAO ANALYSIS- The Comptroller General shall, as
soon as practicable after the date on which the Secretary of Homeland
Security has developed standards under paragraph (1), conduct an
expedited analysis of the standards for effectiveness,
administrability, ease of compliance, and consistency with the
requirements of existing law.
(3) REPORT TO CONGRESS- Within 120 days after the date
of enactment of this Act, the Secretary of Homeland Security and the
Comptroller General shall transmit a report to the Senate Committee on
Commerce, Science, and Transportation and the House of Representatives
Committee on Transportation and Infrastructure on the standards
developed under paragraph (1), together with recommendations for
further improving the efficiency and effectiveness of the screening
process, including the use of maximum time delay goals of no more than
10 minutes on the average.
(b) INTEGRATION OF FEDERAL AIRPORT WORKFORCE AND AVIATION
SECURITY- The Secretary of Homeland Security shall conduct a study of
the feasibility of combining operations of Federal employees involved
in screening at commercial airports and aviation security related
functions under the aegis of the Department of Homeland Security in
order to coordinate security-related activities, increase the
efficiency and effectiveness of those activities, and increase
commercial air transportation security.
SEC. 606. IMPROVED AIR CARGO AND AIRPORT SECURITY.
(a) IN GENERAL- There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the Transportation
Security Administration, in addition to any amounts otherwise
authorized by law, for the purpose of improving aviation security
related to the transportation of cargo on both passenger aircraft and
all-cargo aircraft--
(1) $200,000,000 for fiscal year 2005;
(2) $200,000,000 for fiscal year 2006; and
(3) $200,000,000 for fiscal year 2007.
(b) Next-Generation Cargo Security Grant Program-
(1) IN GENERAL- The Secretary shall establish and carry
out a grant program to facilitate the development, testing, purchase,
and deployment of next-generation air cargo security technology. The
Secretary shall establish such eligibility criteria, establish such
application and administrative procedures, and provide for such
matching funding requirements, if any, as may be necessary and
appropriate to ensure that the technology is deployed as fully and as
rapidly as practicable.
(2) RESEARCH AND DEVELOPMENT; DEPLOYMENT- To carry out
paragraph (1), there are authorized to be appropriated to the Secretary
for research and development related to next-generation air cargo
security technology as well as for deployment and installation of
next-generation air cargo security technology, such sums are to remain
available until expended--
(A) $100,000,000 for fiscal year 2005;
(B) $100,000,000 for fiscal year 2006; and
(C) $100,000,000 for fiscal year 2007.
(c) Authorization for Expiring and New LOIs-
(1) IN GENERAL- There are authorized to be appropriated
to the Secretary $150,000,000 for each of fiscal years 2005 through
2007 to fund projects and activities for which letters of intent are
issued under section 44923 of title 49, United States Code, after the
date of enactment of this Act.
(2) PERIOD OF REIMBURSEMENT- Notwithstanding any other
provision of law, the Secretary may provide that the period of
reimbursement under any letter of intent may extend for a period not to
exceed 10 years after the date that the Secretary issues such letter,
subject to the availability of appropriations. This paragraph applies
to letters of intent issued under section 44923 of title 49, United
States Code, or section 367 of the Department of Transportation and
Related Agencies Appropriation Act, 2003 (49 U.S.C. 47110 note).
(d) REPORTS- The Secretary shall transmit an annual report
for fiscal year 2005, fiscal year 2006, and fiscal year 2007 to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure on--
(1) the progress being made toward, and the status of,
deployment and installation of next-generation air cargo security
technology under subsection (b); and
(2) the amount and purpose of grants under subsection (b) and the locations of projects funded by such grants.
SEC. 607. AIR CARGO SECURITY MEASURES.
(a) ENHANCEMENT OF AIR CARGO SECURITY- The Secretary of
Homeland Security, in consultation with the Secretary of
Transportation, shall develop and implement a plan to enhance air cargo
security at airports for commercial passenger and cargo aircraft that
incorporates the recommendations made by the Cargo Security Working
Group of the Aviation Security Advisory Committee.
(b) SUPPLY CHAIN SECURITY- The Administrator of the Transportation Security Administration shall--
(1) promulgate regulations requiring the evaluation of
indirect air carriers and ground handling agents, including background
checks and checks against all Administration watch lists; and
(2) evaluate the potential efficacy of increased use of
canine detection teams to inspect air cargo on passenger and all-cargo
aircraft, including targeted inspections of high risk items.
(c) INCREASED CARGO INSPECTIONS- Within 1 year after the
date of enactment of this Act, the Secretary of Homeland Security shall
require that the percentage of cargo screened or inspected is at least
two-fold the percentage that is screened or inspected as of September
30, 2004.
(c) ALL-CARGO AIRCRAFT SECURITY- Subchapter I of chapter
449, United States Code, is amended by adding at the end the following:
`Sec. 44925. All-cargo aircraft security
`(a) ACCESS TO FLIGHT DECK- Within 180 days after the date
of enactment of this Act, the Administrator of the Transportation
Security Administration, in coordination with the Federal Aviation
Administrator, shall--
`(1) issue an order (without regard to the provisions of chapter 5 of title 5)--
`(A) requiring, to the extent consistent with
engineering and safety standards, that all-cargo aircraft operators
engaged in air transportation or intrastate air transportation maintain
a barrier, which may include the use of a hardened cockpit door,
between the aircraft flight deck and the aircraft cargo compartment
sufficient to prevent unauthorized access to the flight deck from the
cargo compartment, in accordance with the terms of a plan presented to
and accepted by the Administrator of the Transportation Security
Administration in consultation with the Federal Aviation Administrator;
and
`(B) prohibiting the possession of a key to a
flight deck door by any member of the flight crew who is not assigned
to the flight deck; and
`(2) take such other action, including modification of
safety and security procedures and flight deck redesign, as may be
necessary to ensure the safety and security of the flight deck.
`(b) SCREENING AND OTHER MEASURES- Within 1 year after the
date of enactment of this Act, the Administrator of the Transportation
Security Administration, in coordination with the Federal Aviation
Administrator, shall issue an order (without regard to the provisions
of chapter 5 of title 5) requiring--
`(1) all-cargo aircraft operators engaged in air
transportation or intrastate air transportation to physically screen
each person, and that person's baggage and personal effects, to be
transported on an all-cargo aircraft engaged in air transportation or
intrastate air transportation;
`(2) each such aircraft to be physically searched
before the first leg of the first flight of the aircraft each day, or,
for inbound international operations, at aircraft operator's option
prior to the departure of any such flight for a point in the United
States; and
`(3) each such aircraft that is unattended overnight to
be secured or sealed or to have access stairs, if any, removed from the
aircraft.
`(c) ALTERNATIVE MEASURES- The Administrator of the
Transportation Security Administration, in coordination with the
Federal Aviation Administrator, may authorize alternative means of
compliance with any requirement imposed under this section.'.
(d) CONFORMING AMENDMENT- The subchapter analysis for
subchapter I of chapter 449, United States Code, is amended by adding
at the end the following:
`44925. All-cargo aircraft security.'.
SEC. 608. EXPLOSIVE DETECTION SYSTEMS.
(a) IN-LINE PLACEMENT OF EXPLOSIVE-DETECTION EQUIPMENT-
Within 180 days after the date of enactment of this Act, the Secretary
of Homeland Security shall
establish a schedule for replacing trace-detection equipment used
for in-line baggage screening purposes as soon as practicable where
appropriate with explosive detection system equipment. The Secretary
shall notify the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure of the schedule and provide an
estimate of the impact of replacing such equipment, facility
modification and baggage conveyor placement, on aviation
security-related staffing needs and levels.
(b) NEXT GENERATION EDS- There are authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $100,000,000, in addition to any
amounts otherwise authorized by law, for the purpose of research and
development of next generation explosive detection systems for aviation
security under section 44913 of title 49, United States Code. The
Secretary shall develop a plan and guidelines for implementing improved
explosive detection system equipment.
(c) PORTAL DETECTION SYSTEMS- There are authorized to be
appropriated to the Secretary of Homeland Security for the use of the
Transportation Security Administration $250,000,000, in addition to any
amounts otherwise authorized by law, for research and development and
installation of portal detection systems or similar devices for the
detection of biological, radiological, and explosive materials. The
Secretary of Homeland Security shall establish a pilot program at not
more than 10 commercial service airports to evaluate the use of such
systems.
(d) REPORTS- The Secretary shall transmit an annual report
to the Senate Committee on Commerce, Science, and Transportation and
the House of Representatives Committee on Transportation and
Infrastructure on research and development projects funded under
subsection (b) or (c), and the pilot program established under
subsection (c), including cost estimates for each phase of such
projects and total project costs.
SEC. 609. AIR MARSHAL PROGRAM.
(a) CROSS-TRAINING- The Secretary of Homeland Security
shall transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on
Transportation and Infrastructure a report on the potential for
cross-training of individuals who serve as air marshals and on the need
for providing contingency funding for air marshal operations.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS- There are
authorized to be appropriated to the Secretary of Homeland Security for
the use of Inspections and Customs Enforcement, in addition to any
amounts otherwise authorized by law, for the deployment of Federal Air
Marshals under section 44917 of title 49, United States Code,
$83,000,000 for the 3 fiscal year period beginning with fiscal year
2005, such sums to remain available until expended.
SEC. 610. TSA-RELATED BAGGAGE CLAIM ISSUES STUDY.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security, in consultation with the Secretary of
Transportation, shall transmit to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure a report on the present system for
addressing lost, stolen, damaged, or pilfered baggage claims relating
to air transportation security screening procedures. The report shall
include--
(1) information concerning the time it takes to settle such claims under the present system;
(2) a comparison and analysis of the number, frequency,
and nature of such claims before and after enactment of the Aviation
and Transportation Security Act using data provided by the major United
States airlines; and
(3) recommendations on how to improve the involvement
and participation of the airlines in the baggage screening and handling
processes and better coordinate the activities of Federal baggage
screeners with airline operations.
SEC. 611. REPORT ON IMPLEMENTATION OF GAO HOMELAND SECURITY INFORMATION SHARING RECOMMENDATIONS.
Within 30 days after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the heads of
Federal departments and agencies concerned, shall transmit to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Transportation and Infrastructure a
report on implementation of recommendations contained in the General
Accounting Office's report titled `Homeland Security: Efforts To
Improve Information Sharing Need To Be Strengthened' (GAO-03-760),
August, 2003.
SEC. 612. AVIATION SECURITY RESEARCH AND DEVELOPMENT.
(a) BIOMETRICS- There are authorized to be appropriated to
the Secretary of Homeland Security for the use of the Transportation
Security Administration $20,000,000, in addition to any amounts
otherwise authorized by law, for research and development of biometric
technology applications to aviation security.
(b) BIOMETRICS CENTERS OF EXCELLENCE- There are authorized
to be appropriated to the Secretary of Homeland Security for the use of
the Transportation Security Administration $1,000,000, in addition to
any amounts otherwise authorized by law, for the establishment of
competitive centers of excellence at the national laboratories.
SEC. 613. PERIMETER ACCESS TECHNOLOGY.
There are authorized to be appropriated to the Secretary of
Homeland Security $100,000,000 for airport perimeter security
technology, fencing, security contracts, vehicle tagging, and other
perimeter security related operations, facilities, and equipment, such
sums to remain available until expended.
SEC. 614. BEREAVEMENT FARES.
(a) IN GENERAL- Chapter 415 of title 49, United States Code, is amended by adding at the end the following:
`Sec. 41512. Bereavement fares.
`Air carriers shall offer, with appropriate documentation,
bereavement fares to the public for air transportation in connection
with the death of a relative or other relationship (as determined by
the air carrier) and shall make such fares available, to the greatest
extent practicable, at the lowest fare offered by the air carrier for
the flight for which the bereavement fare is requested.'.
(b) CONFORMING AMENDMENT- The chapter analysis for chapter
415 is amended by inserting after the item relating to section 41511
the following:
`41512. Bereavement fares'.
SEC. 615. REVIEW AND REVISION OF PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Transportation Security Administration shall complete a review
of its Prohibited Items List, set forth in 49 C.F.R. 1540, and release
a revised list that--
(1) prohibits passengers from carrying butane lighters onboard passenger aircraft; and
(2) modifies the Prohibited Items List in such other ways as the agency may deem appropriate.
SEC. 616. REPORT ON PROTECTING COMMERCIAL AIRCRAFT FROM THE THREAT OF MAN-PORTABLE AIR DEFENSE SYSTEMS.
(a) REQUIREMENT- The Secretary of Homeland Security, in
coordination with the head of the Transportation Security
Administration and the Under Secretary for Science and Technology,
shall prepare a report on protecting commercial aircraft from the
threat of man-portable air defense systems (referred to in this section
as `MANPADS').
(b) CONTENT- The report required by subsection (a) shall include the following:
(1) An estimate of the number of organizations,
including terrorist organizations, that have access to MANPADS and a
description of the risk posed by each organization.
(2) A description of the programs carried out by the
Secretary of Homeland Security to protect commercial aircraft from the
threat posed by MANPADS.
(3) An assessment of the effectiveness and feasibility
of the systems to protect commercial aircraft under consideration by
the Under Secretary for Science and Technology for use in phase II of
the counter-MANPADS development and demonstration program.
(4) A justification for the schedule of the
implementation of phase II of the counter-MANPADS development and
demonstration program.
(5) An assessment of the effectiveness of other
technology that could be employed on commercial aircraft to address the
threat posed by MANPADS, including such technology that is--
(A) either active or passive;
(B) employed by the Armed Forces; or
(C) being assessed or employed by other countries.
(6) An assessment of alternate technological approaches to address such threat, including ground-based systems.
(7) A discussion of issues related to any contractor
liability associated with the installation or use of technology or
systems on commercial aircraft to address such threat.
(8) A description of the strategies that the Secretary
may employ to acquire any technology or systems selected for use on
commercial aircraft at the conclusion of phase II of the
counter-MANPADS development and demonstration program, including--
(A) a schedule for purchasing and installing such technology or systems on commercial aircraft; and
(i) the priority in which commercial aircraft will be equipped with such technology or systems;
(ii) any efforts to coordinate the schedules for installing such technology or system with private airlines;
(iii) any efforts to ensure that aircraft manufacturers integrate such technology or systems into new aircraft; and
(iv) the cost to operate and support such technology or systems on a commercial aircraft.
(9) A description of the plan to expedite the use of
technology or systems on commercial aircraft to address the threat
posed by MANPADS if intelligence or events indicate that the schedule
for the use of such technology or systems, including the schedule for
carrying out development and demonstration programs by the Secretary,
should be expedited.
(10) A description of the efforts of the Secretary to
survey and identify the areas at domestic and foreign airports where
commercial aircraft are most vulnerable to attack by MANPADS.
(11) A description of the cooperation between the
Secretary and the Administrator of the Federal Aviation Administration
to certify the airworthiness and safety of technology and systems to
protect commercial aircraft from the risk posed by MANPADS in an
expeditious manner.
(c) TRANSMISSION TO CONGRESS- The report required by
subsection (a) shall be transmitted to Congress along with the budget
for fiscal year 2006 submitted by the President pursuant to section
1105(a) of title 31, United States Code.
SEC. 617. SCREENING DEVICES TO DETECT CHEMICAL AND PLASTIC EXPLOSIVES.
Not later than 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall provide to the Senate
Committee on Commerce, Science, and Transportation a report on the
current status of efforts, and the additional needs, regarding
passenger and carry-on baggage screening equipment at United States
airports to detect explosives, including in chemical and plastic forms.
The report shall include the cost of and timetable for installing such
equipment and any recommended legislative actions.
SEC. 618. REPORTS ON THE FEDERAL AIR MARSHALS PROGRAM.
Not later than 90 days after the date of enactment of this
Act, and every 90 days thereafter, the Secretary of Homeland Security
shall provide to the Senate Committee on Commerce, Science, and
Transportation a classified report on the number of individuals serving
only as sworn Federal air marshals. Such report shall include the
number of Federal air marshals who are women, minorities, or employees
of departments or agencies of the United States Government other than
the Department of Homeland Security, the percentage of domestic and
international flights that have a Federal air marshal aboard, and the
rate at which individuals are leaving service as Federal air marshals.
SEC. 619. SECURITY OF AIR MARSHAL IDENTITY.
(a) IN GENERAL- The Secretary of the Department of Homeland
Security shall designate individuals and parties to whom Federal air
marshals shall be required to identify themselves.
(b) PROHIBITION- Notwithstanding any other provision of
law, no procedure, guideline, rule, regulation, or other policy shall
expose the identity of an air marshal to anyone other than those
designated by the Secretary under subsection (a).
SEC. 620. SECURITY MONITORING CAMERAS FOR AIRPORT BAGGAGE HANDLING AREAS.
(a) IN GENERAL- The Under Secretary of Homeland Security
for Border Transportation and Security shall provide assistance,
subject to the availability of funds, to public airports that have
baggage handling areas that are not open to public view in the
acquisition and installation of security monitoring cameras for
surveillance of such areas in order to deter theft from checked baggage
and to aid in the speedy resolution of liability claims against the
Transportation Security Administration.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary of Homeland Security for fiscal
year 2005 such sums as may be necessary to carry out this section, such
sums to remain available until expended.
SEC. 621. EFFECTIVE DATE.
Notwithstanding any other provision of this act, this title takes effect on the date of enactment of this Act.
TITLE VII--OTHER MATTERS
SEC. 701. 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 VISA SCREENING-
(1) IMMIGRANT VISAS- Subsection (b) of section 222 of
the Immigration and Nationality Act (8 U.S.C. 1202) is amended by
adding at the end the following: `All immigrant visa applications shall
be reviewed and adjudicated by a consular officer.'.
(2) NONIMMIGRANT VISAS- Subsection (d) of such section
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) REQUIREMENT FOR SPECIALIST-
(A) IN GENERAL- Not later than July 31, 2005, the
Secretary of State shall, in coordination with the Secretary of
Homeland Security, identify the diplomatic and consular posts at which
visas are issued that experience the greatest frequency of presentation
of fraudulent documents by visa applicants. The Secretary of State
shall assign or designate at 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.
(B) EXCEPTIONS- The Secretary of State is not
required to assign or designate a specialist as described in
subparagraph (A) at a diplomatic and consular post if an employee of
the Department of Homeland Security is assigned on a full-time basis to
such post under the authority in section 428 of the Homeland Security
Act of 2002 (6 U.S.C. 236).
SEC. 702. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, increase by not less than 1,000 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 made available during the preceding fiscal year. Of
the additional border patrol agents, in each fiscal year not less than
20 percent of such agents shall be assigned to duty stations along the
northern border of the United States.
SEC. 703. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
In each of fiscal years 2006 through 2010, the Secretary of
Homeland Security shall, subject to the availability of appropriations
for such purpose, 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 made available during the preceding fiscal year.
TITLE VIII--VISA REQUIREMENTS
SEC. 801. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) REQUIREMENT FOR INTERVIEWS- Section 222 of the
Immigration and Nationality Act (8 U.S.C. 1202) is amended by adding at
the end the following new subsection:
`(h) Notwithstanding any other provision of this Act, the
Secretary of State shall require every alien applying for a
nonimmigrant visa--
`(1) who is at least 12 years of age and not more than
65 years of age to submit to an in person interview with a consular
officer unless the requirement for such interview is waived--
`(A) by a consular official and such alien is
within that class of nonimmigrants enumerated in section 101(a)(15)(A)
or 101(a)(15)(G) or is granted a diplomatic visa on a diplomatic
passport or on the equivalent thereof;
`(B) by a consular official and such alien is applying for a visa--
`(i) not more than 12 months after the date on which the alien's prior visa expired;
`(ii) for the classification under section 101(a)(15) for which such prior visa was issued;
`(iii) from the consular post located in the country in which the alien is a national; and
`(iv) the consular officer has no indication
that the alien has not complied with the immigration laws and
regulations of the United States; or
`(C) by the Secretary of State if the Secretary determines that such waiver is--
`(i) in the national interest of the United States; or
`(ii) necessary as a result of unusual circumstances; and
`(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien--
`(A) is not a national of the country in which the alien is applying for a visa;
`(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
`(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State);
`(D) may not obtain a visa until a security
advisory opinion or other Department of State clearance is issued
unless such alien is--
`(i) within that class of nonimmigrants enumerated in section 101(a)(15)(A) or 101(a)(15)(G); and
`(ii) not a national of a country that is officially designated by the Secretary of State as a state sponsor of terrorism; or
`(E) is identified as a member of a group or sector that the Secretary of State determines--
`(i) poses a substantial risk of submitting inaccurate information in order to obtain a visa;
`(ii) has historically had visa applications denied at a rate that is higher than the average rate of such denials; or
`(iii) poses a security threat to the United States.'.
SEC. 802. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8
U.S.C. 1202(c)) is amended by inserting `The alien shall provide
complete and accurate information in response to any request for
information contained in the application.' after the second sentence.
SEC. 803. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this
Act, this title shall take effect 90 days after date of the enactment
of this Act.
TITLE IX--ADVANCED TECHNOLOGY NORTHERN BORDER SECURITY PILOT PROGRAM
SEC. 901. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot
program to test various advanced technologies that will improve border
security between ports of entry along the northern border of the United
States.
SEC. 902. PROGRAM REQUIREMENTS.
(a) REQUIRED FEATURES- The Secretary of Homeland Security
shall design the pilot program under this title to have the following
features:
(1) Use of advanced technological systems, including sensors, video, and unmanned aerial vehicles, for border surveillance.
(2) Use of advanced computing and decision integration software for--
(A) evaluation of data indicating border incursions;
(B) assessment of threat potential; and
(C) rapid real-time communication, monitoring, intelligence gathering, deployment, and response.
(3) Testing of advanced technology systems and software
to determine best and most cost-effective uses of advanced technology
to improve border security.
(4) Operation of the program in remote stretches of
border lands with long distances between 24-hour ports of entry with a
relatively small presence of United States border patrol officers.
(5) Capability to expand the program upon a
determination by the Secretary that expansion would be an appropriate
and cost-effective means of improving border security.
(b) COORDINATION WITH OTHER AGENCIES- The Secretary of
Homeland Security shall ensure that the operation of the pilot program
under this title--
(1) is coordinated among United States, State and local, and Canadian law enforcement and border security agencies; and
(2) includes ongoing communication among such agencies.
SEC. 903. ADMINISTRATIVE PROVISIONS.
(a) PROCUREMENT OF ADVANCED TECHNOLOGY- The Secretary of
Homeland Security may enter into contracts for the procurement or use
of such advanced technologies as the Secretary determines appropriate
for the pilot program under this title.
(b) PROGRAM PARTNERSHIPS- In carrying out the pilot
program, the Secretary of Homeland Security may provide for the
establishment of cooperative arrangements for participation in the
pilot program by such participants as law enforcement and border
security agencies referred to in section 402(b), institutions of higher
education, and private sector entities.
SEC. 904. REPORT.
(a) REQUIREMENT FOR REPORT- Not later than one year after
the date of the enactment of this Act, the Secretary of Homeland
Security shall submit to Congress a report on the pilot program under
this title.
(b) CONTENT- The report under subsection (a) shall include the following matters:
(1) A discussion of the implementation of the pilot program, including the experience under the pilot program.
(2) A recommendation regarding whether to expand the
pilot program along the entire northern border of the United States and
a timeline for the implementation of the expansion.
SEC. 905. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this title.
TITLE X--911 COMMISSION IMPLEMENTATION ACT OF 2004
Subtitle A--The Role of Diplomacy, Foreign Aid, and the Military in the War on Terrorism
SEC. 1001. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes the following
findings:
(1) Long-term success in the war on terrorism demands
the use of all elements of national power, including diplomacy,
military action, intelligence, covert action, law enforcement, economic
policy, foreign aid, public diplomacy, and homeland defense.
(2) To win the war on terrorism, the United States must
assign to economic and diplomatic capabilities the same strategic
priority that is assigned to military capabilities.
(3) The legislative and executive branches of the
Government of the United States must commit to robust, long-term
investments in all of the tools necessary for the foreign policy of the
United States to successfully accomplish the goals of the United States.
(4) The investments referred to in paragraph (3) will
require increased funding to United States foreign affairs programs in
general, and to priority areas as described in this title in particular.
SEC. 1002. TERRORIST SANCTUARIES.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Complex terrorist operations require locations that
provide such operations sanctuary from interference by government or
law enforcement personnel.
(2) A terrorist sanctuary existed in Afghanistan before September 11, 2001.
(3) The terrorist sanctuary in Afghanistan provided
direct and indirect value to members of al Qaeda who participated in
the terrorist attacks on the United States on September 11, 2001, and
in other terrorist operations.
(4) Terrorist organizations have fled to some of the least governed and most lawless places in the world to find sanctuary.
(5) During the 21st century, terrorists are focusing on remote regions and failing states as locations to seek sanctuary.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States Government should identify and
prioritize locations that are or that could be used as terrorist
sanctuaries;
(2) the United States Government should have a
realistic strategy that includes the use of all elements of national
power to keep possible terrorists from using a location as a sanctuary;
(3) the United States Government should reach out,
listen to, and work with countries in bilateral and multilateral fora
to prevent locations from becoming sanctuaries and to prevent
terrorists from using locations as sanctuaries; and
(4) regions of specific concern where United States
foreign assistance should be targeted to assist governments in efforts
to prevent the use of such regions as terrorist sanctuaries are South
Asia, Southeast Asia, West Africa, the Horn of Africa, North and North
Central Africa, the Arabian peninsula, Central and Eastern Europe, and
South America;
SEC. 1003. ROLE OF PAKISTAN IN COUNTERING TERRORISM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Government of Pakistan has a critical role to perform in the struggle against Islamist terrorism.
(2) The endemic poverty, widespread corruption, and
frequent ineffectiveness of government in Pakistan create opportunities
for Islamist recruitment.
(3) The poor quality of education in Pakistan is
particularly worrying, as millions of families send their children to
madrassahs, some of which have been used as incubators for violent
extremism.
(4) The vast unpoliced regions in Pakistan make the
country attractive to extremists seeking refuge and recruits and also
provide a base for operations against coalition forces in Afghanistan.
(5) A stable Pakistan, with a moderate, responsible
government that serves as a voice of tolerance in the Muslim world, is
critical to stability in the region.
(6) There is a widespread belief among the people of
Pakistan that the United States has long treated them as allies of
convenience.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States should make a long-term
commitment to fostering a stable and secure future in Pakistan, as long
as its leaders remain committed to combating extremists and extremism,
ending the proliferation of weapons of mass destruction, securing its
borders, and gaining internal control of all its territory while
pursuing policies that strengthen civil society, promote moderation and
advance socio-economic progress;
(2) Pakistan should make sincere efforts to transition
to democracy, enhanced rule of law, and robust civil institutions, and
United States policy toward Pakistan should promote such a transition;
(3) the United States assistance to Pakistan should be
maintained at the overall levels requested by the President for fiscal
year 2005;
(4) the United States should support the Government of
Pakistan with a comprehensive effort that extends from military aid to
support for better education;
(5) the United States Government should devote
particular attention and resources to assisting in the improvement of
the quality of education in Pakistan; and
(6) the Government of Pakistan should devote additional
resources of such Government to expanding and improving modern public
education in Pakistan.
SEC. 1004. AID TO AFGHANISTAN.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The United States and its allies in the
international community have made progress in promoting economic and
political reform within Afghanistan, including the establishment of a
central government with a democratic constitution, a new currency, and
a new army, the increase of personal freedom, and the elevation of the
standard of living of many Afghans.
(2) A number of significant obstacles must be overcome
if Afghanistan is to become a secure and prosperous democracy, and such
a transition depends in particular upon--
(A) improving security throughout the country;
(B) disarming and demobilizing militias;
(C) curtailing the rule of the warlords;
(D) promoting equitable economic development;
(E) protecting the human rights of the people of Afghanistan;
(F) holding elections for public office; and
(G) ending the cultivation and trafficking of narcotics.
(3) The United States and the international community
must make a long-term commitment to addressing the deteriorating
security situation in Afghanistan and the burgeoning narcotics trade,
endemic poverty, and other serious problems in Afghanistan in order to
prevent that country from relapsing into a sanctuary for international
terrorism.
(1) ACTIONS FOR AFGHANISTAN- It is the sense of
Congress that the Government of the United States should take, with
respect to Afghanistan, the following actions:
(A) Working with other nations to obtain long-term
security, political, and financial commitments and fulfillment of
pledges to the Government of Afghanistan to accomplish the objectives
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et
seq.), especially to ensure a secure, democratic, and prosperous
Afghanistan that respects the rights of its citizens and is free of
international terrorist organizations.
(B) Using the voice and vote of the United States
in relevant international organizations, including the North Atlantic
Treaty Organization and the United Nations Security Council, to
strengthen international commitments to assist the Government of
Afghanistan in enhancing security, building national police and
military forces, increasing counter-narcotics efforts, and expanding
infrastructure and public services throughout the country.
(C) Taking appropriate steps to increase the
assistance provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those agencies
in Afghanistan as necessary to support the increased assistance.
(2) REVISION OF AFGHANISTAN FREEDOM SUPPORT ACT OF
2002- It is the sense of Congress that Congress should, in consultation
with the President, update and revise, as appropriate, the Afghanistan
Freedom Support Act of 2002.
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated
to the President for each of the fiscal years 2005 through 2009 such
sums as may be necessary to provide assistance for Afghanistan, unless
otherwise authorized by Congress, for the following purposes:
(A) For development assistance under sections 103,
105, and 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a,
2151c, and 2151d).
(B) For children's health programs under the Child
Survival and Health Program Fund under section 104 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151b).
(C) For economic assistance under the Economic
Support Fund under chapter 4 of part II of the Foreign Assistance Act
of 1961 (22 U.S.C. 2346 et seq.).
(D) For international narcotics and law enforcement under section 481 of the Foreign Assistance Act of 1961 (22 U.S.C. 2291).
(E) For nonproliferation, anti-terrorism, demining, and related programs.
(F) For international military education and
training under section 541 of the Foreign Assistance Act of 1961 (22
U.S.C. 2347).
(G) For Foreign Military Financing Program grants under section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(H) For peacekeeping operations under section 551 of the Foreign Assistance Act of 1961 (22 U.S.C. 2348).
(2) CONDITIONS FOR ASSISTANCE- Assistance provided by the President under this subsection--
(A) shall be consistent with the Afghanistan Freedom Support Act of 2002; and
(B) shall be provided with reference to the
`Securing Afghanistan's Future' document published by the Government of
Afghanistan.
SEC. 1005. THE UNITED STATES-SAUDI ARABIA RELATIONSHIP.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Despite a long history of friendly relations with
the United States, Saudi Arabia has been a problematic ally in
combating Islamist extremism.
(2) Cooperation between the Governments of the United States and Saudi Arabia has traditionally been carried out in private.
(3) Counterterrorism cooperation between the
Governments of the United States and Saudi Arabia has improved
significantly since the terrorist bombing attacks in Riyadh, Saudi
Arabia, on May 12, 2003, especially cooperation to combat terror groups
operating inside Saudi Arabia.
(4) The Government of Saudi Arabia is now pursuing al
Qaeda within Saudi Arabia and has begun to take some modest steps
toward internal reform.
(5) Nonetheless, the Government of Saudi Arabia has
been at times unresponsive to United States requests for assistance in
the global war on Islamist terrorism.
(6) The Government of Saudi Arabia has not done all it
can to prevent nationals of Saudi Arabia from funding and supporting
extremist organizations in Saudi Arabia and other countries.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the problems in the relationship between the United
States and Saudi Arabia must be confronted openly, and the
opportunities for cooperation between the countries must be pursued
openly by those governments;
(2) both governments must build a relationship that
they can publicly defend and that is based on other national interests
in addition to their national interests in oil;
(3) this relationship should include a shared commitment to political and economic reform in Saudi Arabia;
(4) this relationship should also include a shared
interest in greater tolerance and respect for other cultures in Saudi
Arabia and a commitment to fight the violent extremists who foment
hatred in the Middle East; and
(5) the Government of Saudi Arabia must do all it can
to prevent nationals of Saudi Arabia from funding and supporting
extremist organizations in Saudi Arabia and other countries.
SEC. 1006. EFFORTS TO COMBAT ISLAMIST TERRORISM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While support for the United States has plummeted
in the Islamic world, many negative views are uninformed, at best, and,
at worst, are informed by coarse stereotypes and caricatures.
(2) Local newspapers in Islamic countries and
influential broadcasters who reach Islamic audiences through satellite
television often reinforce the idea that the people and Government of
the United States are anti-Muslim.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the Government of the United States should offer an
example of moral leadership in the world that includes a commitment to
treat all people humanely, abide by the rule of law, and be generous to
the people and governments of other countries;
(2) the United States should cooperate with governments
of Islamic countries to foster agreement on respect for human dignity
and opportunity, and to offer a vision of a better future that includes
stressing life over death, individual educational and economic
opportunity, widespread political participation, contempt for
indiscriminate violence, respect for the rule of law, openness in
discussing differences, and tolerance for opposing points of view;
(3) the United States should encourage reform, freedom,
democracy, and opportunity for Arabs and Muslims and promote moderation
in the Islamic world; and
(4) the United States should work to defeat extremist
ideology in the Islamic world by providing assistance to moderate Arabs
and Muslims to combat extremist ideas.
SEC. 1007. UNITED STATES POLICY TOWARD DICTATORSHIPS.
(a) FINDING- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that short-term gains enjoyed by the United States through cooperation
with repressive dictatorships have often been outweighed by long-term
setbacks for the stature and interests of the United States.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) United States foreign policy should promote the
value of life and the importance of individual educational and economic
opportunity, encourage widespread political participation, condemn
indiscriminate violence, and promote respect for the rule of law,
openness in discussing differences among people, and tolerance for
opposing points of view; and
(2) the United States Government must prevail upon the
governments of all predominantly Muslim countries, including those that
are friends and allies of the United States, to condemn indiscriminate
violence, promote the value of life, respect and promote the principles
of individual education and economic opportunity, encourage widespread
political participation, and promote the rule of law, openness in
discussing differences among people, and tolerance for opposing points
of view.
SEC. 1008. PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Although the United States has demonstrated and
promoted its values in defending Muslims against tyrants and criminals
in Somalia, Bosnia, Kosovo, Afghanistan, and Iraq, this message is not
always clearly presented and understood in the Islamic world.
(2) If the United States does not act to vigorously
define its message in the Islamic world, the image of the United States
will be defined by Islamic extremists who seek to demonize the United
States.
(3) Recognizing that many Arab and Muslim audiences
rely on satellite television and radio, the United States Government
has launched promising initiatives in television and radio broadcasting
to the Arab world, Iran, and Afghanistan.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States must do more to defend and
promote its values and ideals to the broadest possible audience in the
Islamic world;
(2) United States efforts to defend and promote these
values and ideals are beginning to ensure that accurate expressions of
these values reach large audiences in the Islamic world and should be
robustly supported;
(3) the United States Government could and should do more to engage the Muslim world in the struggle of ideas; and
(4) the United States Government should more
intensively employ existing broadcast media in the Islamic world as
part of this engagement.
(c) AUTHORIZATIONS OF APPROPRIATIONS- There are authorized
to be appropriated to the President for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out United States
Government broadcasting activities under the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1431 et seq.), the
United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (22
U.S.C. 6501 et seq.), and to carry out other activities under this
section consistent with the purposes of such Acts, unless otherwise
authorized by Congress.
SEC. 1009. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN THE ISLAMIC WORLD.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Exchange, scholarship, and library programs are
effective ways for the United States Government to promote
internationally the values and ideals of the United States.
(2) Exchange, scholarship, and library programs can
expose young people from other countries to United States values and
offer them knowledge and hope.
(b) SENSE OF CONGRESS- It is the sense of Congress that the
United States should expand its exchange, scholarship, and library
programs, especially those that benefit people in the Arab and Muslim
worlds.
(c) AUTHORITY TO EXPAND EDUCATIONAL AND CULTURAL EXCHANGES-
The President is authorized to substantially expand the exchange,
scholarship, and library programs of the United States, especially such
programs that benefit people in the Arab and Muslim worlds.
(d) AVAILABILITY OF FUNDS- Of the amounts authorized to be
appropriated for educational and cultural exchange programs in each of
the fiscal years 2005 through 2009, there is authorized to be made
available to the Secretary of State such sums as may be necessary to
carry out programs under this section, unless otherwise authorized by
Congress.
SEC. 1010. INTERNATIONAL YOUTH OPPORTUNITY FUND.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Education that teaches tolerance, the dignity and
value of each individual, and respect for different beliefs is a key
element in any global strategy to eliminate Islamist terrorism.
(2) Education in the Middle East about the world outside that region is weak.
(3) The United Nations has rightly equated literacy with freedom.
(4) The international community is moving toward
setting a concrete goal of reducing by half the illiteracy rate in the
Middle East by 2010, through the implementation of education programs
targeting women and girls and programs for adult literacy, and by other
means.
(5) To be effective, efforts to improve education in the Middle East must also include--
(A) support for the provision of basic education
tools, such as textbooks that translate more of the world's knowledge
into local languages and local libraries to house such materials; and
(B) more vocational education in trades and business skills.
(6) The Middle East can benefit from some of the same
programs to bridge the digital divide that already have been developed
for other regions of the world.
(b) INTERNATIONAL YOUTH OPPORTUNITY FUND-
(1) ESTABLISHMENT- The President shall establish an
International Youth Opportunity Fund to provide financial assistance
for the improvement of public education in the Middle East.
(2) INTERNATIONAL PARTICIPATION- The President shall
seek the cooperation of the international community in establishing and
generously supporting the Fund.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the President for the establishment of the
International Youth Opportunity Fund, in addition to any amounts
otherwise available for such purpose, such sums as may be necessary for
each of the fiscal years 2005 through 2009, unless otherwise authorized
by Congress.
SEC. 1011. THE USE OF ECONOMIC POLICIES TO COMBAT TERRORISM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While terrorism is not caused by poverty, breeding
grounds for terrorism are created by backward economic policies and
repressive political regimes.
(2) Policies that support economic development and
reform also have political implications, as economic and political
liberties are often linked.
(3) The United States is working toward creating a
Middle East Free Trade Area by 2013 and implementing a free trade
agreement with Bahrain, and free trade agreements exist between the
United States and Israel and the United States and Jordan.
(4) Existing and proposed free trade agreements between
the United States and Islamic countries are drawing interest from other
countries in the Middle East region, and Islamic countries can become
full participants in the rules-based global trading system, as the
United States considers lowering its barriers to trade with the poorest
Arab countries.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) a comprehensive United States strategy to counter
terrorism should include economic policies that encourage development,
open societies, and opportunities for people to improve the lives of
their families and to enhance prospects for their children's future;
(2) one element of such a strategy should encompass the
lowering of trade barriers with the poorest countries that have a
significant population of Arab or Muslim individuals;
(3) another element of such a strategy should encompass
United States efforts to promote economic reform in countries that have
a significant population of Arab or Muslim individuals, including
efforts to integrate such countries into the global trading system; and
(4) given the importance of the rule of law in
promoting economic development and attracting investment, the United
States should devote an increased proportion of its assistance to
countries in the Middle East to the promotion of the rule of law.
SEC. 1012. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to
be appropriated for each of the fiscal years 2005 through 2009 such
sums as may be necessary for the Middle East Partnership Initiative,
unless otherwise authorized by Congress.
(b) SENSE OF CONGRESS- It is the sense of Congress that,
given the importance of the rule of law and economic reform to
development in the Middle East, a significant portion of the funds
authorized to be appropriated under subsection (a) should be made
available to promote the rule of law in the Middle East.
SEC. 1013. COMPREHENSIVE COALITION STRATEGY FOR FIGHTING TERRORISM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Almost every aspect of the counterterrorism strategy of the United States relies on international cooperation.
(2) Since September 11, 2001, the number and scope of
United States Government contacts with foreign governments concerning
counterterrorism have expanded significantly, but such contacts have
often been ad hoc and not integrated as a comprehensive and unified
approach.
(b) INTERNATIONAL CONTACT GROUP ON COUNTERTERRORISM-
(1) SENSE OF CONGRESS- It is the sense of Congress that the President--
(A) should seek to engage the leaders of the
governments of other countries in a process of advancing beyond
separate and uncoordinated national counterterrorism strategies to
develop with those other governments a comprehensive coalition strategy
to fight Islamist terrorism; and
(B) to that end, should seek to establish an
international counterterrorism policy contact group with the leaders of
governments providing leadership in global counterterrorism efforts and
governments of countries with sizable Muslim populations, to be used as
a ready and flexible international means for discussing and
coordinating the development of important counterterrorism policies by
the participating governments.
(2) AUTHORITY- The President is authorized to establish
an international counterterrorism policy contact group with the leaders
of governments referred to in paragraph (1) for purposes as follows:
(A) To develop in common with such other countries
important policies and a strategy that address the various components
of international prosecution of the war on terrorism, including
policies and a strategy that address military issues, law enforcement,
the collection, analysis, and dissemination of intelligence, issues
relating to interdiction of travel by terrorists,
counterterrorism-related customs issues, financial issues, and issues
relating to terrorist sanctuaries.
(B) To address, to the extent (if any) that the
President and leaders of other participating governments determine
appropriate, such long-term issues as economic and political reforms
that can contribute to strengthening stability and security in the
Middle East.
SEC. 1014. TREATMENT OF FOREIGN PRISONERS.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Carrying out the global war on terrorism requires
the development of policies with respect to the detention and treatment
of captured international terrorists that are adhered to by all
coalition forces.
(2) Article 3 of the Convention Relative to the
Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST
3316) was specifically designed for cases in which the usual rules of
war do not apply, and the minimum standards of treatment pursuant to
such Article are generally accepted throughout the world as customary
international law.
(b) POLICY- The policy of the United States is as follows:
(1) It is the policy of the United States to treat all
foreign persons captured, detained, interned or otherwise held in the
custody of the United States (hereinafter `prisoners') humanely and in
accordance with standards that the United States would consider legal
if perpetrated by the enemy against an American prisoner.
(2) It is the policy of the United States that all
officials of the United States are bound both in wartime and in
peacetime by the legal prohibition against torture, cruel, inhuman or
degrading treatment.
(3) If there is any doubt as to whether prisoners are
entitled to the protections afforded by the Geneva Conventions, such
prisoners shall enjoy the protections of the Geneva Conventions until
such time as their status can be determined pursuant to the procedures
authorized by Army Regulation 190-8, Section 1-6.
(4) It is the policy of the United States to
expeditiously prosecute cases of terrorism or other criminal acts
alleged to have been committed by prisoners in the custody of the
United States Armed Forces at Guantanamo Bay, Cuba, in order to avoid
the indefinite detention of prisoners, which is contrary to the legal
principles and security interests of the United States.
(c) REPORTING- The Department of Defense shall submit to the appropriate congressional committees:
(1) A quarterly report providing the number of
prisoners who were denied Prisoner of War (POW) status under the Geneva
Conventions and the basis for denying POW status to each such prisoner.
(2) A report setting forth--
(A) the proposed schedule for military commissions to be held at Guantanamo Bay, Cuba; and
(B) the number of individuals currently held at
Guantanamo Bay, Cuba, the number of such individuals who are unlikely
to face a military commission in the next six months, and each reason
for not bringing such individuals before a military commission.
(3) All International Committee of the Red Cross
reports, completed prior to the enactment of this Act, concerning the
treatment of prisoners in United States custody at Guantanamo Bay,
Cuba, Iraq, and Afghanistan. Such ICRC reports should be provided, in
classified form, not later than 15 days after enactment of this Act.
(4) A report setting forth all prisoner interrogation techniques approved by officials of the United States.
(d) ANNUAL TRAINING REQUIREMENT- The Department of Defense
shall certify that all Federal employees and civilian contractors
engaged in the handling or interrogating of prisoners have fulfilled an
annual training requirement on the laws of war, the Geneva Conventions
and the obligations of the United States under international
humanitarian law.
(e) PROHIBITION ON TORTURE OR CRUEL, INHUMANE, OR DEGRADING TREATMENT OR PUNISHMENT-
(1) IN GENERAL- No prisoner shall be subject to torture
or cruel, inhumane, or degrading treatment or punishment that is
prohibited by the Constitution, laws, or treaties of the United States.
(2) RELATIONSHIP TO GENEVA CONVENTIONS- Nothing in this
section shall affect the status of any person under the Geneva
Conventions or whether any person is entitled to the protections of the
Geneva Conventions.
(f) RULES, REGULATIONS, AND GUIDELINES-
(1) REQUIREMENT- Not later than 180 days after the date
of the enactment of this Act, the Secretary and the Director shall
prescribe the rules, regulations, or guidelines necessary to ensure
compliance with the prohibition in subsection (e)(1) by all personnel
of the United States Government and by any person providing services to
the United States Government on a contract basis.
(2) REPORT TO CONGRESS- The Secretary and the Director
shall submit to Congress the rules, regulations, or guidelines
prescribed under paragraph (1), and any modifications to such rules,
regulations, or guidelines--
(A) not later than 30 days after the effective date of such rules, regulations, guidelines, or modifications; and
(B) in a manner and form that will protect the national security interests of the United States.
(g) REPORTS ON POSSIBLE VIOLATIONS-
(1) REQUIREMENT- The Secretary and the Director shall
each submit, on a timely basis and not less than twice each year, a
report to Congress on the circumstances surrounding any investigation
of a possible violation of the prohibition in subsection (e)(1) by
United States Government personnel or by a person providing services to
the United States Government on a contract basis.
(2) FORM OF REPORT- A report required under paragraph (1) shall be submitted in a manner and form that--
(A) will protect the national security interests of the United States; and
(B) will not prejudice any prosecution of an
individual involved in, or responsible for, a violation of the
prohibition in subsection (e)(1).
(h) REPORT ON A COALITION APPROACH TOWARD THE DETENTION AND
HUMANE TREATMENT OF CAPTURED TERRORISTS- Not later than 180 days after
the date of the enactment of this Act, the President shall submit to
Congress a report describing the efforts of the United States
Government to develop an approach toward the detention and humane
treatment of captured international terrorists that will be adhered to
by all countries that are members of the coalition against terrorism.
(i) DEFINITIONS- In this section:
(1) CRUEL, INHUMANE, OR DEGRADING TREATMENT OR
PUNISHMENT- The term `cruel, inhumane, or degrading treatment or
punishment' means the cruel, unusual, and inhumane treatment or
punishment prohibited by the fifth amendment, eighth amendment, or
fourteenth amendment to the Constitution.
(2) DIRECTOR- The term `Director' means the National Intelligence Director.
(3) GENEVA CONVENTIONS- The term `Geneva Conventions' means--
(A) the Convention for the Amelioration of the
Condition of the Wounded and Sick in Armed Forces in the Field, done at
Geneva August 12, 1949 (6 UST 3114);
(B) the Convention for the Amelioration of the
Condition of the Wounded, Sick, and Shipwrecked Members of Armed Forces
at Sea, done at Geneva August 12, 1949 (6 UST 3217);
(C) the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316); and
(D) the Convention Relative to the Protection of Civilian Persons in Time of War, done at Geneva August 12, 1949 (6 UST 3516).
(4) SECRETARY- The term `Secretary' means the Secretary of Defense.
(5) TORTURE- The term `torture' has the meaning given that term in section 2340 of title 18, United States Code.
SEC. 1015. PROLIFERATION OF WEAPONS OF MASS DESTRUCTION.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Al Qaeda and other terror groups have tried to acquire or make weapons of mass destruction since 1994 or earlier.
(2) The United States doubtless would be a prime target for use of any such weapon by al Qaeda.
(3) Although the United States Government has supported
the Cooperative Threat Reduction, Global Threat Reduction Initiative,
and other nonproliferation assistance programs, nonproliferation
experts continue to express deep concern about the adequacy of such
efforts to secure weapons of mass destruction and related materials
that still exist in Russia other countries of the former Soviet Union,
and around the world.
(4) The cost of increased investment in the prevention
of proliferation of weapons of mass destruction and related materials
is greatly outweighed by the potentially catastrophic cost to the
United States of the use of such weapons by terrorists.
(5) The Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance programs
are the United States primary method of preventing the proliferation of
weapons of mass destruction and related materials from Russia and the
states of the former Soviet Union, but require further expansion,
improvement, and resources.
(6) Better coordination is needed within the executive
branch of government for the budget development, oversight, and
implementation of the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance programs,
and critical elements of such programs are operated by the Departments
of Defense, Energy, and State.
(7) The effective implementation of the Cooperative
Threat Reduction, Global Threat Reduction Initiative, and other
nonproliferation assistance programs in the countries of the former
Soviet Union is hampered by Russian behavior and conditions on the
provision of assistance under such programs that are unrelated to
bilateral cooperation on weapons dismantlement.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) maximum effort to prevent the proliferation of
weapons of mass destruction and related materials, wherever such
proliferation may occur, is warranted;
(2) the Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance programs
should be expanded, improved, accelerated, and better funded to address
the global dimensions of the proliferation threat; and
(3) the Proliferation Security Initiative is an
important counterproliferation program that should be expanded to
include additional partners.
(c) COOPERATIVE THREAT REDUCTION, GLOBAL THREAT REDUCTION
INITIATIVE, AND OTHER NONPROLIFERATION ASSISTANCE PROGRAMS- In this
section, the term `Cooperative Threat Reduction, Global Threat
Reduction Initiative, and other nonproliferation assistance programs'
includes--
(1) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 50 U.S.C. 2362 note);
(2) the activities for which appropriations are
authorized by section 3101(a)(2) of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1742);
(3) the Department of State program of assistance to science centers;
(4) the Global Threat Reduction Initiative of the Department of Energy; and
(5) a program of any agency of the Federal Government
having the purpose of assisting any foreign government in preventing
nuclear weapons, plutonium, highly enriched uranium, or other materials
capable of sustaining an explosive nuclear chain reaction, or nuclear
weapons technology from becoming available to terrorist organizations.
(1) STRATEGY- Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress--
(A) a comprehensive strategy for expanding and
strengthening the Cooperative Threat Reduction, Global Threat Reduction
Initiative, and other nonproliferation assistance programs; and
(B) an estimate of the funding necessary to execute such strategy.
(2) PLAN- The strategy required by paragraph (1) shall
include a plan for securing the nuclear weapons and related materials
that are the most likely to be acquired or sought by, and susceptible
to becoming available to, terrorist organizations, including--
(A) a prioritized list of the most dangerous and vulnerable sites;
(B) measurable milestones for improving United States nonproliferation assistance programs;
(C) a schedule for achieving such milestones; and
(D) initial estimates of the resources necessary to achieve such milestones under such schedule.
SEC. 1016. FINANCING OF TERRORISM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) While efforts to designate and freeze the assets of
terrorist financiers have been relatively unsuccessful, efforts to
target the relatively small number of al Qaeda financial facilitators
have been valuable and successful.
(2) The death or capture of several important financial
facilitators has decreased the amount of money available to al Qaeda,
and has made it more difficult for al Qaeda to raise and move money.
(3) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to continue the
cycle of disruption.
(4) The United States Government has rightly recognized
that information about terrorist money helps in understanding terror
networks, searching them out, and disrupting their operations.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) a critical weapon in the effort to stop terrorist
financing should be the targeting of terrorist financial facilitators
by intelligence and law enforcement agencies; and
(2) efforts to track terrorist financing must be paramount in United States counter-terrorism efforts.
(c) REPORT ON TERRORIST FINANCING-
(1) IN GENERAL- Not later than 180 days after the date
of the enactment of this Act, the President shall submit to Congress a
report evaluating the effectiveness of United States efforts to curtail
the international financing of terrorism.
(2) CONTENTS- The report required by paragraph (1) shall evaluate and make recommendations on--
(A) the effectiveness of efforts and methods to the identification and tracking of terrorist financing;
(B) ways to improve multinational and international governmental cooperation in this effort;
(C) ways to improve the effectiveness of financial institutions in this effort;
(D) the adequacy of agency coordination, nationally
and internationally, including international treaties and compacts, in
this effort and ways to improve that coordination; and
(E) recommendations for changes in law and additional resources required to improve this effort.
SEC. 1017. REPORT TO CONGRESS.
(a) REQUIREMENT FOR REPORT- Not later than 180 days after
the date of the enactment of this Act, the President shall submit to
Congress a report on the activities of the Government of the United
States to carry out the provisions of this title.
(b) CONTENT- The report required under this section shall include the following:
(1) TERRORIST SANCTUARIES- A description of the
strategy of the United States to address and, where possible, eliminate
terrorist sanctuaries, including--
(A) a description of actual and potential terrorist
sanctuaries, together with an assessment of the priorities of
addressing and eliminating such sanctuaries;
(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;
(C) a description of efforts by the United States
Government to work with other countries in bilateral and multilateral
fora to address or eliminate actual or potential terrorist sanctuaries
and disrupt or eliminate the security provided to terrorists by such
sanctuaries; and
(D) a description of long-term goals and actions
designed to reduce the conditions that allow the formation of terrorist
sanctuaries, such as supporting and strengthening host governments,
reducing poverty, increasing economic development, strengthening civil
society, securing borders, strengthening internal security forces, and
disrupting logistics and communications networks of terrorist groups.
(2) SUPPORT FOR PAKISTAN- A description of the efforts
of the United States Government to support Pakistan and encourage
moderation in that country, including--
(A) an examination of the desirability of
establishing a Pakistan Education Fund to direct resources toward
improving the quality of secondary schools in Pakistan, and an
examination of the efforts of the Government of Pakistan to fund modern
public education;
(B) recommendations on the funding necessary to provide various levels of educational support;
(C) an examination of the current composition and
levels of United States military aid to Pakistan, together with any
recommendations for changes in such levels and composition that the
President considers appropriate; and
(D) an examination of other major types of United
States financial support to Pakistan, together with any recommendations
for changes in the levels and composition of such support that the
President considers appropriate.
(3) SUPPORT FOR AFGHANISTAN-
(A) SPECIFIC OBJECTIVES- A description of the
strategy of the United States to provide aid to Afghanistan during the
5-year period beginning on the date of enactment of this Act, including
a description of the resources necessary during the next 5 years to
achieve specific objectives in Afghanistan in the following areas:
(i) Fostering economic development.
(ii) Curtailing the cultivation of opium.
(iii) Achieving internal security and stability.
(iv) Eliminating terrorist sanctuaries.
(v) Increasing governmental capabilities.
(vi) Improving essential infrastructure and public services.
(vii) Improving public health services.
(viii) Establishing a broad-based educational system.
(ix) Promoting democracy and the rule of law.
(x) Building national police and military forces.
(B) PROGRESS- A description of--
(i) the progress made toward achieving the objectives described in clauses (i) through (x) of subparagraph (A); and
(ii) any shortfalls in meeting such objectives and the resources needed to fully achieve such objectives.
(4) COLLABORATION WITH SAUDI ARABIA- A description of
the strategy of the United States for expanding collaboration with the
Government of Saudi Arabia on subjects of mutual interest and of
importance to the United States, including a description of--
(A) the utility of the President undertaking a
periodic, formal, and visible high-level dialogue between senior United
States Government officials of cabinet level or higher rank and their
counterparts in the Government of Saudi Arabia to address challenges in
the relationship between the two governments and to identify areas and
mechanisms for cooperation;
(B) intelligence and security cooperation between the United States and Saudi Arabia in the fight against Islamist terrorism;
(C) ways to advance Saudi Arabia's contribution to the Middle East peace process;
(D) political and economic reform in Saudi Arabia and throughout the Middle East;
(E) ways to promote greater tolerance and respect
for cultural and religious diversity in Saudi Arabia and throughout the
Middle East; and
(F) ways to assist the Government of Saudi Arabia
in preventing nationals of Saudi Arabia from funding and supporting
extremist groups in Saudi Arabia and other countries.
(5) STRUGGLE OF IDEAS IN THE ISLAMIC WORLD- A
description of a cohesive, long-term strategy of the United States to
help win the struggle of ideas in the Islamic world, including the
following:
(A) A description of specific goals related to winning this struggle of ideas.
(B) A description of the range of tools available
to the United States Government to accomplish such goals and the manner
in which such tools will be employed.
(C) A list of benchmarks for measuring success and a plan for linking resources to the accomplishment of such goals.
(D) A description of any additional resources that may be necessary to help win this struggle of ideas.
(E) Any recommendations for the creation of, and
United States participation in, international institutions for the
promotion of democracy and economic diversification in the Islamic
world, and intraregional trade in the Middle East.
(F) An estimate of the level of United States
financial assistance that would be sufficient to convince United States
allies and people in the Islamic world that engaging in the struggle of
ideas in the Islamic world is a top priority of the United States and
that the United States intends to make a substantial and sustained
commitment toward winning this struggle.
(6) OUTREACH THROUGH BROADCAST MEDIA- A description of
a cohesive, long-term strategy of the United States to expand its
outreach to foreign Muslim audiences through broadcast media, including
the following:
(A) The initiatives of the Broadcasting Board of Governors with respect to outreach to foreign Muslim audiences.
(B) An outline of recommended actions that the
United States Government should take to more regularly and
comprehensively present a United States point of view through
indigenous broadcast media in countries with sizable Muslim
populations, including increasing appearances by United States
Government officials, experts, and citizens.
(C) An assessment of potential incentives for, and
costs associated with, encouraging United States broadcasters to dub or
subtitle into Arabic and other relevant languages their news and public
affairs programs broadcast in the Muslim world in order to present
those programs to a much broader Muslim audience than is currently
reached.
(D) Any recommendations the President may have for
additional funding and legislation necessary to achieve the objectives
of the strategy.
(7) VISAS FOR PARTICIPANTS IN UNITED STATES PROGRAMS- A description of--
(A) any recommendations for expediting the issuance
of visas to individuals who are entering the United States for the
purpose of participating in a scholarship, exchange, or visitor program
described in subsection (c) of section XX09 without compromising the security of the United States; and
(B) a proposed schedule for implementing any recommendations described in subparagraph (A).
(8) BASIC EDUCATION IN MUSLIM COUNTRIES- A description
of a strategy, that was developed after consultation with
nongovernmental organizations and individuals involved in education
assistance programs in developing countries, to promote free universal
basic education in the countries of the Middle East and in other
countries with significant Muslim populations designated by the
President. The strategy shall include the following elements:
(A) A description of the manner in which the
resources of the United States and the international community shall be
used to help achieve free universal basic education in such countries,
including--
(i) efforts of the United states to coordinate an international effort;
(ii) activities of the United States to leverage contributions from members of the Group of Eight or other donors; and
(iii) assistance provided by the United States
to leverage contributions from the private sector and civil society
organizations.
(B) A description of the efforts of the United
States to coordinate with other donors to reduce duplication and waste
at the global and country levels and to ensure efficient coordination
among all relevant departments and agencies of the Government of the
United States.
(C) A description of the strategy of the United
States to assist efforts to overcome challenges to achieving free
universal basic education in such countries, including strategies to
target hard to reach populations to promote education.
(D) A listing of countries that the President
determines are eligible for assistance under the International Youth
Opportunity Fund described in section XX10 and related programs.
(E) A description of the efforts of the United
States to encourage countries in the Middle East and other countries
with significant Muslim populations designated by the President to
develop and implement a national education plan.
(F) A description of activities carried out as part
of the International Youth Opportunity Fund to help close the digital
divide and expand vocational and business skills in such countries.
(G) An estimate of the funds needed to achieve free
universal basic education by 2015 in each country described in
subparagraph (D), and an estimate of the amount that has been expended
by the United States and by each such country during the previous
fiscal year.
(H) A description of the United States strategy for
garnering programmatic and financial support from countries in the
Middle East and other countries with significant Muslim populations
designated by the President, international organizations, and other
countries that share the objectives of the International Youth and
Opportunity Fund.
(9) ECONOMIC REFORM- A description of the efforts of
the United States Government to encourage development and promote
economic reform in countries that have a significant population of Arab
or Muslim individuals, including a description of--
(A) efforts to integrate countries with significant
populations of Arab or Muslim individuals into the global trading
system; and
(B) actions that the United States Government,
acting alone and in partnership with governments in the Middle East,
can take to promote intraregional trade and the rule of law in the
region.
SEC. 1018. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this
Act, this title shall take effect on the date of the enactment of this
Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 1021. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Travel documents are as important to terrorists as
weapons since terrorists must travel clandestinely to meet, train,
plan, case targets, and gain access to attack sites.
(2) International travel is dangerous for terrorists
because they must surface to pass through regulated channels, present
themselves to border security officials, or attempt to circumvent
inspection points.
(3) Terrorists use evasive, but detectable, methods to
travel, such as altered and counterfeit passports and visas, specific
travel methods and routes, liaisons with corrupt government officials,
human smuggling networks, supportive travel agencies, and immigration
and identity fraud.
(4) Before September 11, 2001, no Federal agency
systematically analyzed terrorist travel strategies. If an agency had
done so, the agency could have discovered the ways in which the
terrorist predecessors to al Qaeda had been systematically, but
detectably, exploiting weaknesses in our border security since the
early 1990s.
(5) Many of the hijackers were potentially vulnerable
to interception by border authorities. Analyzing their characteristic
travel documents and travel patterns could have allowed authorities to
intercept some of the hijackers and a more effective use of information
available in Government databases could have identified some of the
hijackers.
(6) The routine operations of our immigration laws and
the aspects of those laws not specifically aimed at protecting against
terrorism inevitably shaped al Qaeda's planning and opportunities.
(7) New insights into terrorist travel gained since
September 11, 2001, have not been adequately integrated into the front
lines of border security.
(8) The small classified terrorist travel intelligence
collection and analysis program currently in place has produced useful
results and should be expanded.
(1) IN GENERAL- Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress unclassified and classified versions of a strategy for
combining terrorist travel intelligence, operations, and law
enforcement into a cohesive effort to intercept terrorists, find
terrorist travel facilitators, and constrain terrorist mobility
domestically and internationally. The report to Congress should include
a description of the actions taken to implement the strategy.
(2) ACCOUNTABILITY- The strategy submitted under paragraph (1) shall--
(A) describe a program for collecting, analyzing,
disseminating, and utilizing information and intelligence regarding
terrorist travel tactics and methods; and
(B) outline which Federal intelligence, diplomatic,
and law enforcement agencies will be held accountable for implementing
each element of the strategy.
(3) COORDINATION- The strategy shall be developed in coordination with all relevant Federal agencies, including--
(A) the National Counterterrorism Center;
(B) the Department of Transportation;
(C) the Department of State;
(D) the Department of the Treasury;
(E) the Department of Justice;
(F) the Department of Defense;
(G) the Federal Bureau of Investigation;
(H) the Drug Enforcement Agency; and
(I) the agencies that comprise the intelligence community.
(4) CONTENTS- The strategy shall address--
(A) the intelligence and law enforcement
collection, analysis, operations, and reporting required to identify
and disrupt terrorist travel practices and trends, and the terrorist
travel facilitators, document forgers, human smugglers, travel
agencies, and corrupt border and transportation officials who assist
terrorists;
(B) the initial and ongoing training and training
materials required by consular, border, and immigration officials to
effectively detect and disrupt terrorist travel described under
subsection (c)(3);
(C) the new procedures required and actions to be
taken to integrate existing counterterrorist travel and mobility
intelligence into border security processes, including consular, port
of entry, border patrol, maritime, immigration benefits, and related
law enforcement activities;
(D) the actions required to integrate current terrorist mobility intelligence into military force protection measures;
(E) the additional assistance to be given to the
interagency Human Smuggling and Trafficking Center for purposes of
combatting terrorist travel, including further developing and expanding
enforcement and operational capabilities that address terrorist travel;
(F) the additional resources to be given to the
Department of Homeland Security to aid in the sharing of information
between the frontline border agencies of the Department of Homeland
Security, the Department of State, and classified and unclassified
sources of counterterrorist travel intelligence and information
elsewhere in the Federal Government, including the Human Smuggling and
Trafficking Center;
(G) the development and implementation of
procedures to enable the Human Smuggling and Trafficking Center to
timely receive terrorist travel intelligence and documentation obtained
at consulates and ports of entry, and by law enforcement officers and
military personnel;
(H) the use of foreign and technical assistance to
advance border security measures and law enforcement operations against
terrorist travel facilitators;
(I) the development of a program to provide each
consular, port of entry, and immigration benefits office with a
counterterrorist travel expert trained and authorized to use the
relevant authentication technologies and cleared to access all
appropriate immigration, law enforcement, and intelligence databases;
(J) the feasibility of digitally transmitting
passport information to a central cadre of specialists until such time
as experts described under subparagraph (I) are available at consular,
port of entry, and immigration benefits offices; and
(K) granting consular officers and immigration
adjudicators, as appropriate, the security clearances necessary to
access law enforcement sensitive and intelligence databases.
(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND TRAINING-
(1) TECHNOLOGY ACQUISITION AND DISSEMINATION PLAN- Not
later than 180 days after the date of enactment of this Act, the
Secretary of Homeland Security, in conjunction with the Secretary of
State, shall submit to Congress a plan describing how the Department of
Homeland Security and the Department of State can acquire and deploy,
to all consulates, ports of entry, and immigration benefits offices,
technologies that facilitate document authentication and the detection
of potential terrorist indicators on travel documents.
(2) CONTENTS OF PLAN- The plan submitted under paragraph (1) shall--
(A) outline the timetable needed to acquire and deploy the authentication technologies;
(B) identify the resources required to--
(i) fully disseminate these technologies; and
(ii) train personnel on use of these technologies; and
(C) address the feasibility of using these technologies to screen every passport or other documentation described in section XX04(b) submitted for identification purposes to a United States consular, border, or immigration official.
(A) IN GENERAL- The Secretary of Homeland Security
and the Secretary of State shall develop and implement initial and
ongoing annual training programs for consular, border, and immigration
officials who encounter or work with travel or immigration documents as
part of their duties to teach such officials how to effectively detect
and disrupt terrorist travel.
(B) TERRORIST TRAVEL INTELLIGENCE- The Secretary
may assist State, local, and tribal governments, and private industry,
in establishing training programs related to terrorist travel
intelligence.
(C) TRAINING TOPICS- The training developed under this paragraph shall include training in--
(i) methods for identifying fraudulent documents;
(ii) detecting terrorist indicators on travel documents;
(iii) recognizing travel patterns, tactics, and behaviors exhibited by terrorists;
(iv) the use of information contained in
available databases and data systems and procedures to maintain the
accuracy and integrity of such systems; and
(v) other topics determined necessary by the Secretary of Homeland Security and the Secretary of State.
(D) CERTIFICATION- Not later than 1 year after the date of enactment of this Act--
(i) the Secretary of Homeland Security shall
certify to Congress that all border and immigration officials who
encounter or work with travel or immigration documents as part of their
duties have received training under this paragraph; and
(ii) the Secretary of State shall certify to
Congress that all consular officers who encounter or work with travel
or immigration documents as part of their duties have received training
under this paragraph.
(4) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the Secretary for each of the fiscal
years 2005 through 2009 such sums as may be necessary to carry out the
provisions of this subsection.
(d) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS-
(1) IN GENERAL- The National Intelligence Director
shall significantly increase resources and personnel to the small
classified program that collects and analyzes intelligence on terrorist
travel.
(2) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated for each of the fiscal years 2005 through
2009 such sums as may be necessary to carry out this subsection.
SEC. 1022. INTEGRATED SCREENING SYSTEM.
(a) IN GENERAL- The Secretary of Homeland Security shall develop a plan for a comprehensive integrated screening system.
(b) DESIGN- The system planned under subsection (a) shall be designed to--
(1) encompass an integrated network of screening points
that includes the Nation's border security system, transportation
system, and critical infrastructure or facilities that the Secretary
determines need to be protected against terrorist attack;
(2) build upon existing border enforcement and security
activities, and to the extent practicable, private sector security
initiatives, in a manner that will enable the utilization of a range of
security check points in a continuous and consistent manner throughout
the Nation's screening system;
(3) allow access to government databases to detect terrorists; and
(4) utilize biometric identifiers that the Secretary
determines to be appropriate, feasible, and if practicable, compatible
with the biometric entry and exit data system described in section XX03.
(c) STANDARDS FOR SCREENING PROCEDURES-
(1) AUTHORIZATION- The Secretary may promulgate standards for screening procedures for--
(A) entering and leaving the United States;
(B) accessing Federal facilities that the Secretary determines need to be protected against terrorist attack;
(C) accessing critical infrastructure that the Secretary determines need to be protected against terrorist attack; and
(D) accessing modes of transportation that the Secretary determines need to be protected against terrorist attack.
(2) SCOPE- Standards prescribed under this subsection
may address a range of factors, including technologies required to be
used in screening and requirements for secure identification.
(3) REQUIREMENTS- In promulgating standards for screening procedures, the Secretary shall--
(A) consider and incorporate appropriate civil liberties and privacy protections;
(B) comply with the Administrative Procedure Act; and
(C) consult with other Federal, State, local, and
tribal governments, private parties, and other interested parties, as
appropriate.
(4) LIMITATION- This section does not confer to the
Secretary new statutory authority, or alter existing authorities, over
systems, critical infrastructure, and facilities.
(5) NOTIFICATION- If the Secretary determines that
additional regulatory authority is needed to fully implement the plan
for an integrated screening system, the Secretary shall immediately
notify Congress.
(d) COMPLIANCE- The Secretary may issue regulations to ensure compliance with the standards promulgated under this section.
(e) CONSULTATION- For those systems, critical
infrastructure, and facilities that the Secretary determines need to be
protected against terrorist attack, the Secretary shall consult with
other Federal agencies, State, local, and tribal governments, and the
private sector to ensure the development of consistent standards and
consistent implementation of the integrated screening system.
(f) BIOMETRIC IDENTIFIERS- In carrying out this section,
the Secretary shall continue to review biometric technologies and
existing Federal and State programs using biometric identifiers. Such
review shall consider the accuracy rate of available technologies.
(g) MAINTAINING ACCURACY AND INTEGRITY OF THE INTEGRATED SCREENING SYSTEM-
(1) IN GENERAL- The Secretary shall establish rules,
guidelines, policies, and operating and auditing procedures for
collecting, removing, and updating data maintained in, and adding
information to, the integrated screening system that ensure the
accuracy and integrity of the data.
(2) DATA MAINTENANCE PROCEDURES- Each head of a Federal
agency that has databases and data systems linked to the integrated
screening system shall establish rules, guidelines, policies, and
operating and auditing procedures for collecting, removing, and
updating data maintained in, and adding information to, such databases
or data systems that ensure the accuracy and integrity of the data.
(3) REQUIREMENTS- The rules, guidelines, policies, and procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(ii) determining which government agency or entity provided data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or misidentification errors; and
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases or data systems; and
(ii) appeal decisions concerning data contained in the databases or data systems.
(1) PHASE I- The Secretary shall--
(A) develop plans for, and begin implementation of,
a single program for registered travelers to expedite travel across the
border, as required under section XX03(g);
(B) continue the implementation of a biometric exit
and entry data system that links to relevant databases and data
systems, as required by subsections (c) through (f) of section XX03 and other existing authorities;
(C) centralize the `no-fly' and
`automatic-selectee' lists, making use of improved terrorists watch
lists, as required by section XXX03;
(D) develop plans, in consultation with other
relevant agencies, for the sharing of terrorist information with
trusted governments, as required by section XX05;
(E) initiate any other action determined appropriate by the Secretary to facilitate the implementation of this paragraph; and
(F) report to Congress on the implementation of phase I, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with statutory provisions,
and safeguards for privacy and civil liberties; and
(ii) plans for the development and implementation of phases II and III.
(2) PHASE II- The Secretary shall--
(A) complete the implementation of a single program
for registered travelers to expedite travel across the border, as
required by section XX03(g);
(B) complete the implementation of a biometric
entry and exit data system that links to relevant databases and data
systems, as required by subsections (c) through (f) of section XX03, and other existing authorities;
(C) in cooperation with other relevant agencies,
engage in dialogue with foreign governments to develop plans for the
use of common screening standards;
(D) initiate any other action determined appropriate by the Secretary to facilitate the implementation of this paragraph; and
(E) report to Congress on the implementation of phase II, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with statutory provisions,
and safeguards for privacy and civil liberties; and
(ii) the plans for the development and implementation of phase III.
(3) PHASE III- The Secretary shall--
(A) finalize and deploy the integrated screening system required by subsection (a);
(B) in cooperation with other relevant agencies,
promote the implementation of common screening standards by foreign
governments; and
(C) report to Congress on the implementation of Phase III, including--
(i) the effectiveness of actions taken, the
efficacy of resources expended, compliance with statutory provisions,
and safeguards for privacy and civil liberties; and
(ii) the plans for the ongoing operation of the integrated screening system.
(i) REPORT- After phase III has been implemented, the
Secretary shall submit a report to Congress every 3 years that
describes the ongoing operation of the integrated screening system,
including its effectiveness, efficient use of resources, compliance
with statutory provisions, and safeguards for privacy and civil
liberties.
(j) AUTHORIZATIONS- There are authorized to be appropriated
to the Secretary for each of the fiscal years 2005 through 2009, such
sums as may be necessary to carry out the provisions of this section.
SEC. 1023. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that completing a biometric entry and exit data system as expeditiously
as possible is an essential investment in efforts to protect the United
States by preventing the entry of terrorists.
(b) DEFINITION- In this section, the term `entry and exit
data system' means the entry and exit system required by applicable
sections of--
(1) the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104-208);
(2) the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-205);
(3) the Visa Waiver Permanent Program Act (Public Law 106-396);
(4) the Enhanced Border Security and Visa Entry Reform Act of 2002 (Public Law 107-173); and
(5) the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (Public Law 107-56).
(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.
(2) REPORT- Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to Congress
on the plan developed under paragraph (1), which shall contain--
(A) a description of the current functionality of the entry and exit data system, including--
(i) a listing of ports of entry and other
Department of Homeland Security and Department of State locations 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 and other
Department of Homeland Security and Department of State locations with
biometric exit data systems in use;
(iii) a listing of databases and data systems with which the entry and exit data system are interoperable;
(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 data 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 biometric entry and exit data
system;
(D) a description of plans for improved or added interoperability with any other databases or data systems; and
(E) a description of the manner in which the Department of Homeland Security's US-VISIT program--
(i) meets the goals of a comprehensive entry and exit screening system, including both entry and exit biometric; and
(ii) fulfills the statutory obligations under subsection (b).
(d) COLLECTION OF BIOMETRIC EXIT DATA- The entry and exit
data system shall include a requirement for the collection of biometric
exit data for all categories of individuals who are required to provide
biometric entry data, regardless of the port of entry where such
categories of individuals entered the United States.
(e) INTEGRATION AND INTEROPERABILITY-
(1) INTEGRATION OF DATA SYSTEM- Not later than 2 years
after the date of enactment of this Act, the Secretary shall fully
integrate all databases and data systems that process or contain
information on aliens, which are maintained by--
(A) the Department of Homeland Security, at--
(i) the United States Immigration and Customs Enforcement;
(ii) the United States Customs and Border Protection; and
(iii) the United States Citizenship and Immigration Services;
(B) the Department of Justice, at the Executive Office for Immigration Review; and
(C) the Department of State, at the Bureau of Consular Affairs.
(2) INTEROPERABLE COMPONENT- The fully integrated data
system under paragraph (1) shall be an interoperable component of the
entry and exit data system.
(3) INTEROPERABLE DATA SYSTEM- Not later than 2 years
after the date of enactment of this Act, the Secretary shall fully
implement an interoperable electronic data system, as required by
section 202 of the Enhanced Border Security and Visa Entry Reform Act
(8 U.S.C. 1722) to provide current and immediate access to information
in the databases of Federal law enforcement agencies and the
intelligence community that is relevant to determine--
(A) whether to issue a visa; or
(B) the admissibility or deportability of an alien.
(f) MAINTAINING ACCURACY AND INTEGRITY OF ENTRY AND EXIT DATA SYSTEM-
(1) IN GENERAL- The Secretary 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 that ensure the accuracy
and integrity of the data.
(2) DATA MAINTENANCE PROCEDURES- Heads of agencies that
have databases or data systems linked to the entry and exit data system
shall establish rules, guidelines, policies, and operating and auditing
procedures for collecting, removing, and updating data maintained in,
and adding information to, such databases or data systems that ensure
the accuracy and integrity of the data.
(3) REQUIREMENTS- The rules, guidelines, policies, and procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(ii) determining which government agency or entity provided data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or misidentification errors; and
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases or data systems; and
(ii) appeal decisions concerning data contained in the databases or data systems.
(g) 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 borders of the United States can permit inspectors to better
focus on identifying terrorists attempting to enter the United States.
(2) DEFINITION- In this subsection, 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 PROGRAM-
(A) IN GENERAL- As soon as is practicable, the
Secretary shall develop and implement a registered traveler program to
expedite the processing of registered travelers who enter and exit the
United States.
(B) PARTICIPATION- The registered traveler program shall include as many participants as practicable by--
(i) minimizing the cost of enrollment;
(ii) making program enrollment convenient and easily accessible; and
(iii) providing applicants with clear and consistent eligibility guidelines.
(C) INTEGRATION- The registered traveler program
shall be integrated into the automated biometric entry and exit data
system described in this section.
(D) REVIEW AND EVALUATION- In developing the registered traveler program, 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;
(iii) increase research and development efforts
to accelerate the development and implementation of a single registered
traveler program; and
(iv) review the feasibility of allowing participants to enroll in the registered traveler program at consular offices.
(4) REPORT- Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to Congress a report
describing the Department's progress on the development and
implementation of the registered traveler program.
(h) 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. 1024. TRAVEL DOCUMENTS.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that--
(1) existing procedures allow many individuals to enter
the United States by showing minimal identification or without showing
any identification;
(2) the planning for the terrorist attacks of September
11, 2001, demonstrates that terrorists study and exploit United States
vulnerabilities; and
(3) additional safeguards are needed to ensure that terrorists cannot enter the United States.
(1) DEVELOPMENT OF PLAN- The Secretary of State, in
consultation with the Secretary of Homeland Security, shall develop and
implement a plan as expeditiously as possible to require biometric
passports or other identification deemed by the Secretary of State to
be at least as secure as a biometric passport, for all travel into the
United States by United States citizens and by categories of
individuals for whom documentation requirements have previously been
waived under section 212(d)(4)(B) of the Immigration and Nationality
Act (8 U.S.C. 1182(d)(4)(B)).
(2) REQUIREMENT TO PRODUCE DOCUMENTATION- The plan
developed under paragraph (1) shall require all United States citizens,
and categories of individuals for whom documentation requirements have
previously been waived under section 212(d)(4)(B) of such Act, to carry
and produce the documentation described in paragraph (1) when traveling
from foreign countries into the United States.
(c) TECHNICAL AND CONFORMING AMENDMENTS- After the complete implementation of the plan described in subsection (b)--
(1) neither the Secretary of State nor the Secretary of
Homeland Security may exercise discretion under section 212(d)(4)(B) of
such Act to waive documentary requirements for travel into the United
States; and
(2) the President may not exercise discretion under
section 215(b) of such Act (8 U.S.C. 1185(b)) to waive documentary
requirements for United States citizens departing from or entering, or
attempting to depart from or enter, the United States except--
(A) where the Secretary of State, in consultation
with the Secretary of Homeland Security, determines that the
alternative documentation that is the basis for the waiver of the
documentary requirement is at least as secure as a biometric passport;
(B) in the case of an unforeseen emergency in individual cases; or
(C) in the case of humanitarian or national interest reasons in individual cases.
(d) TRANSIT WITHOUT VISA PROGRAM- The Secretary of State
shall not use any authorities granted under section 212(d)(4)(C) of
such Act until the Secretary, in conjunction with the Secretary of
Homeland Security, completely implements a security plan to fully
ensure secure transit passage areas to prevent aliens proceeding in
immediate and continuous transit through the United States from
illegally entering the United States.
SEC. 1025. EXCHANGE OF TERRORIST INFORMATION AND INCREASED PREINSPECTION AT FOREIGN AIRPORTS.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress finds
that--
(1) the exchange of terrorist information with other
countries, consistent with privacy requirements, along with listings of
lost and stolen passports, will have immediate security benefits; and
(2) the further away from the borders of the United
States that screening occurs, the more security benefits the United
States will gain.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States Government should exchange terrorist information with trusted allies;
(2) the United States Government should move toward real-time verification of passports with issuing authorities;
(3) where practicable the United States Government
should conduct screening before a passenger departs on a flight
destined for the United States;
(4) the United States Government should work with other countries to ensure effective inspection regimes at all airports;
(5) the United States Government should work with other
countries to improve passport standards and provide foreign assistance
to countries that need help making the transition to the global
standard for identification; and
(6) the Department of Homeland Security, in
coordination with the Department of State and other agencies, should
implement the initiatives called for in this subsection.
(c) REPORT REGARDING THE EXCHANGE OF TERRORIST INFORMATION-
(1) IN GENERAL- Not later than 180 days after the date
of enactment of this Act, the Secretary of State and the Secretary of
Homeland Security, working with other agencies, shall submit to the
appropriate committees of Congress a report on Federal efforts to
collaborate with allies of the United States in the exchange of
terrorist information.
(2) CONTENTS- The report shall outline--
(A) strategies for increasing such collaboration and cooperation;
(B) progress made in screening passengers before their departure to the United States; and
(C) efforts to work with other countries to accomplish the goals described under this section.
(d) PREINSPECTION AT FOREIGN AIRPORTS-
(1) IN GENERAL- Section 235A(a)(4) of the Immigration
and Nationality Act (8 U.S.C. 1225a(a)(4)) is amended to read as
follows:
`(4) Subject to paragraph (5), not later than January
1, 2008, the Secretary of Homeland Security, in consultation with the
Secretary of State, shall establish preinspection stations in at least
25 additional foreign airports, which the Secretary of Homeland
Security, in consultation with the Secretary of State, determines,
based on the data compiled under paragraph (3) and such other
information as may be available, would most effectively facilitate the
travel of admissible aliens and reduce the number of inadmissible
aliens, especially aliens who are potential terrorists, who arrive from
abroad by air at points of entry within the United States. Such
preinspection stations shall be in addition to those established prior
to September 30, 1996, or pursuant to paragraph (1).'.
(2) REPORT- Not later than June 30, 2006, the Secretary
of Homeland Security and the Secretary of State shall submit a report
on the progress being made in implementing the amendment made by
paragraph (1) to--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on the Judiciary of the House of Representatives;
(C) the Committee on Foreign Relations of the Senate; and
(D) the Committee on International Relations of the House of Representatives.
SEC. 1026. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) DEFINITION- In this section, the term `birth certificate' means a certificate of birth--
(1) for an individual (regardless of where born)--
(A) who is a citizen or national of the United States at birth; and
(B) whose birth is registered in the United States; and
(A) is issued by a Federal, State, or local
government agency or authorized custodian of record and produced from
birth records maintained by such agency or custodian of record; or
(B) is an authenticated copy, issued by a Federal,
State, or local government agency or authorized custodian of record, of
an original certificate of birth issued by such agency or custodian of
record.
(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES-
(1) IN GENERAL- Beginning 2 years after the
promulgation of minimum standards under paragraph (3), no Federal
agency may accept a birth certificate for any official purpose unless
the certificate conforms to such standards.
(A) IN GENERAL- Each State shall certify to the
Secretary of Health and Human Services that the State is in compliance
with the requirements of this section.
(B) FREQUENCY- Certifications under subparagraph
(A) shall be made at such intervals and in such a manner as the
Secretary of Health and Human Services, with the concurrence of the
Secretary of Homeland Security and the Commissioner of Social Security,
may prescribe by regulation.
(C) COMPLIANCE- Each State shall ensure that units
of local government and other authorized custodians of records in the
State comply with this section.
(D) AUDITS- The Secretary of Health and Human
Services may conduct periodic audits of each State's compliance with
the requirements of this section.
(3) MINIMUM STANDARDS- Not later than 1 year after the
date of enactment of this Act, the Secretary of Health and Human
Services shall by regulation establish minimum standards for birth
certificates for use by Federal agencies for official purposes that--
(A) at a minimum, shall require certification of
the birth certificate by the State or local government custodian of
record that issued the certificate, and shall require the use of safety
paper or an alternative, equally secure medium, the seal of the issuing
custodian of record, and other features designed to prevent tampering,
counterfeiting, or otherwise duplicating the birth certificate for
fraudulent purposes;
(B) shall establish requirements for proof and
verification of identity as a condition of issuance of a birth
certificate, with additional security measures for the issuance of a
birth certificate for a person who is not the applicant;
(C) shall establish standards for the processing of birth certificate applications to prevent fraud;
(D) may not require a single design to which birth certificates issued by all States must conform; and
(E) shall accommodate the differences between the
States in the manner and form in which birth records are stored and
birth certificates are produced from such records.
(4) CONSULTATION WITH GOVERNMENT AGENCIES- In
promulgating the standards required under paragraph (3), the Secretary
of Health and Human Services shall consult with--
(A) the Secretary of Homeland Security;
(B) the Commissioner of Social Security;
(C) State vital statistics offices; and
(D) other appropriate Federal agencies.
(5) EXTENSION OF EFFECTIVE DATE- The Secretary of
Health and Human Services may extend the date specified under paragraph
(1) for up to 2 years for birth certificates issued by a State if the
Secretary determines that the State made reasonable efforts to comply
with the date under paragraph (1) but was unable to do so.
(1) ASSISTANCE IN MEETING FEDERAL STANDARDS-
(A) IN GENERAL- Beginning on the date a final
regulation is promulgated under subsection (b)(3), the Secretary of
Health and Human Services shall award grants to States to assist them
in conforming to the minimum standards for birth certificates set forth
in the regulation.
(B) ALLOCATION OF GRANTS- The Secretary shall award
grants to States under this paragraph based on the proportion that the
estimated average annual number of birth certificates issued by a State
applying for a grant bears to the estimated average annual number of
birth certificates issued by all States.
(C) MINIMUM ALLOCATION- Notwithstanding
subparagraph (B), each State shall receive not less than 0.5 percent of
the grant funds made available under this paragraph.
(2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS-
(A) IN GENERAL- The Secretary of Health and Human
Services, in coordination with the Commissioner of Social Security and
other appropriate Federal agencies, shall award grants to States, under
criteria established by the Secretary, to assist States in--
(i) computerizing their birth and death records;
(ii) developing the capability to match birth and death records within each State and among the States; and
(iii) noting the fact of death on the birth certificates of deceased persons.
(B) ALLOCATION OF GRANTS- The Secretary shall award
grants to qualifying States under this paragraph based on the
proportion that the estimated annual average number of birth and death
records created by a State applying for a grant bears to the estimated
annual average number of birth and death records originated by all
States.
(C) MINIMUM ALLOCATION- Notwithstanding
subparagraph (B), each State shall receive not less than 0.5 percent of
the grant funds made available under this paragraph.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary for each of the fiscal years 2005
through 2009 such sums as may be necessary to carry out this section.
(e) TECHNICAL AND CONFORMING AMENDMENTS- Section 656 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5
U.S.C. 301 note) is repealed.
SEC. 1027. DRIVER'S LICENSES AND PERSONAL IDENTIFICATION CARDS.
(a) DEFINITIONS- In this section:
(1) DRIVER'S LICENSE- The term `driver's license' means
a motor vehicle operator's license as defined in section 30301(5) of
title 49, United States Code.
(2) PERSONAL IDENTIFICATION CARD- The term `personal
identification card' means an identification document (as defined in
section 1028(d)(3) of title 18, United States Code) issued by a State.
(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGENCIES-
(A) LIMITATION ON ACCEPTANCE- No Federal agency may
accept, for any official purpose, a driver's license or personal
identification card newly issued by a State more than 2 years after the
promulgation of the minimum standards under paragraph (2) unless the
driver's license or personal identification card conforms to such
minimum standards.
(B) DATE FOR CONFORMANCE- The Secretary of
Transportation, in consultation with the Secretary of Homeland
Security, shall establish a date after which no driver's license or
personal identification card shall be accepted by a Federal agency for
any official purpose unless such driver's license or personal
identification card conforms to the minimum standards established under
paragraph (2). The date shall be as early as the Secretary determines
it is practicable for the States to comply with such date with
reasonable efforts.
(i) IN GENERAL- Each State shall certify to the
Secretary of Transportation that the State is in compliance with the
requirements of this section.
(ii) FREQUENCY- Certifications under clause (i)
shall be made at such intervals and in such a manner as the Secretary
of Transportation, with the concurrence of the Secretary of Homeland
Security, may prescribe by regulation.
(iii) AUDITS- The Secretary of Transportation
may conduct periodic audits of each State's compliance with the
requirements of this section.
(2) MINIMUM STANDARDS- Not later than 18 months after
the date of enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall by
regulation, establish minimum standards for driver's licenses or
personal identification cards issued by a State for use by Federal
agencies for identification purposes that shall include--
(A) standards for documentation required as proof
of identity of an applicant for a driver's license or personal
identification card;
(B) standards for the verifiability of documents used to obtain a driver's license or personal identification card;
(C) standards for the processing of applications for driver's licenses and personal identification cards to prevent fraud;
(D) security standards to ensure that driver's licenses and personal identification cards are--
(i) resistant to tampering, alteration, or counterfeiting; and
(ii) capable of accommodating and ensuring the security of a digital photograph or other unique identifier; and
(E) a requirement that a State confiscate a
driver's license or personal identification card if any component or
security feature of the license or identification card is compromised.
(3) CONTENT OF REGULATIONS- The regulations required by paragraph (2)--
(A) shall facilitate communication between the
chief driver licensing official of a State, an appropriate official of
a Federal agency and other relevant officials, to verify the
authenticity of documents, as appropriate, issued by such Federal
agency or entity and presented to prove the identity of an individual;
(B) may not infringe on a State's power to set
criteria concerning what categories of individuals are eligible to
obtain a driver's license or personal identification card from that
State;
(C) may not require a State to comply with any such
regulation that conflicts with or otherwise interferes with the full
enforcement of State criteria concerning the categories of individuals
that are eligible to obtain a driver's license or personal
identification card from that State;
(D) may not require a single design to which
driver's licenses or personal identification cards issued by all States
must conform; and
(E) shall include procedures and requirements to
protect the privacy and civil and due process rights of individuals who
apply for and hold driver's licenses and personal identification cards.
(4) NEGOTIATED RULEMAKING-
(A) IN GENERAL- Before publishing the proposed
regulations required by paragraph (2) to carry out this title, the
Secretary of Transportation shall establish a negotiated rulemaking
process pursuant to subchapter IV of chapter 5 of title 5, United
States Code (5 U.S.C. 561 et seq.).
(B) REPRESENTATION ON NEGOTIATED RULEMAKING
COMMITTEE- Any negotiated rulemaking committee established by the
Secretary of Transportation pursuant to subparagraph (A) shall include
representatives from--
(i) among State offices that issue driver's licenses or personal identification cards;
(ii) among State elected officials;
(iii) the Department of Homeland Security; and
(iv) among interested parties, including
organizations with technological and operational expertise in document
security and organizations that represent the interests of applicants
for such licenses or identification cards.
(C) TIME REQUIREMENT- The process described in subparagraph (A) shall be conducted in a timely manner to ensure that--
(i) any recommendation for a proposed rule or
report is provided to the Secretary of Transportation not later than 9
months after the date of enactment of this Act and shall include an
assessment of the benefits and costs of the recommendation; and
(ii) a final rule is promulgated not later than 18 months after the date of enactment of this Act.
(1) ASSISTANCE IN MEETING FEDERAL STANDARDS- Beginning
on the date a final regulation is promulgated under subsection (b)(2),
the Secretary of Transportation shall award grants to States to assist
them in conforming to the minimum standards for driver's licenses and
personal identification cards set forth in the regulation.
(2) ALLOCATION OF GRANTS- The Secretary of
Transportation shall award grants to States under this subsection based
on the proportion that the estimated average annual number of driver's
licenses and personal identification cards issued by a State applying
for a grant bears to the average annual number of such documents issued
by all States.
(3) MINIMUM ALLOCATION- Notwithstanding paragraph (2),
each State shall receive not less than 0.5 percent of the grant funds
made available under this subsection.
(d) EXTENSION OF EFFECTIVE DATE- The Secretary of
Transportation may extend the date specified under subsection (b)(1)(A)
for up to 2 years for driver's licenses issued by a State if the
Secretary determines that the State made reasonable efforts to comply
with the date under such subsection but was unable to do so.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Secretary of Transportation for each of the
fiscal years 2005 through 2009, such sums as may be necessary to carry
out this section.
SEC. 1028. SOCIAL SECURITY CARDS.
(a) SECURITY ENHANCEMENTS- The Commissioner of Social Security shall--
(1) not later than 180 days after the date of enactment
of this section, issue regulations to restrict the issuance of multiple
replacement social security cards to any individual to minimize fraud;
(2) within 1 year after the date of enactment of this
section, require verification of records provided by an applicant for
an original social security card, other than for purposes of
enumeration at birth; and
(3) within 18 months after the date of enactment of
this section, add death, fraud, and work authorization indicators to
the social security number verification system.
(b) INTERAGENCY SECURITY TASK FORCE- The Commissioner of
Social Security, in consultation with the Secretary of Homeland
Security, shall form an interagency task force for the purpose of
further improving the security of social security cards and numbers.
Not later than 1 year after the date of enactment of this section, the
task force shall establish security requirements, including--
(1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated to the Commissioner of Social Security for each of
the fiscal years 2005 through 2009, such sums as may be necessary to
carry out this section.
SEC. 1029. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this title shall take effect on the date of enactment of this Act.
Subtitle C--Transportation Security
SEC. 1031. DEFINITIONS.
In this title, the terms `air carrier', `air
transportation', `aircraft', `airport', `cargo', `foreign air carrier',
and `intrastate air transportation' have the meanings given such terms
in section 40102 of title 49, United States Code.
SEC. 1032. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) REQUIREMENT FOR STRATEGY-
(1) RESPONSIBILITIES OF SECRETARY OF HOMELAND SECURITY- The Secretary of Homeland Security shall--
(A) develop and implement a National Strategy for Transportation Security; and
(B) revise such strategy whenever necessary to
improve or to maintain the currency of the strategy or whenever the
Secretary otherwise considers it appropriate to do so.
(2) CONSULTATION WITH SECRETARY OF TRANSPORTATION- The
Secretary of Homeland Security shall consult with the Secretary of
Transportation in developing and revising the National Strategy for
Transportation Security under this section.
(b) CONTENT- The National Strategy for Transportation Security shall include the following matters:
(1) An identification and evaluation of the
transportation assets within the United States that, in the interests
of national security, must be protected from attack or disruption by
terrorist or other hostile forces, including aviation, bridge and
tunnel, commuter rail and ferry, highway, maritime, pipeline, rail,
urban mass transit, and other public transportation infrastructure
assets that could be at risk of such an attack or disruption.
(2) The development of the risk-based priorities, and
realistic deadlines, for addressing security needs associated with
those assets.
(3) The most practical and cost-effective means of defending those assets against threats to their security.
(4) A forward-looking strategic plan that assigns
transportation security roles and missions to departments and agencies
of the Federal Government (including the Armed Forces), State
governments (including the Army National Guard and Air National Guard),
local governments, and public utilities, and establishes mechanisms for
encouraging private sector cooperation and participation in the
implementation of such plan.
(5) A comprehensive delineation of response and
recovery responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
(6) A prioritization of research and development
objectives that support transportation security needs, giving a higher
priority to research and development directed toward protecting vital
assets.
(7) A budget and recommendations for appropriate levels
and sources of funding to meet the objectives set forth in the strategy.
(c) SUBMISSIONS TO CONGRESS-
(1) THE NATIONAL STRATEGY-
(A) INITIAL STRATEGY- The Secretary of Homeland
Security shall submit the National Strategy for Transportation Security
developed under this section to Congress not later than April 1, 2005.
(B) SUBSEQUENT VERSIONS- After 2005, the Secretary
of Homeland Security shall submit the National Strategy for
Transportation Security, including any revisions, to Congress not less
frequently than April 1 of each even-numbered year.
(2) PERIODIC PROGRESS REPORT-
(A) REQUIREMENT FOR REPORT- Each year, in
conjunction with the submission of the budget to Congress under section
1105(a) of title 31, United States Code, the Secretary of Homeland
Security shall submit to Congress an assessment of the progress made on
implementing the National Strategy for Transportation Security.
(B) CONTENT- Each progress report under this paragraph shall include, at a minimum, the following matters:
(i) An assessment of the adequacy of the
resources committed to meeting the objectives of the National Strategy
for Transportation Security.
(ii) Any recommendations for improving and
implementing that strategy that the Secretary, in consultation with the
Secretary of Transportation, considers appropriate.
(3) CLASSIFIED MATERIAL- Any part of the National
Strategy for Transportation Security that involves information that is
properly classified under criteria established by Executive order shall
be submitted to Congress separately in classified form.
(1) IN GENERAL- The National Strategy for
Transportation Security shall be the governing document for Federal
transportation security efforts.
(2) OTHER PLANS AND REPORTS- The National Strategy for
Transportation Security shall include, as an integral part or as an
appendix--
(A) the current National Maritime Transportation Security Plan under section 70103 of title 46, United States Code;
(B) the report required by section 44938 of title 49, United States Code; and
(C) any other transportation security plan or
report that the Secretary of Homeland Security determines appropriate
for inclusion.
SEC. 1033. USE OF WATCHLISTS FOR PASSENGER AIR TRANSPORTATION SCREENING.
(a) IN GENERAL- The Secretary of Homeland Security, acting
through the Transportation Security Administration, as soon as
practicable after the date of the enactment of this Act but in no event
later than 180 days after that date, shall--
(1) implement a procedure under which the
Transportation Security Administration compares information about
passengers who are to be carried aboard a passenger aircraft operated
by an air carrier or foreign air carrier in air transportation or
intrastate air transportation for flights and flight segments
originating in the United States with a comprehensive, consolidated
database containing information about known or suspected terrorists and
their associates; and
(2) use the information obtained by comparing the
passenger information with the information in the database to prevent
known or suspected terrorists and their associates from boarding such
flights or flight segments or to subject them to specific additional
security scrutiny, through the use of `no fly' and `automatic selectee'
lists or other means.
(b) AIR CARRIER COOPERATION- The Secretary of Homeland
Security, in coordination with the Secretary of Transportation, shall
by order require air carriers to provide the passenger information
necessary to implement the procedure required by subsection (a).
(c) MAINTAINING THE ACCURACY AND INTEGRITY OF THE `NO FLY' AND `AUTOMATIC SELECTEE' LISTS-
(1) WATCHLIST DATABASE- The Secretary of Homeland
Security, in consultation with the Director of the Federal Bureau of
Investigation, shall design guidelines, policies, and operating
procedures for the collection, removal, and updating of data
maintained, or to be maintained, in the watchlist database described in
subsection (a)(1) that are designed to ensure the accuracy and
integrity of the database.
(2) ACCURACY OF ENTRIES- In developing the `no fly' and
`automatic selectee' lists under subsection (a)(2), the Secretary of
Homeland Security shall establish a simple and timely method for
correcting erroneous entries, for clarifying information known to cause
false hits or misidentification errors, and for updating relevant
information that is dispositive in the passenger screening process. The
Secretary shall also establish a process to provide individuals whose
names are confused with, or similar to, names in the database with a
means of demonstrating that they are not a person named in the database.
SEC. 1034. ENHANCED PASSENGER AND CARGO SCREENING.
(a) AIRCRAFT PASSENGER SCREENING AT CHECKPOINTS-
(1) DETECTION OF EXPLOSIVES-
(A) IMPROVEMENT OF CAPABILITIES- As soon as
practicable after the date of the enactment of this Act, the Secretary
of Homeland Security shall take such action as is necessary to improve
the capabilities at passenger screening checkpoints, especially at
commercial airports, to detect explosives carried aboard aircraft by
passengers or placed aboard aircraft by passengers.
(B) INTERIM ACTION- Until measures are implemented
that enable the screening of all passengers for explosives, the
Secretary shall take immediate measures to require Transportation
Security Administration or other screeners to screen for explosives any
individual identified for additional screening before that individual
may board an aircraft.
(2) IMPLEMENTATION REPORT-
(A) REQUIREMENT FOR REPORT- Within 90 days after
the date of the enactment of this Act, the Secretary of Homeland
Security shall transmit to the Senate and the House of Representatives
a report on how the Secretary intends to achieve the objectives of the
actions required under paragraph (1). The report shall include an
implementation schedule.
(B) CLASSIFIED INFORMATION- The Secretary may
submit separately in classified form any information in the report
under subparagraph (A) that involves information that is properly
classified under criteria established by Executive order.
(b) ACCELERATION OF RESEARCH AND DEVELOPMENT ON, AND DEPLOYMENT OF, DETECTION OF EXPLOSIVES-
(1) REQUIRED ACTION- The Secretary of Homeland
Security, in consultation with the Secretary of Transportation, shall
take such action as may be necessary to accelerate research and
development and deployment of technology for screening aircraft
passengers for explosives during or before the aircraft boarding
process.
(2) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the Secretary such sums as are
necessary to carry out this subsection for each of fiscal years 2005
through 2009.
(c) IMPROVEMENT OF SCREENER JOB PERFORMANCE-
(1) REQUIRED ACTION- The Secretary of Homeland Security
shall take such action as may be necessary to improve the job
performance of airport screening personnel.
(2) HUMAN FACTORS STUDY- In carrying out this
subsection, the Secretary shall, not later than 180 days after the date
of the enactment of this Act, conduct a human factors study in order
better to understand problems in screener performance and to set
attainable objectives for individual screeners and screening
checkpoints.
(d) Checked Baggage and Cargo-
(1) IN-LINE BAGGAGE SCREENING- The Secretary of
Homeland Security shall take such action as may be necessary to
expedite the installation and use of advanced in-line baggage-screening
equipment at commercial airports.
(2) CARGO SECURITY- The Secretary shall take such
action as may be necessary to ensure that the Transportation Security
Administration increases and improves its efforts to screen potentially
dangerous cargo.
(e) Blast-resistant Cargo and Baggage Containers-
(1) IN GENERAL- The Secretary of Homeland Security, in coordination with the Secretary of Transportation--
(A) shall assess the feasibility of requiring the
use of blast-resistant containers for cargo and baggage on passenger
aircraft to minimize the potential effects of detonation of an
explosive device; and
(B) may require their use on some or all flights on aircraft for which such containers are available.
(2) PILOT PROGRAM- Before requiring the use of such
containers on any such flights, the Secretary of Homeland Security
shall conduct a pilot program to evaluate the use of currently
available blast-resistant containers for cargo and baggage on passenger
aircraft. In conducting the pilot program the Secretary--
(A) shall test the feasibility of using the containers by deploying them on participating air carrier flights; but
(B) may not disclose to the public the number of
blast-resistant containers being used in the program or publicly
identify the flights on which the containers are used.
(3) Assistance for participation in pilot program-
(A) IN GENERAL- As part of the pilot program, the
Secretary may provide assistance to air carriers to volunteer to test
the use of blast-resistant containers for cargo and baggage on
passenger aircraft.
(B) APPLICATIONS- To volunteer to participate in
the incentive program, an air carrier shall submit to the Secretary an
application that is in such form and contains such information as the
Secretary requires.
(C) TYPES OF ASSISTANCE- Assistance provided by the
Secretary to air carriers that volunteer to participate in the pilot
program may 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.
(4) TECHNOLOGICAL IMPROVEMENTS- The Secretary of
Homeland Security, in cooperation with the Secretary of Transportation,
shall--
(A) support efforts to further the development and
improvement of blast-resistant containers for potential use on
aircraft, including designs that--
(i) will work on a variety of aircraft, including narrow body aircraft; and
(ii) minimize the weight of such containers without compromising their effectiveness; and
(B) explore alternative technologies for minimizing
the potential effects of detonation of an explosive device on cargo and
passenger aircraft.
(5) REPORT- Not later than one year after the date of
enactment of this Act, the Secretary shall submit a report to the
Congress on the results of the pilot program and on progress made in
developing improved containers and equivalent technologies. The report
may be submitted in classified and redacted formats.
(6) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the Secretary of Homeland Security
such sums as are necessary to carry out this section. Such sums shall
remain available until expended.
(f) COST-SHARING- Not later than 45 days after the date of
the enactment of this Act, the Secretary of Homeland Security, in
consultation with representatives of air carriers, airport operators,
and other interested parties, shall submit to the Senate and the House
of Representatives--
(1) a proposed formula for cost-sharing, for the
advanced in-line baggage screening equipment required by this title,
between and among the Federal Government, State and local governments,
and the private sector that reflects proportionate national security
benefits and private sector benefits for such enhancement; and
(2) recommendations, including recommended legislation,
for an equitable, feasible, and expeditious system for defraying the
costs of the advanced in-line baggage screening equipment required by
this title, which may be based on the formula proposed under paragraph
(1).
SEC. 1035. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
Subtitle D--National Preparedness
SEC. 1041. THE INCIDENT COMMAND SYSTEM.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The attacks on September 11, 2001, demonstrated
that even the most robust emergency response capabilities can be
overwhelmed if an attack is large enough.
(2) Teamwork, collaboration, and cooperation at an incident site are critical to a successful response to a terrorist attack.
(3) Key decision makers who are represented at the
incident command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) Regular joint training at all levels is essential to ensuring close coordination during an actual incident.
(5) Beginning with fiscal year 2005, the Department of
Homeland Security is requiring that entities adopt the Incident Command
System and other concepts of the National Incident Management System in
order to qualify for funds distributed by the Office of State and Local
Government Coordination and Preparedness.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) emergency response agencies nationwide should adopt the Incident Command System;
(2) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command system; and
(3) the Secretary of Homeland Security should require,
as a further condition of receiving homeland security preparedness
funds from the Office of State and Local Government Coordination and
Preparedness, that grant applicants document measures taken to fully
and aggressively implement the Incident Command System and unified
command procedures.
SEC. 1042. NATIONAL CAPITAL REGION MUTUAL AID.
(a) DEFINITIONS- In this section:
(1) AUTHORIZED REPRESENTATIVE OF THE FEDERAL
GOVERNMENT- The term `authorized representative of the Federal
Government' means any individual or individuals designated by the
President with respect to the executive branch, the Chief Justice with
respect to the Federal judiciary, or the President of the Senate and
Speaker of the House of Representatives with respect to Congress, or
their designees, to request assistance under a Mutual Aid Agreement for
an emergency or public service event.
(2) CHIEF OPERATING OFFICER- The term `chief operating
officer' means the official designated by law to declare an emergency
in and for the locality of that chief operating officer.
(3) EMERGENCY- The term `emergency' means a major
disaster or emergency declared by the President, or a state of
emergency declared by the Mayor of the District of Columbia, the
Governor of the State of Maryland or the Commonwealth of Virginia, or
the declaration of a local emergency by the chief operating officer of
a locality, or their designees, that triggers mutual aid under the
terms of a Mutual Aid Agreement.
(4) EMPLOYEE- The term `employee' means the employees
of the party, including its agents or authorized volunteers, who are
committed in a Mutual Aid Agreement to prepare for or who respond to an
emergency or public service event.
(5) LOCALITY- The term `locality' means a county, city,
or town within the State of Maryland or the Commonwealth of Virginia
and within the National Capital Region.
(6) MUTUAL AID AGREEMENT- The term `Mutual Aid
Agreement' means an agreement, authorized under subsection (b) for the
provision of police, fire, rescue and other public safety and health or
medical services to any party to the agreement during a public service
event, an emergency, or pre-planned training event.
(7) NATIONAL CAPITAL REGION OR REGION- The term
`National Capital Region' or `Region' means the area defined under
section 2674(f)(2) of title 10, United States Code, and those counties
with a border abutting that area and any municipalities therein.
(8) PARTY- The term `party' means the State of
Maryland, the Commonwealth of Virginia, the District of Columbia, and
any of the localities duly executing a Mutual Aid Agreement under this
section.
(9) PUBLIC SERVICE EVENT- The term `public service event'--
(A) means any undeclared emergency, incident or
situation in preparation for or response to which the Mayor of the
District of Columbia, an authorized representative of the Federal
Government, the Governor of the State of Maryland, the Governor of the
Commonwealth of Virginia, or the chief operating officer of a locality
in the National Capital Region, or their designees, requests or
provides assistance under a Mutual Aid Agreement within the National
Capital Region; and
(B) includes Presidential inaugurations, public
gatherings, demonstrations and protests, and law enforcement, fire,
rescue, emergency health and medical services, transportation,
communications, public works and engineering, mass care, and other
support that require human resources, equipment, facilities or services
supplemental to or greater than the requesting jurisdiction can provide.
(10) STATE- The term `State' means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia.
(11) TRAINING- The term `training' means emergency and
public service event-related exercises, testing, or other activities
using equipment and personnel to simulate performance of any aspect of
the giving or receiving of aid by National Capital Region jurisdictions
during emergencies or public service events, such actions occurring
outside actual emergency or public service event periods.
(b) MUTUAL AID AUTHORIZED-
(1) IN GENERAL- The Mayor of the District of Columbia,
any authorized representative of the Federal Government, the Governor
of the State of Maryland, the Governor of the Commonwealth of Virginia,
or the chief operating officer of a locality, or their designees,
acting within his or her jurisdictional purview, may, subject to State
law, enter into, request or provide assistance under Mutual Aid
Agreements with localities, the Washington Metropolitan Area Transit
Authority, the Metropolitan Washington Airports Authority, and any
other governmental agency or authority for--
(A) law enforcement, fire, rescue, emergency health
and medical services, transportation, communications, public works and
engineering, mass care, and resource support in an emergency or public
service event;
(B) preparing for, mitigating, managing, responding to or recovering from any emergency or public service event; and
(C) training for any of the activities described under subparagraphs (A) and (B).
(2) FACILITATING LOCALITIES- The State of Maryland and
the Commonwealth of Virginia are encouraged to facilitate the ability
of localities to enter into interstate Mutual Aid Agreements in the
National Capital Region under this section.
(3) APPLICATION AND EFFECT- This section--
(A) does not apply to law enforcement security
operations at special events of national significance under section
3056(e) of title 18, United States Code, or other law enforcement
functions of the United States Secret Service;
(B) does not diminish any authorities, express or
implied, of Federal agencies to enter into Mutual Aid Agreements in
furtherance of their Federal missions; and
(i) preclude any party from entering into
supplementary Mutual Aid Agreements with fewer than all the parties, or
with another party; or
(ii) affect any other agreement in effect
before the date of enactment of this Act among the States and
localities, including the Emergency Management Assistance Compact.
(4) RIGHTS DESCRIBED- Other than as described in this
section, the rights and responsibilities of the parties to a Mutual Aid
Agreement entered into under this section shall be as described in the
Mutual Aid Agreement.
(c) DISTRICT OF COLUMBIA-
(1) IN GENERAL- The District of Columbia may purchase
liability and indemnification insurance or become self insured against
claims arising under a Mutual Aid Agreement authorized under this
section.
(2) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated such sums as may be necessary to carry
out paragraph (1).
(d) LIABILITY AND ACTIONS AT LAW-
(1) IN GENERAL- Any responding party or its officers or
employees rendering aid or failing to render aid to the District of
Columbia, the Federal Government, the State of Maryland, the
Commonwealth of Virginia, or a locality, under a Mutual Aid Agreement
authorized under this section, and any party or its officers or
employees engaged in training activities with another party under such
a Mutual Aid Agreement, shall be liable on account of any act or
omission of its officers or employees while so engaged or on account of
the maintenance or use of any related equipment, facilities, or
supplies, but only to the extent permitted under the laws and
procedures of the State of the party rendering aid.
(2) ACTIONS- Any action brought against a party or its
officers or employees on account of an act or omission in the rendering
of aid to the District of Columbia, the Federal Government, the State
of Maryland, the Commonwealth of Virginia, or a locality, or failure to
render such aid or on account of the maintenance or use of any related
equipment, facilities, or supplies may be brought only under the laws
and procedures of the State of the party rendering aid and only in the
Federal or State courts located therein. Actions against the United
States under this section may be brought only in Federal courts.
(3) GOOD FAITH EXCEPTION-
(A) DEFINITION- In this paragraph, the term `good
faith' shall not include willful misconduct, gross negligence, or
recklessness.
(B) EXCEPTION- No State or locality, or its
officers or employees, rendering aid to another party, or engaging in
training, under a Mutual Aid Agreement shall be liable under Federal
law on account of any act or omission performed in good faith while so
engaged, or on account of the maintenance or use of any related
equipment, facilities, or supplies performed in good faith.
(4) IMMUNITIES- This section shall not abrogate any
other immunities from liability that any party has under any other
Federal or State law.
(d) WORKERS COMPENSATION-
(1) COMPENSATION- Each party shall provide for the
payment of compensation and death benefits to injured members of the
emergency forces of that party and representatives of deceased members
of such forces if such members sustain injuries or are killed while
rendering aid to the District of Columbia, the Federal Government, the
State of Maryland, the Commonwealth of Virginia, or a locality, under a
Mutual Aid Agreement, or engaged in training activities under a Mutual
Aid Agreement, in the same manner and on the same terms as if the
injury or death were sustained within their own jurisdiction.
(2) OTHER STATE LAW- No party shall be liable under the
law of any State other than its own for providing for the payment of
compensation and death benefits to injured members of the emergency
forces of that party and representatives of deceased members of such
forces if such members sustain injuries or are killed while rendering
aid to the District of Columbia, the Federal Government, the State of
Maryland, the Commonwealth of Virginia, or a locality, under a Mutual
Aid Agreement or engaged in training activities under a Mutual Aid
Agreement.
(e) LICENSES AND PERMITS- If any person holds a license,
certificate, or other permit issued by any responding party evidencing
the meeting of qualifications for professional, mechanical, or other
skills and assistance is requested by a receiving jurisdiction, such
person will be deemed licensed, certified, or permitted by the
receiving jurisdiction to render aid involving such skill to meet a
public service event, emergency or training for any such events.
SEC. 1043. URBAN AREA COMMUNICATIONS CAPABILITIES.
(a) IN GENERAL- Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following:
`SEC. 510. HIGH RISK URBAN AREA COMMUNICATIONS CAPABILITIES.
`The Secretary, in consultation with the Federal
Communications Commission and the Secretary of Defense, and with
appropriate governors, mayors, and other State and local government
officials, shall encourage and support the establishment of consistent
and effective communications capabilities in the event of an emergency
in urban areas determined by the Secretary to be at consistently high
levels of risk from terrorist attack. Such communications capabilities
shall ensure the ability of all levels of government agencies,
including military authorities, and of first responders, hospitals, and
other organizations with emergency response capabilities to communicate
with each other in the event of an emergency. Additionally, the
Secretary, in conjunction with the Secretary of Defense, shall develop
plans to provide back-up and additional communications support in the
event of an emergency.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- Section 1(b) of
that Act is amended by inserting after the item relating to section 509
the following:
`Sec. 510. High risk urban area communications capabilities.'.
SEC. 1044. PRIVATE SECTOR PREPAREDNESS.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) Private sector organizations own 85 percent of the
Nation's critical infrastructure and employ the vast majority of the
Nation's workers.
(2) Unless a terrorist attack targets a military or
other secure government facility, the first people called upon to
respond will likely be civilians.
(3) Despite the exemplary efforts of some private
entities, the private sector remains largely unprepared for a terrorist
attack, due in part to the lack of a widely accepted standard for
private sector preparedness.
(4) Preparedness in the private sector and public sector for rescue, restart and recovery of operations should include--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(5) The American National Standards Institute
recommends a voluntary national preparedness standard for the private
sector based on the existing American National Standard on
Disaster/Emergency Management and Business Continuity Programs (NFPA
1600), with appropriate modifications. This standard would establish a
common set of criteria and terminology for preparedness, disaster
management, emergency management, and business continuity programs.
(6) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as government
entities.
(b) Private Sector Preparedness Program-
(1) IN GENERAL- Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 805, is amended by
adding at the end the following:
`SEC. 511. PRIVATE SECTOR PREPAREDNESS PROGRAM.
`The Secretary shall establish a program to promote private
sector preparedness for terrorism and other emergencies, including
promoting the adoption of a voluntary national preparedness standard
such as the private sector preparedness standard developed by the
American National Standards Institute and based on the National Fire
Protection Association 1600 Standard on Disaster/Emergency Management
and Business Continuity Programs.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- Section 1(b) of
that Act, as amended by section 805, is amended by inserting after the
item relating to section 510 the following:
`Sec. 511. Private sector preparedness program.'.
(c) SENSE OF CONGRESS- It is the sense of Congress that
insurance and credit-rating industries should consider compliance with
the voluntary national preparedness standard, the adoption of which is
promoted by the Secretary of Homeland Security under section 511 of the
Homeland Security Act of 2002, as added by subsection (b), in assessing
insurability and credit worthiness.
SEC. 1045. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) FINDINGS- Congress finds the following:
(1) Under section 201 of the Homeland Security Act of
2002 (6 U.S.C 121), the Department of Homeland Security, through the
Under Secretary for Information Analysis and Infrastructure Protection,
has the responsibility--
(A) to carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastructure of the
United States, including the performance of risk assessments to
determine the risks posed by particular types of terrorist attacks
within the United States;
(B) to identify priorities for protective and supportive measures; and
(C) to develop a comprehensive national plan for securing the key resources and critical infrastructure of the United States.
(2) Under Homeland Security Presidential Directive 7,
issued on December 17, 2003, the Secretary of Homeland Security was
given 1 year to develop a comprehensive plan to identify, prioritize,
and coordinate the protection of critical infrastructure and key
resources.
(3) Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, the Secretary
of Homeland Security should--
(A) identify those elements of the United States'
transportation, energy, communications, financial, and other
institutions that need to be protected;
(B) develop plans to protect that infrastructure; and
(C) exercise mechanisms to enhance preparedness.
(b) REPORTS ON RISK ASSESSMENT AND READINESS- Not later
than 180 days after the date of enactment of this Act and annually
thereafter, the Secretary of Homeland Security shall submit a report to
Congress on--
(1) the Department of Homeland Security's progress in
completing vulnerability and risk assessments of the Nation's critical
infrastructure;
(2) the adequacy of the Government's plans to protect such infrastructure; and
(3) the readiness of the Government to respond to threats against the United States.
SEC. 1046. REPORT ON NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(1) The Department of Defense has primary responsibility for the military defense of the United States.
(2) Prior to September 11, 2001, the North American
Aerospace Defense Command (NORAD), which had responsibility for
defending United States airspace, focused on threats coming from
outside the borders of the United States.
(3) The United States Northern Command has been
established to assume responsibility for the military defense of the
United States, as well as to provide military support to civil
authorities.
(b) SENSE OF CONGRESS- It is the sense of Congress that the
Secretary of Defense should regularly assess the adequacy of the plans
and strategies of the United States Northern Command with a view to
ensuring that the United States Northern Command is prepared to respond
effectively to all threats within the United States, should it be
called upon to do so by the President.
(1) REQUIREMENT FOR REPORT- The Secretary of Defense
shall submit to the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives an annual
report describing the plans and strategies of the United States
Northern Command to defend the United States against all threats within
the United States, in the case that it is called upon to do so by the
President.
(2) SUBMISSION OF REPORT- The annual report required by
paragraph (1) shall be submitted in conjunction with the submission of
the President's budget request to Congress.
SEC. 1047. EFFECTIVE DATE.
Notwithstanding section 341 or any other provision of this
Act, this title takes effect on the date of the enactment of this Act.
Subtitle E--Homeland Security Grants
SEC. 1051. SHORT TITLE.
This title may be cited as the `Homeland Security Grant Enhancement Act of 2004'.
SEC. 1052. DEFINITIONS.
In this title, the following definitions shall apply:
(1) INSULAR AREA- The term `insular area' means
American Samoa, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(2) LARGE HIGH-THREAT STATE FUND- The term `Large
High-Threat State Fund' means the fund containing amounts authorized to
be appropriated for States that elect to receive Federal financial
assistance through a per capita share of 38.625 percent of the amount
appropriated for the State Homeland Security Grant Program.
(3) LOCAL GOVERNMENT- The term `local government' has
the same meaning given that term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101).
(4) STATE- The term `State' means each of the several States of the United States and the District of Columbia.
(5) STATE HOMELAND SECURITY GRANT PROGRAM- The term
`State Homeland Security Grant Program' means the program receiving 75
percent of the amount appropriated for the Threat-Based Homeland
Security Grant Program.
(6) THREAT-BASED HOMELAND SECURITY GRANT PROGRAM- The
term `Threat-Based Homeland Security Grant Program' means the program
authorized under section 6.
(7) URBAN AREA SECURITY INITIATIVE GRANT PROGRAM- The
term `Urban Area Security Initiative Grant Program' means the program
receiving 25 percent of the amount appropriated for the Threat-Based
Homeland Security Grant Program.
SEC. 1053. PRESERVATION OF PRE-9/11 GRANT PROGRAMS FOR TRADITIONAL FIRST RESPONDER MISSIONS.
(a) IN GENERAL- This title shall not be construed to affect
any authority to award grants under any Federal grant program listed
under subsection (b), which existed on September 10, 2001, to enhance
traditional missions of State and local law enforcement, firefighters,
ports, emergency medical services, or public health missions.
(b) PROGRAMS INCLUDED- The programs referred to in subsection (a) are the following:
(1) The Firefighter Assistance Program authorized under
section 33 of the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2229).
(2) The Emergency Management Performance Grant Program and the Urban Search and Rescue Grant program authorized under--
(A) title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.);
(B) the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
2000 (Public Law 106-74; 113 Stat. 1047 et seq.); and
(C) the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
(4) The Edward Byrne Memorial State and Local Law
Enforcement Assistance Programs authorized under part E of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750
et seq.).
(5) The Public Safety and Community Policing (COPS ON
THE BEAT) Grant Program authorized under part Q of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd et
seq.).
(6) Grant programs under the Public Health Service Act
regarding preparedness for bioterrorism and other public health
emergencies and the Emergency Response Assistance Program authorized
under section 1412 of the Defense Against Weapons of Mass Destruction
Act of 1996 (50 U.S.C. 2312).
(7) Grant programs under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121-5206).
SEC. 1054. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND SECURITY GRANT PROGRAMS.
(a) IN GENERAL- The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by inserting after section 801 the following:
`SEC. 802. INTERAGENCY COMMITTEE TO COORDINATE AND STREAMLINE HOMELAND SECURITY GRANT PROGRAMS.
`(1) IN GENERAL- The Secretary, in coordination with
the Attorney General, the Secretary of Health and Human Services, the
Secretary of Transportation, the Administrator of the Environmental
Protection Agency, and other agencies providing assistance for first
responder preparedness, as identified by the President, shall establish
the Interagency Committee to Coordinate and Streamline Homeland
Security Grant Programs (referred to in this subtitle as the
`Interagency Committee').
`(2) COMPOSITION- The Interagency Committee shall be composed of--
`(A) a representative of the Department;
`(B) a representative of the Department of Health and Human Services;
`(C) a representative of the Department of Transportation;
`(D) a representative of the Department of Justice;
`(E) a representative of the Environmental Protection Agency; and
`(F) a representative of any other department or agency determined to be necessary by the President.
`(3) RESPONSIBILITIES- The Interagency Committee shall--
`(A) report on findings to the Information Clearinghouse established under section 801(d);
`(B) consult with State and local governments and
emergency response providers regarding their homeland security needs
and capabilities;
`(C) advise the Secretary on the development of
performance measures for homeland security grant programs and the
national strategy for homeland security;
`(D) compile a list of homeland security assistance programs;
`(E) not later than 1 year after the effective date of the Homeland Security Grant Enhancement Act of 2004--
`(i) develop a proposal to coordinate, to the
maximum extent practicable, the planning, reporting, application, and
other guidance documents contained in homeland security assistance
programs to eliminate all redundant and duplicative requirements; and
`(ii) submit the proposal developed under clause (i) to Congress and the President.
`(b) ADMINISTRATION- The Department shall provide administrative support to the Interagency Committee, which shall include--
`(1) scheduling meetings;
`(3) maintaining minutes and records; and
`(c) CHAIRPERSON- The Secretary shall designate a chairperson of the Interagency Committee.
`(d) MEETINGS- The Interagency Committee shall meet--
`(1) at the call of the Secretary; or
`(2) not less frequently than once every 1 month.'.
(b) TECHNICAL AND CONFORMING AMENDMENT- The table of
contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by inserting after the item relating to section 801 the
following:
`Sec. 802. Interagency Committee to Coordinate and Streamline Homeland Security Grant Programs.'.
SEC. 1055. STREAMLINING FEDERAL HOMELAND SECURITY GRANTS.
(a) DIRECTOR OF STATE AND LOCAL GOVERNMENT COORDINATION AND
PREPAREDNESS- Section 801(a) of the Homeland Security Act of 2002 (6
U.S.C. 361(a)) is amended to read as follows:
`(1) IN GENERAL- There is established within the Office
of the Secretary the Office for State and Local Government Coordination
and Preparedness, which shall oversee and coordinate departmental
programs for, and relationships with, State and local governments.
`(2) EXECUTIVE DIRECTOR- The Office established under
paragraph (1) shall be headed by the Executive Director of State and
Local Government Coordination and Preparedness, who shall be appointed
by the President, by and with the advice and consent of the Senate.'.
(b) OFFICE FOR DOMESTIC PREPAREDNESS- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(1) by redesignating section 430 as section 803 and
transferring that section to the end of subtitle A of title VIII, as
amended by section 4; and
(2) in section 803, as redesignated by paragraph (1)--
(A) in subsection (a), by striking `the Directorate
of Border and Transportation Security' and inserting `the Office for
State and Local Government Coordination and Preparedness';
(B) in subsection (b), by striking `who shall be
appointed by the President' and all that follows and inserting `who
shall report directly to the Executive Director of State and Local
Government Coordination and Preparedness.';
(I) by striking `other' and inserting `the';
(II) by striking `consistent with the mission and functions of the Directorate'; and
(III) by striking `and' at the end; and
(I) by inserting `carrying out' before `those elements';
(II) by striking the period at the end and inserting `; and' ; and
(iii) by adding at the end the following:
`(9) managing the Homeland Security Information Clearinghouse established under section 801(d).';
(D) by redesignating subsection (d) as subsection (e).
(c) TECHNICAL AND CONFORMING AMENDMENTS- The table of
contents for the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended--
(1) by striking the item relating to section 430;
(2) by amending section 801 to read as follows:
`Sec. 801. Office of State and Local Government Coordination and Preparedness.'; and
(3) by inserting after the item relating to section 802, as added by this Act, the following:
`Sec. 803. Office for Domestic Preparedness.'.
(d) ESTABLISHMENT OF HOMELAND SECURITY INFORMATION
CLEARINGHOUSE- Section 801 of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.), as amended by subsection (a), is further amended
by adding at the end the following:
`(d) HOMELAND SECURITY INFORMATION CLEARINGHOUSE-
`(1) ESTABLISHMENT- There is established within the
Office for State and Local Government Coordination a Homeland Security
Information Clearinghouse (referred to in this section as the
`Clearinghouse'), which shall assist States, local governments, and
first responders in accordance with paragraphs (2) through (6).
`(2) HOMELAND SECURITY GRANT INFORMATION- The
Clearinghouse shall create a new website or enhance an existing
website, establish a toll-free number, and produce a single publication
that each contain information regarding the homeland security grant
programs identified under section 802(a)(4).
`(3) TECHNICAL ASSISTANCE- The Clearinghouse, in
consultation with the Interagency Committee established under section
802, shall provide information regarding--
`(A) technical assistance provided by any Federal
agency to States and local governments regarding homeland security
matters; and
`(B) templates for conducting threat analyses and vulnerability assessments.
`(4) BEST PRACTICES- The Clearinghouse shall work with
States, local governments, emergency response providers and the
National Domestic Preparedness Consortium, and private organizations to
gather, validate, and disseminate information regarding successful
State and local homeland security programs and practices.
`(5) USE OF FEDERAL FUNDS- The Clearinghouse shall
compile information regarding equipment, training, and other services
purchased with Federal funds provided under the homeland security grant
programs identified under section 802(a)(4), and make such information,
and information regarding voluntary standards of training, equipment,
and exercises, available to States, local governments, and first
responders.
`(6) OTHER INFORMATION- The Clearinghouse shall provide
States, local governments, and first responders with any other
information that the Secretary determines necessary.'.
SEC. 1056. THREAT-BASED HOMELAND SECURITY GRANT PROGRAM.
(a) GRANTS AUTHORIZED- The Secretary of Homeland Security
(referred to in this section as the `Secretary') may award grants to
States and local governments to enhance homeland security.
(1) IN GENERAL- Grants awarded under subsection (a)--
(A) shall be used to address homeland security
matters related to acts of terrorism or major disasters and related
capacity building; and
(B) shall not be used to supplant ongoing first responder expenses or general protective measures.
(2) ALLOWABLE USES- Grants awarded under subsection (a) may be used to--
(A) develop State plans or risk assessments
(including the development of the homeland security plan) to respond to
terrorist attacks and strengthen all hazards emergency planning and
communitywide plans for responding to terrorist or all hazards
emergency events that are coordinated with the capacities of applicable
Federal, State, and local governments, first responders, and State and
local government health agencies;
(B) develop State, regional, or local mutual aid agreements;
(C) purchase or upgrade equipment based on State and local needs as identified under a State homeland security plan;
(D) conduct exercises to strengthen emergency
preparedness of State and local first responders including law
enforcement, firefighting personnel, and emergency medical service
workers, and other emergency responders identified in a State homeland
security plan;
(E) pay for overtime expenses relating to--
(i) training activities consistent with the goals outlined in a State homeland security plan;
(ii) as determined by the Secretary, activities
relating to an increase in the threat level under the Homeland Security
Advisory System; and
(iii) any other activity relating to the State Homeland Security Strategy, and approved by the Secretary;
(F) promote training regarding homeland security preparedness including--
(i) emergency preparedness responses to a use or threatened use of a weapon of mass destruction; and
(ii) training in the use of equipment,
including detection, monitoring, and decontamination equipment, and
personal protective gear; and
(G) conduct any activity permitted under the Law Enforcement Terrorism Prevention Grant Program.
(A) CONSTRUCTION- Grants awarded under subsection
(a) may not be used to construct buildings or other physical
facilities, except those described in section 611 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196)
and approved by the Secretary in the homeland security plan certified
under subsection (d), or to acquire land.
(B) COST SHARING- Grant funds provided under this
section shall not be used for any State or local government cost
sharing contribution request under this section.
(1) SUBMISSION- A State may apply for a grant under
this section by submitting to the Secretary an application at such
time, and in such manner, and containing such information the Secretary
may reasonably require.
(2) REVISIONS- A State may revise a homeland security
plan certified under subsection (d) at the time an application is
submitted under paragraph (1) after receiving approval from the
Secretary.
(3) APPROVAL- The Secretary shall not award a grant
under this section unless the application submitted by the State
includes a homeland security plan meeting the requirements of
subsection (d).
(4) RELEASE OF FUNDS- The Secretary shall release grant
funds to States with approved plans after the approval of an
application submitted under this subsection.
(d) HOMELAND SECURITY PLAN-
(1) IN GENERAL- An application submitted under
subsection (c) shall include a certification that the State has
prepared a 3-year State homeland security plan (referred to in this
subsection as the `plan') to respond to terrorist attacks and
strengthen all hazards emergency planning that has been approved by the
Secretary.
(2) CONTENTS- The plan shall contain measurable goals and objectives that--
(A) establish a 3-year strategy to set priorities
for the allocation of funding to political subdivisions based on the
risk, capabilities, and needs described under paragraph (3)(C);
(B) provide for secure interoperable communications;
(C) provide for local coordination of response and
recovery efforts, including procedures for effective incident command
in conformance with the National Incident Management System;
(D) ensure that first responders and other
emergency personnel have adequate training and appropriate equipment
for the threats that may occur;
(E) provide for improved coordination and
collaboration among police, fire, and public health authorities at
State and local levels;
(F) coordinate emergency response and public health plans;
(G) mitigate risks to critical infrastructure that may be vulnerable to terrorist attacks;
(H) promote regional coordination among contiguous local governments;
(I) identify necessary protective measures by private owners of critical infrastructure;
(J) promote orderly evacuation procedures when necessary;
(K) ensure support from the public health community
for measures needed to prevent, detect and treat bioterrorism, and
radiological and chemical incidents;
(L) increase the number of local jurisdictions participating in local and statewide exercises;
(M) meet preparedness goals as determined by the Secretary; and
(N) include a report from the relevant advisory
committee established under paragraph (3)(D) that documents the areas
of support, disagreement, or recommended changes to the plan before its
submission to the Secretary.
(A) IN GENERAL- In preparing the plan under this section, a State shall--
(i) provide for the consideration of all homeland security needs;
(ii) follow a process that is continuing, inclusive, cooperative, and comprehensive, as appropriate; and
(iii) coordinate the development of the plan with the homeland security planning activities of local governments.
(B) COORDINATION WITH LOCAL PLANNING ACTIVITIES-
The coordination under subparagraph (A)(iii) shall contain input from
local stakeholders, including--
(i) local officials, including representatives of rural, high-population, and high-threat jurisdictions;
(ii) first responders and emergency response providers; and
(iii) private sector companies, such as railroads and chemical manufacturers.
(C) SCOPE OF PLANNING- Each State preparing a plan
under this section shall, in conjunction with the local stakeholders
under subparagraph (B), address all the information requested by the
Secretary, and complete a comprehensive assessment of--
(I) vulnerability assessment;
(II) threat assessment; and
(III) public health assessment, in coordination with the State bioterrorism plan; and
(ii) capabilities and needs, including--
(I) an evaluation of current preparedness,
mitigation, and response capabilities based on such assessment
mechanisms as shall be determined by the Secretary;
(II) an evaluation of capabilities needed to address the risks described under clause (i); and
(III) an assessment of the shortfall
between the capabilities described under subclause (I) and the required
capabilities described under subclause (II).
(i) IN GENERAL- Each State preparing a plan
under this section shall establish an advisory committee to receive
comments from the public and the local stakeholders identified under
subparagraph (B).
(ii) COMPOSITION- The Advisory Committee shall
include local officials, local first responders, and emergency response
providers that are representative of the counties, cities, and towns
within the State, and which shall include representatives of rural,
high-population, and high-threat jurisdictions.
(4) PLAN APPROVAL- The Secretary shall approve a plan upon finding that the plan meets the requirements of--
(A) paragraphs (2) and (3);
(B) the interim performance measurements under
subsection (g)(1), or the national performance standards under
subsection (g)(2); and
(C) any other criteria the Secretary determines necessary to the approval of a State plan.
(5) REVIEW OF ADVISORY COMMITTEE REPORT- The Secretary
shall review the recommendations of the advisory committee report
incorporated into a plan under subsection (d)(2)(N), including any
dissenting views submitted by advisory committee members, to ensure
cooperation and coordination between local and State jurisdictions in
planning the use of grant funds under this section.
(e) TENTATIVE ALLOCATION-
(1) URBAN AREA SECURITY INITIATIVE GRANT PROGRAM-
(A) IN GENERAL- The Secretary shall allocate 25
percent of the funds appropriated under the Threat-Based Homeland
Security Grant Program for discretionary grants to be provided directly
to local governments, including multistate entities established by a
compact between 2 or more States, in high threat areas, as determined
by the Secretary based on the criteria under subparagraph (B).
(B) CRITERIA- The Secretary shall ensure that each
local government receiving a grant on the basis of terrorist threat
under this paragraph--
(i) has a large population or high population density;
(ii) has a high degree of threat, risk, and
vulnerability related to critical infrastructure or not less than 1 key
asset identified by the Secretary or State homeland security plan;
(iii) has an international border with Canada
or Mexico, or coastline bordering international waters of Canada,
Mexico, or bordering the Atlantic Ocean, the Pacific Ocean, or the Gulf
of Mexico; or
(iv) are subject to other threat factors specified in writing by the Secretary.
(C) CONSISTENCY- Any grant awarded under this
paragraph shall be used to supplement and support, in a consistent and
coordinated manner, those activities and objectives described under
subsection (b) or a State homeland security plan.
(D) COORDINATION- The Secretary shall ensure that
any grants made under this paragraph encourage multiple contiguous
units of local government and mutual aid partners to coordinate any
homeland security activities.
(2) STATE HOMELAND SECURITY GRANT PROGRAM-
(A) STATES- Each State whose application is
approved under subsection (c) shall receive, for each fiscal year, the
greater of--
(i) 0.75 percent of the amounts appropriated for the State Homeland Security Grant Program; or
(ii) the State's per capita share, as defined
by the 2002 census population estimate, of 38.625 percent of the State
Homeland Security Grant Program.
(B) INSULAR AREAS- Each insular area shall receive, for each fiscal year, the greater of--
(i) 0.075 percent of the amounts appropriated for the State Homeland Security Grant Program; or
(ii) the insular area's per capita share, as
defined by the 2002 census population estimate, of 38.625 percent of
the State Homeland Security Grant Program.
(3) SECONDARY DISTRIBUTION- After the distribution of
funds under paragraph (2), the Secretary shall, from the remaining
funds for the State Homeland Security Grant Program and 10.8 percent of
the amount appropriated for the Threat-Based Homeland Security Grant
Program pursuant to subsection (j)(1), distribute on the basis of
terrorist threat amounts to each State that--
(A) has a substantial percentage of its population
residing in Metropolitan Statistical Areas, as defined by the Office of
Management and Budget;
(B) has a high degree of threat, risk, and
vulnerability related to critical infrastructure or not less than 1 key
asset identified by the Secretary or State homeland security plan;
(C) has an international border with Canada or
Mexico, or coastline bordering international waters of Canada, Mexico,
or bordering the Atlantic Ocean, the Pacific Ocean, or the Gulf of
Mexico; or
(D) are subject to other threat factors specified in writing by the Secretary.
(4) DISTRIBUTION OF FUNDS- If the amounts tentatively
allocated under paragraphs (1) through (3) equal the sum of the amounts
appropriated pursuant to subsection (j), the Secretary shall distribute
the appropriated amounts based on the tentative allocation.
(5) PROPORTIONAL REDUCTION- If the amount appropriated
for the Large High-Threat State Fund pursuant to subsection (j)(2) is
less than 10.8 percent of the amount appropriated for the Threat-Based
Homeland Security Grant Program pursuant to subsection (j)(1), the
Secretary shall proportionately reduce the amounts tentatively
allocated under paragraphs (1) through (3) so that the amount
distributed is equal to the sum of the amounts appropriated for such
programs.
(6) FUNDING FOR LOCAL ENTITIES AND FIRST RESPONDERS-
The Secretary shall require recipients of the State Homeland Security
Grant to provide local governments and first responders, consistent
with the applicable State homeland security plan, with not less than 80
percent of the grant funds, the resources purchased with such grant
funds, or a combination thereof, not later than 60 days after receiving
grant funding.
(7) SUPPLEMENT NOT SUPPLANT- Amounts appropriated for
grants under this subsection shall be used to supplement and not
supplant other State and local public funds obligated for the purposes
provided under this Act.
(8) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM-
(A) IN GENERAL- The Secretary shall designate not
more than 25 percent of the amounts allocated through the State
Homeland Security Grant Program to be used for the Law Enforcement
Terrorism Prevention Program to provide grants to law enforcement
agencies to enhance capabilities for terrorism prevention.
(B) USE OF FUNDS- Grants awarded under this paragraph may be used for--
(i) information sharing to preempt terrorist attacks;
(ii) target hardening to reduce the vulnerability of selected high value targets;
(iii) threat recognition to recognize the potential or development of a threat;
(iv) intervention activities to interdict terrorists before they can execute a threat;
(v) interoperable communication systems;
(vi) overtime expenses related to the State Homeland Security Strategy approved by the Secretary; and
(vii) any other terrorism prevention activity authorized by the Secretary.
(f) REPORT ON HOMELAND SECURITY SPENDING- Each recipient of
a grant under this section shall annually submit a report to the
Secretary that contains--
(A) an accounting of the amount of State and local
funds spent on homeland security activities under the applicable State
homeland security plan; and
(B) information regarding the use of grant funds by units of local government as required by the Secretary.
(1) INTERIM PERFORMANCE MEASURES-
(A) IN GENERAL- Before establishing performance
standards under paragraph (2), the Secretary shall assist each State in
establishing interim performance measures based upon--
(i) the goals and objectives under subsection (d)(2); and
(ii) any other factors determined by the Secretary.
(B) ANNUAL REPORT- Before establishing performance
measures under paragraph (2), each State with an approved State plan
shall submit to the Secretary a report detailing the progress the State
has made in meeting the interim performance measures established under
subparagraph (A).
(2) NATIONAL PERFORMANCE STANDARDS-
(A) IN GENERAL- Not later than 1 year after the
date of enactment of this Act, the Secretary shall set national
performance standards based in part on the goals and objectives under
subsection (d)(2) and any other factors the Secretary determines
relevant.
(B) COMPLIANCE- The Secretary shall ensure that State plans are in conformance with the standards set under subparagraph (A).
(C) ANNUAL REPORT- After the establishment of
performance standards under subparagraph (A), each State with an
approved State homeland security plan shall submit to the Secretary a
report on the progress the State has made in meeting such standards.
(3) GENERAL ACCOUNTING OFFICE ACCESS TO INFORMATION-
Each recipient of a grant under this section and the Department of
Homeland Security shall provide the General Accounting Office with full
access to information regarding the activities carried out under this
section.
(4) AUDIT- Grant recipients that expend $500,000 or
more in Federal funds during any fiscal year shall submit to the
Secretary an organization wide financial and compliance audit report in
conformance with the requirements of chapter 75 of title 31, United
States Code.
(h) REMEDIES FOR NON-COMPLIANCE-
(1) IN GENERAL- If the Secretary finds, after
reasonable notice and an opportunity for a hearing, that a recipient of
a grant under this section has failed to substantially comply with any
provision of this section, the Secretary shall--
(A) terminate any payment of grant funds to be made to the recipient under this section;
(B) reduce the amount of payment of grant funds to
the recipient by an amount equal to the amount of grants funds that
were not expended by the recipient in accordance with this section; or
(C) limit the use of grant funds received under
this section to programs, projects, or activities not affected by the
failure to comply.
(2) DURATION OF PENALTY- The Secretary shall apply an
appropriate penalty under paragraph (1) until such time as the
Secretary determines that the grant recipient is in full compliance
with this section.
(3) DIRECT FUNDING- If a State fails to substantially
comply with any provision of this section, including failing to provide
local governments with grant funds or resources purchased with grant
funds in a timely fashion, a local government entitled to receive such
grant funds or resources may petition the Secretary, at such time and
in such manner as determined by the Secretary, to request that grant
funds or resources be provided directly to the local government.
(i) PARTICIPATION OF UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND RESPONSE-
(1) PARTICIPATION- The Under Secretary for Emergency
Preparedness and Response shall participate in the grantmaking process
for the Threat-Based Homeland Security Grant Program for nonlaw
enforcement-related grants in order to ensure that preparedness grants,
where appropriate, are consistent, and are not in conflict, with the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
(2) REPORTS- The Under Secretary for Emergency
Preparedness and Response shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an annual report that
describes--
(A) the status of the Threat-Based Homeland Security Grant Program; and
(B) the impact of that program on programs
authorized under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
(j) REPORTS TO CONGRESS- The Secretary shall submit an annual report to Congress that provides--
(1) findings relating to the performance standards established under subsection (g);
(2) the status of preparedness goals and objectives;
(3) an evaluation of how States and local governments are meeting preparedness goals and objectives;
(4) the total amount of resources provided to the States;
(5) the total amount of resources provided to units of local government; and
(6) a list of how these resources were expended.
(k) AUTHORIZATION OF APPROPRIATIONS-
(1) THREAT-BASED HOMELAND SECURITY GRANT PROGRAM- There
are authorized to be appropriated such sums as are necessary to carry
out this section.
(2) LARGE HIGH-THREAT STATE FUND- There are authorized
to be appropriated 10.8 percent of the funds appropriated in any fiscal
year pursuant to paragraph (1), which shall be used to carry out the
Large High-Threat State Fund.
SEC. 1057. ELIMINATING HOMELAND SECURITY FRAUD, WASTE, AND ABUSE.
(a) ANNUAL GENERAL ACCOUNTING OFFICE AUDIT AND REPORT-
(1) AUDIT- The Comptroller General shall conduct an annual audit of the Threat Based Homeland Security Grant Program
(2) REPORT- The Comptroller General shall provide a
report to Congress on the results of the audit conducted under
paragraph (1), which includes--
(A) an analysis of whether the grant recipients
allocated funding consistent with the State homeland security plan and
the guidelines established by the Department of Homeland Security; and
(B) the amount of funding devoted to overtime and administrative expenses.
(b) REVIEWS OF THREAT-BASED HOMELAND SECURITY FUNDING- The
Secretary, through the appropriate agency, shall conduct periodic
reviews of grants made through the Threat Based Homeland Security Grant
Program to ensure that recipients allocate funds consistent with the
guidelines established by the Department of Homeland Security.
(c) REMEDIES FOR NON-COMPLIANCE- If the Secretary
determines, after reasonable notice and an opportunity for a hearing,
that a recipient of a Threat Based Homeland Security Grant has failed
to substantially comply with any regulations or guidelines issues by
the Department regarding eligible expenditures, the Secretary shall--
(1) terminate any payment of grant funds scheduled to be made to the recipient;
(2) reduce the amount of payment of grant finds to the
recipient by an amount equal to the amount of grant funds that were not
expended by the recipient in accordance with such guidelines; or
(3) limit the use of grant funds received under the
Threat Based Homeland Security Grant Program to programs, projects, or
activities not affected by the failure to comply.
(d) DURATION OF PENALTY- The Secretary shall apply an
appropriate penalty under subsection (c) until such time as the
Secretary determines that the grant recipient is in full compliance
with the guidelines established by the Department of Homeland Security.
SEC. 1058. FLEXIBILITY IN UNSPENT HOMELAND SECURITY FUNDS.
(a) REALLOCATION OF FUNDS- The Director of the Office for
Domestic Preparedness, Department of Homeland Security, shall allow any
State to request approval to reallocate funds received pursuant to
appropriations for the State Homeland Security Grant Program under
Public Laws 105-277 (112 Stat. 2681 et seq.), 106-113 (113 Stat.
1501A-3 et seq.), 106-553 (114 Stat. 2762A-3 et seq.), 107-77 (115
Stat. 78 et seq.), or the Consolidated Appropriations Resolution of
2003 (Public Law 108-7), among the 4 categories of equipment, training,
exercises, and planning.
(b) APPROVAL OF REALLOCATION REQUESTS- The Director shall
approve reallocation requests under subsection (a) in accordance with
the State plan and any other relevant factors that the Secretary of
Homeland Security determines to be necessary.
(c) LIMITATION- A waiver under this section shall not
affect the obligation of a State to pass through 80 percent of the
amount appropriated for equipment to units of local government.
SEC. 1059. CERTIFICATION RELATIVE TO THE SCREENING OF MUNICIPAL SOLID WASTE TRANSPORTED INTO THE UNITED STATES.
(a) DEFINED TERM- In this section, the term `municipal
solid waste' includes sludge (as defined in section 1004 of the Solid
Waste Disposal Act (42 U.S.C. 6903)).
(b) REPORTS TO CONGRESS- Not later than 90 days after the
date of enactment of this Act, the Bureau of Customs and Border
Protection of the Department of Homeland Security shall submit a report
to Congress that--
(1) indicates whether the methodologies and
technologies used by the Bureau to screen for and detect the presence
of chemical, nuclear, biological, and radiological weapons in municipal
solid waste are as effective as the methodologies and technologies used
by the Bureau to screen for such materials in other items of commerce
entering into the United States by commercial motor vehicle transport;
and
(2) if the methodologies and technologies used to
screen solid waste are less effective than those used to screen other
commercial items, identifies the actions that the Bureau will take to
achieve the same level of effectiveness in the screening of solid
waste, including the need for additional screening technologies.
(c) IMPACT ON COMMERCIAL MOTOR VEHICLES- If the Bureau of
Customs and Border Protection fails to fully implement the actions
described in subsection (b)(2) before the earlier of 6 months after the
date on which the report is due under subsection (b) or 6 months after
the date on which such report is submitted, the Secretary of Homeland
Security shall deny entry into the United States of any commercial
motor vehicle (as defined in section 31101(1) of title 49, United
States Code) carrying municipal solid waste until the Secretary
certifies to Congress that the methodologies and technologies used by
the Bureau to screen for and detect the presence of chemical, nuclear,
biological, and radiological weapons in such waste are as effective as
the methodologies and technologies used by the Bureau to screen for
such materials in other items of commerce entering into the United
States by commercial motor vehicle transport.
(d) EFFECTIVE DATE- Notwithstanding section 341, this section shall take effect on the date of enactment of this Act.
Subtitle F--Public Safety Spectrum
SEC. 1061. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This title may be cited as the `Spectrum
Availability for Emergency-Response and Law-Enforcement To Improve
Vital Emergency Services Act' or the `SAVE LIVES Act'.
(b) TABLE OF CONTENTS- The table of contents for this title is as follows:
Sec. 1061. Short title; table of contents.
Sec. 1063. Setting a specific date for the availability
of spectrum for public safety organizations and creating a deadline for
the transition to digital television.
Sec. 1063. Studies of communications capabilities and needs.
Sec. 1064. Statutory authority for the Department of Homeland Security's `SAFECOM' program.
Sec. 1065. Grant program to provide enhanced interoperability of communications for first responders.
Sec. 1066. Digital transition public safety communications grant and consumer assistance fund.
Sec. 1067. Digital transition program.
Sec. 1068. FCC Authority to require label requirement for analog television sets.
Sec. 1069. Report on consumer education program requirements.
Sec. 1070. FCC to issue decision in certain proceedings.
Sec. 1072. Effective date.
SEC. 1062. FINDINGS.
The Congress finds the following:
(1) In its final report, the 9-11 Commission advocated
that Congress pass legislation providing for the expedited and
increased assignment of radio spectrum for public safety purposes. The
9-11 Commission stated that this spectrum was necessary to improve
communications between local, State and Federal public safety
organizations and public safety organizations operating in neighboring
jurisdictions that may respond to an emergency in unison.
(2) Specifically, the 9-11 Commission report stated
`The inability to communicate was a critical element at the World Trade
Center, Pentagon and Somerset County, Pennsylvania, crash sites, where
multiple agencies and multiple jurisdictions responded. The occurrence
of this problem at three very different sites is strong evidence that
compatible and adequate communications among public safety
organizations at the local, State, and Federal levels remains an
important problem.'.
(3) In the Balanced Budget Act of 1997, the Congress
directed the FCC to allocate spectrum currently being used by
television broadcasters to public safety agencies to use for emergency
communications. This spectrum has specific characteristics that make it
an outstanding choice for emergency communications because signals sent
over these frequencies are able to penetrate walls and travel great
distances, and can assist multiple jurisdictions in deploying
interoperable communications systems.
(4) This spectrum will not be fully available to public
safety agencies until the completion of the digital television
transition. The need for this spectrum is greater than ever. The nation
cannot risk further loss of life due to public safety agencies' first
responders' inability to communicate effectively in the event of
another terrorist act or other crisis, such as a hurricane, tornado,
flood, or earthquake.
(5) In the Balanced Budget Act of 1997, Congress set a
date of December 31, 2006, for the termination of the digital
television transition. Under current law, however, the deadline will be
extended if fewer than 85 percent of the television households in a
market are able to continue receiving local television broadcast
signals.
(6) Federal Communications Commission Chairman Michael
K. Powell testified at a hearing before the Senate Commerce, Science,
and Transportation Committee on September 8, 2004, that, absent
government action, this extension may allow the digital television
transition to continue for `decades' or `multiples of decades'.
(7) The Nation's public safety and welfare cannot be
put off for `decades' or `multiples of decades'. The Federal government
should ensure that this spectrum is available for use by public safety
organizations by January 1, 2009.
(8) Any plan to end the digital television transition
would be incomplete if it did not ensure that consumers would be able
to continue to enjoy over-the-air broadcast television with minimal
disruption. If broadcasters air only a digital signal, some consumers
may be unable to view digital transmissions using their analog-only
television set. Local broadcasters are truly an important part of our
homeland security and often an important communications vehicle in the
event of a national emergency. Therefore, consumers who rely on
over-the-air television, particularly those of limited economic means,
should be assisted.
(9) The New America Foundation has testified before
Congress that the cost to assist these 17.4 million exclusively
over-the-air households to continue to view television is less than $1
billion dollars for equipment, which equates to roughly 3 percent of
the Federal revenue likely from the auction of the analog television
spectrum.
(10) Specifically, the New America Foundation has
estimated that the Federal Government's auction of this spectrum could
yield $30-to-$40 billion in revenue to the Treasury. Chairman Powell
stated at the September 8, 2004, hearing that `estimates of the value
of that spectrum run anywhere from $30 billion to $70 billion'.
(11) Additionally, there will be societal benefits with
the return of the analog broadcast spectrum. Former FCC Chairman Reed
F. Hundt, at an April 28, 2004, hearing before the Senate Commerce,
Science, and Transportation Committee, testified that this spectrum
`should be the fit and proper home of wireless broadband'. Mr. Hundt
continued, `Quite literally, [with this spectrum] the more millions of
people in rural America will be able to afford Big Broadband Internet
access, the more hundreds of millions of people in the world will be
able to afford joining the Internet community.'.
(12) Due to the benefits that would flow to the
Nation's citizens from the Federal Government reclaiming this analog
television spectrum--including the safety of our Nation's first
responders and those protected by first responders, additional revenues
to the Federal treasury, millions of new jobs in the telecommunications
sector of the economy, and increased wireless broadband availability to
our Nation's rural citizens--Congress finds it necessary to set January
1, 2009, as a firm date for the return of this analog television
spectrum.
SEC. 1063. SETTING A SPECIFIC DATE FOR THE AVAILABILITY OF
SPECTRUM FOR PUBLIC SAFETY ORGANIZATIONS AND CREATING A DEADLINE FOR
THE TRANSITION TO DIGITAL TELEVISION.
(a) IN GENERAL- Section 309(j)(14) of the Communications
Act of 1934 (47 U.S.C. 309(j)(14)) is amended by adding at the end the
following:
`(E) Acceleration of deadline for public safety use-
`(i) Notwithstanding subparagraphs (A) and (B),
the Commission shall take all action necessary to complete by December
31, 2007--
`(I) the return of television station
licenses operating on channels between 764 and 776 megaHertz and
between 794 and 806 megaHertz; and
`(II) assignment of the electromagnetic
spectrum between 764 and 776 megahertz, and between 794 and 806
megahertz, for public safety services.
`(ii) Notwithstanding subparagraphs (A) and
(B), the Commission shall have the authority to modify, reassign, or
require the return of, the television station licenses assigned to
frequencies between 758 and 764 megahertz, 776 and 782 megahertz, and
788 and 794 megahertz as necessary to permit operations by public
safety services on frequencies between 764 and 776 megahertz and
between 794 and 806 megahertz, after the date of enactment of this
section, but such modifications, reassignments, or returns may not take
effect until after December 31, 2007.'.
(b) The FCC may waive the requirements of sections (i) and (ii) and such other rules as necessary--
(A) in the absence of a bona fide request from relevant first responders in the affected designated market area, and;
(B) to the extent necessary to avoid consumer
disruption but only if all relevant public safety entities are able to
use such frequencies free of interference by December 31, 2007, or are
otherwise able to resolve interference issues with relevant broadcast
licensee by mutual agreement.'
SEC. 1064. STUDIES OF COMMUNICATIONS CAPABILITIES AND NEEDS.
(a) IN GENERAL- The Commission, in consultation with the
Secretary of Homeland Security, shall conduct a study to assess
strategies that may be used to meet public safety communications needs,
including--
(1) the short-term and long-term need for additional
spectrum allocation for Federal, State, and local first responders,
including an additional allocation of spectrum in the 700 megaHertz
band;
(2) the need for a nationwide interoperable broadband mobile communications network;
(3) the ability of public safety entities to utilize wireless broadband applications; and
(4) the communications capabilities of first receivers
such as hospitals and health care workers, and current efforts to
promote communications coordination and training among the first
responders and the first receivers.
(b) REALLOCATION STUDY- The Commission shall conduct a
study to assess the advisability of reallocating any amount of spectrum
in the 700 megaHertz band for unlicensed broadband uses. In the study,
the Commission shall consider all other possible users of this
spectrum, including public safety.
(c) REPORT- The Commission shall report the results of the
studies, together with any recommendations it may have, to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce within 1 year after
the date of enactment of this Act.
SEC. 1065. STATUTORY AUTHORITY FOR THE DEPARTMENT OF HOMELAND SECURITY'S `SAFECOM' PROGRAM.
Section 302 of the Homeland Security Act of 2002 (6 U.S.C. 182) is amended--
(1) by inserting `(a) IN GENERAL- ' before `The'; and
(2) by adding at the end the following:
`(1) IN GENERAL- In carrying out subsection (a), the
Under Secretary shall establish a program to address the
interoperability of communications devices used by Federal, State,
tribal, and local first responders, to be known as the Wireless Public
Safety Interoperability Communications Program, or `SAFECOM'. The Under
Secretary shall coordinate the program with the Director of the
Department of Justice's Office of Science and Technology and all other
Federal programs engaging in communications interoperability research,
development, and funding activities to ensure that the program takes
into account, and does not duplicate, those programs or activities.
`(2) COMPONENTS- The program established under paragraph (1) shall be designed--
`(A) to provide research on the development of a
communications system architecture that would ensure the
interoperability of communications devices among Federal, State,
tribal, and local officials that would enhance the potential for a
coordinated response to a national emergency;
`(B) to support the completion and promote the
adoption of mutually compatible voluntary consensus standards developed
by a standards development organization accredited by the American
National Standards Institute to ensure such interoperability; and
`(C) to provide for the development of a model
strategic plan that could be used by any State or region in developing
its communications interoperability plan.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Secretary to carry out this subsection--
`(A) $22,105,000 for fiscal year 2005;
`(B) $22,768,000 for fiscal year 2006;
`(C) $23,451,000 for fiscal year 2007;
`(D) $24,155,000 for fiscal year 2008; and
`(E) $24,879,000 for fiscal year 2009.
`(c) NATIONAL BASELINE STUDY OF PUBLIC SAFETY
COMMUNICATIONS INTEROPERABILITY- By December 31, 2005, the Under
Secretary of Homeland Security for Science and Technology shall
complete a study to develop a national baseline for communications
interoperability and develop common grant guidance for all Federal
grant programs that provide communications-related resources or
assistance to State and local agencies, any Federal programs conducting
demonstration projects, providing technical assistance, providing
outreach services, providing standards development assistance, or
conducting research and development with the public safety community
with respect to wireless communications. The Under Secretary shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce containing the Under Secretary's findings, conclusions, and
recommendations from the study.'.
SEC. 1066. GRANT PROGRAM TO PROVIDE ENHANCED INTEROPERABILITY OF COMMUNICATIONS FOR FIRST RESPONDERS.
(a) IN GENERAL- The Secretary of Homeland Security shall
establish a program to help State, local, tribal, and regional first
responders acquire and deploy interoperable communications equipment,
purchase such equipment, and train personnel in the use of such
equipment. The Secretary, in cooperation with the heads of other
Federal departments and agencies who administer programs that provide
communications-related assistance programs to State, local, and tribal
public safety organizations, shall develop and implement common
standards to the greatest extent practicable.
(b) APPLICATIONS- To be eligible for assistance under the
program, a State, local, tribal, or regional first responder agency
shall submit an application, at such time, in such form, and containing
such information as the Under Secretary of Homeland Security for
Science and Technology may require, including--
(1) a detailed explanation of how assistance received
under the program would be used to improve local communications
interoperability and ensure interoperability with other appropriate
Federal, State, local, tribal, and regional agencies in a regional or
national emergency;
(2) assurance that the equipment and system would--
(A) not be incompatible with the communications
architecture developed under section 302(b)(2)(A) of the Homeland
Security Act of 2002;
(B) would meet any voluntary consensus standards developed under section 302(b)(2)(B) of that Act; and
(C) be consistent with the common grant guidance established under section 302(b)(3) of the Homeland Security Act of 2002.
(c) GRANTS- The Under Secretary shall review applications
submitted under subsection (b). The Secretary, pursuant to an
application approved by the Under Secretary, may make the assistance
provided under the program available in the form of a single grant for
a period of not more than 3 years.
SEC. 1067. DIGITAL TRANSITION PUBLIC SAFETY COMMUNICATIONS GRANT AND CONSUMER ASSISTANCE FUND.
(a) IN GENERAL- There is established on the books of the
Treasury a separate fund to be known as the `Digital Transition
Consumer Assistance Fund', which shall be administered by the
Secretary, in consultation with the Assistant Secretary of Commerce for
Communications and Information.
(b) CREDITING OF RECEIPTS- The Fund shall be credited with
the amount specified in section 309(j)(8)(D) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(D)).
(A) CONSUMER ASSISTANCE PROGRAM- There are
appropriated to the Secretary from the Fund such sums, not to exceed
$1,000,000,000, as are required to carry out the program established
under section 8 of this Act.
(B) PSO GRANT PROGRAM- To the extent that amounts
available in the Fund exceed the amount required to carry out that
program, there are authorized to be appropriated to the Secretary of
Homeland Security, such sums as are required to carry out the program
established under section 6 of this Act, not to exceed an amount,
determined by the Director of the Office of Management and Budget, on
the basis of the findings of the National Baseline Interoperability
study conducted by the SAFECOM Office of the Department of Homeland
Security.
(2) REVERSION OF UNUSED FUNDS- Any auction proceeds in
the Fund that are remaining after the date on which the programs under
section 6 and 8 of this Act terminate, as determined by the Secretary
of Homeland Security and the Secretary of Commerce respectively, shall
revert to and be deposited in the general fund of the Treasury.
(d) DEPOSIT OF AUCTION PROCEEDS- Paragraph (8) of section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
(1) by inserting `or subparagraph (D)' in subparagraph (A) after `subparagraph (B)'; and
(2) by adding at the end the following new subparagraph:
`(D) Disposition of cash proceeds from auction of
channels 52 through 69- Cash proceeds attributable to the auction of
any eligible frequencies between 698 and 806 megaHertz on the
electromagnetic spectrum conducted after the date of enactment of the
SAVE LIVES Act shall be deposited in the Digital Transition Consumer
Assistance Fund established under section 7 of that Act.'.
SEC. 1068. DIGITAL TRANSITION PROGRAM.
(a) IN GENERAL- The Secretary, in consultation with the
Commission and the Director of the Office of Management and Budget,
shall establish a program to assist households--
(1) in the purchase or other acquisition of
digital-to-analog converter devices that will enable television sets
that operate only with analog signal processing to continue to operate
when receiving a digital signal;
(2) in the payment of a one-time installation fee (not
in excess of the industry average fee for the date, locale, and
structure involved, as determined by the Secretary) for installing the
equipment required for residential reception of services provided by a
multichannel video programming distributor (as defined in section
602(13) of the Communications Act of 1934 (47 U.S.C. 602(13)); or
(3) in the purchase of any other device that will
enable the household to receive over-the-air digital television
broadcast signals, but in an amount not in excess of the average
per-household assistance provided under paragraphs (1) and (2).
(b) PROGRAM CRITERIA- The Secretary shall ensure that the program established under subsection (a)--
(1) becomes publicly available no later than January 1, 2008;
(2) gives first priority to assisting lower income
households (as determined by the Director of the Bureau of the Census
for statistical reporting purposes) who rely exclusively on
over-the-air television broadcasts;
(3) gives second priority to assisting other households who rely exclusively on over-the-air television broadcasts;
(4) is technologically neutral; and
(5) is conducted at the lowest feasible administrative cost.
SEC. 1069. FCC AUTHORITY TO REQUIRE LABEL REQUIREMENT FOR ANALOG TELEVISION SETS.
(a) IN GENERAL- Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end the following:
`(z) If the Commission acts to set a hard deadline for the
return of analog spectrum pursuant to section 309(j)(14), it shall have
the authority to require that any apparatus described in paragraph (s)
sold or offered for sale in or affecting interstate commerce, that is
incapable of receiving and displaying a digital television broadcast
signal without the use of an external device that translates digital
television broadcast signals into analog television broadcast signals
have affixed to it and, if it is sold or offered for sale in a
container, affixed to that container, a label that states that the
apparatus will be incapable of displaying over-the-air television
broadcast signals received after a date determined by the FCC, without
the purchase of additional equipment.'.
(b) POINT OF SALE WARNING- If the Commission acts to set a
hard deadline for the return of analog spectrum pursuant to section
309(j)(14), then the Commission, in consultation with the Federal Trade
Commission, shall have the authority to require the display at, or in
close proximity to, any commercial retail sales display of television
sets described in section 303(z) of the Communications Act of 1934 (47
U.S.C. 303(z)) sold or offered for sale in or affecting interstate
commerce after a date determined by the Commission, of a printed notice
that clearly and conspicuously states that the sets will be incapable
of displaying over-the-air television broadcast signals received after
the hard deadline established by the Commission, without the purchase
or lease of additional equipment.
SEC. 1070. REPORT ON CONSUMER EDUCATION PROGRAM REQUIREMENTS.
Within 1 year after the date of enactment of this Act, the
Assistant Secretary of Commerce for Communications and Information,
after consultation with the Commission, shall transmit a report to the
Senate Committee on Commerce, Science, and Transportation and the House
of Representatives Committee on Energy and Commerce containing
recommendations with respect to--
(1) an effective program to educate consumers about the
transition to digital television broadcast signals and the impact of
that transition on consumers' choices of equipment to receive such
signals;
(2) the need, if any, for Federal funding for such a program;
(3) the date of commencement and duration of such a program; and
(4) what department or agency should have the lead responsibility for conducting such a program.
SEC. 1071. FCC TO ISSUE DECISION IN CERTAIN PROCEEDINGS.
The Commission shall issue a final decision before--
(1) January 1, 2005, in the Matter of Carriage of
Digital Television Broadcast Signals; Amendments to Part 76 of the
Commission's Rules, CS Docket No. 98-120;
(2) January 1, 2005, in the Matter of Public Interest Obligations of TV Broadcast Licensees, MM Docket No. 99-360; and
(3) January 1, 2006, in the Implementation of the
Satellite Home Viewer Improvement Act of 1999; Local Broadcast Signal
Carriage Issues, CS Docket No. 00-96.
SEC. 1072. DEFINITIONS.
(1) COMMISSION- The term `Commission' means the Federal Communications Commission.
(2) FUND- The term `Fund' means the Digital Transition Consumer Assistance Fund established by section 7.
(3) SECRETARY- Except where otherwise expressly provided, the term `Secretary' means the Secretary of Commerce.
SEC. 1073. EFFECTIVE DATE.
This title takes effect on the date of enactment of this Act.
Subtitle G--Presidential Transition
SEC. 1081. PRESIDENTIAL TRANSITION.
(a) SERVICES PROVIDED PRESIDENT-ELECT- Section 3 of the Presidential Transition Act of 1963 (3 U.S.C. 102 note) is amended--
(1) by adding after subsection (a)(8)(A)(iv) the following:
`(v) Activities under this paragraph shall
include the preparation of a detailed classified, compartmented summary
by the relevant outgoing executive branch officials of specific
operational threats to national security; major military or covert
operations; and pending decisions on possible uses of military force.
This summary shall be provided to the President-elect as soon as
possible after the date of the general elections held to determine the
electors of President and Vice President under section 1 or 2 of title
3, United States Code.';
(2) by redesignating subsection (f) as subsection (g); and
(3) by adding after subsection (e) the following:
`(f)(1) The President-elect should submit to the Federal
Bureau of Investigation or other appropriate agency and then, upon
taking effect and designation, to the agency designated by the
President under section 115(b) of the National Intelligence Reform Act
of 2004, the names of candidates for high level national security
positions through the level of undersecretary of cabinet departments as
soon as possible after the date of the general elections held to
determine the electors of President and Vice President under section 1
or 2 of title 3, United States Code.
`(2) The responsible agency or agencies shall undertake and
complete as expeditiously as possible the background investigations
necessary to provide appropriate security clearances to the individuals
who are candidates described under paragraph (1) before the date of the
inauguration of the President-elect as President and the inauguration
of the Vice-President-elect as Vice President.'.
(b) SENSE OF THE SENATE REGARDING EXPEDITED CONSIDERATION OF NATIONAL SECURITY NOMINEES- It is the sense of the Senate that--
(1) the President-elect should submit the nominations
of candidates for high-level national security positions, through the
level of undersecretary of cabinet departments, to the Senate by the
date of the inauguration of the President-elect as President; and
(2) for all such national security nominees received by
the date of inauguration, the Senate committees to which these
nominations are referred should, to the fullest extent possible,
complete their consideration of these nominations, and, if such
nominations are reported by the committees, the full Senate should vote
to confirm or reject these nominations, within 30 days of their
submission.
(c) SECURITY CLEARANCES FOR TRANSITION TEAM MEMBERS-
(1) DEFINITION- In this section, the term `major party'
shall have the meaning given under section 9002(6) of the Internal
Revenue Code of 1986.
(2) IN GENERAL- Each major party candidate for
President may submit, before the date of the general election, requests
for security clearances for prospective transition team members who
will have a need for access to classified information to carry out
their responsibilities as members of the President-elect's transition
team.
(3) COMPLETION DATE- Necessary background
investigations and eligibility determinations to permit appropriate
prospective transition team members to have access to classified
information shall be completed, to the fullest extent practicable, by
the day after the date of the general election.
(d) EFFECTIVE DATE- Notwithstanding section 341, this
section and the amendments made by this section shall take effect on
the date of enactment of this Act.
TITLE XII--GENERAL PROVISIONS
SEC. 1101. 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'.
SEC. 1102. FINANCIAL DISCLOSURE AND RECORDS.
(a) STUDY- Not later than 180 days after the date of
enactment of this Act, the Office of Government Ethics shall submit to
Congress a report--
(1) evaluating the financial disclosure process for employees of the executive branch of Government; and
(2) making recommendations for improving that process.
(b) TRANSMITTAL OF RECORD RELATING TO PRESIDENTIALLY APPOINTED POSITIONS TO PRESIDENTIAL CANDIDATES-
(1) DEFINITION- In this section, the term `major party'
has the meaning given that term under section 9002(6) of the Internal
Revenue Code of 1986.
(A) IN GENERAL- Not later than 15 days after the
date on which a major party nominates a candidate for President, the
Office of Personnel Management shall transmit an electronic record to
that candidate on Presidentially appointed positions.
(B) OTHER CANDIDATES- After making transmittals
under subparagraph (A), the Office of Personnel Management may transmit
an electronic record on Presidentially appointed positions to any other
candidate for President.
(3) CONTENT- The record transmitted under this subsection shall provide--
(A) all positions which are appointed by the President, including the title and description of the duties of each position;
(B) the name of each person holding a position described under subparagraph (A);
(C) any vacancy in the positions described under subparagraph (A), and the period of time any such position has been vacant;
(D) the date on which an appointment made after the
applicable Presidential election for any position described under
subparagraph (A) is necessary to ensure effective operation of the
Government; and
(E) any other information that the Office of Personnel Management determines is useful in making appointments.
(c) REDUCTION OF POSITIONS REQUIRING APPOINTMENT WITH SENATE CONFIRMATION-
(1) DEFINITION- In this subsection, the term `agency'
means an Executive agency as defined under section 105 of title 5,
United States Code.
(A) 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--
(ii) the Committee on Governmental Affairs of the Senate; and
(iii) the Committee on Government Reform of the House of Representatives.
(B) CONTENT- The plan under this paragraph shall provide for the reduction of--
(i) 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
(ii) the number of levels of such positions within that agency.
(d) OFFICE OF GOVERNMENT ETHICS REVIEW OF CONFLICT OF INTEREST LAW-
(1) IN GENERAL- Not later than 180 days after the date
of enactment of this Act, the Director of the Office of Government
Ethics, in consultation with the Attorney General of the United States,
shall conduct a comprehensive review of conflict of interest laws
relating to Federal employment and submit a report to--
(B) the Committee on Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the Senate;
(D) the Committee on Government Reform of the House of Representatives; and
(E) the Committee on the Judiciary of the House of Representatives.
(2) CONTENT- The report under this subsection shall--
(A) examine all Federal criminal conflict of
interest laws relating to Federal employment, including the relevant
provisions of chapter 11 of title 18, United States Code; and
(B) related civil conflict of interest laws,
including regulations promulgated under section 402 of the Ethics in
Government Act of 1978 (5 U.S.C. App.).
SEC. 1103. HOMELAND SECURITY GEOGRAPHIC INFORMATION.
(a) FINDINGS- Congress finds that--
(1) geographic technologies and geographic data improve
government capabilities to detect, plan, prepare, and respond to
disasters in order to save lives and protect property;
(2) geographic data improves the ability of information
technology applications and systems to enhance public security in a
cost-effective manner; and
(3) geographic information preparedness in the United
States, and specifically in the Department of Homeland Security, is
insufficient because of--
(A) inadequate geographic data compatibility;
(B) insufficient geographic data sharing; and
(C) technology interoperability barriers.
(b) HOMELAND SECURITY GEOGRAPHIC INFORMATION- Section 703 of the Homeland Security Act of 2002 (6 U.S.C. 343) is amended--
(1) by inserting `(a) IN GENERAL- ' before `The Chief Information'; and
(2) by adding at the end the following:
`(b) GEOGRAPHIC INFORMATION FUNCTIONS-
`(1) DEFINITION- In this subsection, the term
`geographic information' means the information systems that involve
locational data, such as maps or other geospatial information resources.
`(2) OFFICE OF GEOSPATIAL MANAGEMENT-
`(A) ESTABLISHMENT- The Office of Geospatial Management is established within the Office of the Chief Information Officer.
`(B) GEOSPATIAL INFORMATION OFFICER-
`(i) APPOINTMENT- The Office of Geospatial
Management shall be administered by the Geospatial Information Officer,
who shall be appointed by the Secretary and serve under the direction
of the Chief Information Officer.
`(ii) FUNCTIONS- The Geospatial Information
Officer shall assist the Chief Information Officer in carrying out all
functions under this section and in coordinating the geographic
information needs of the Department.
`(C) COORDINATION OF GEOGRAPHIC INFORMATION- The
Chief Information Officer shall establish and carry out a program to
provide for the efficient use of geographic information, which shall
include--
`(i) providing such geographic information as may be necessary to implement the critical infrastructure protection programs;
`(ii) providing leadership and coordination in
meeting the geographic information requirements of those responsible
for planning, prevention, mitigation, assessment and response to
emergencies, critical infrastructure protection, and other functions of
the Department; and
`(iii) coordinating with users of geographic
information within the Department to assure interoperability and
prevent unnecessary duplication.
`(D) RESPONSIBILITIES- In carrying out this subsection, the responsibilities of the Chief Information Officer shall include--
`(i) coordinating the geographic information needs and activities of the Department;
`(ii) implementing standards, as adopted by the
Director of the Office of Management and Budget under the processes
established under section 216 of the E-Government Act of 2002 (44
U.S.C. 3501 note), to facilitate the interoperability of geographic
information pertaining to homeland security among all users of such
information within--
`(II) State and local government; and
`(III) the private sector;
`(iii) coordinating with the Federal Geographic
Data Committee and carrying out the responsibilities of the Department
pursuant to Office of Management and Budget Circular A-16 and Executive
Order 12906; and
`(iv) making recommendations to the Secretary
and the Executive Director of the Office for State and Local Government
Coordination and Preparedness on awarding grants to--
`(I) fund the creation of geographic data; and
`(II) execute information sharing agreements regarding geographic data with State, local, and tribal governments.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated such sums as may be necessary to carry
out this subsection for each fiscal year.'.
SEC. 1104. URBAN AREA COMMUNICATIONS CAPABILITIES.
Section 510 of the Homeland Security Act of 2002, as added
by this Act, is amended by inserting `, and shall have appropriate and
timely access to the Information Sharing Network described in section
206(c) of the National Intelligence Reform Act of 2004' after `each
other in the event of an emergency'.
SEC. 1105. UNIFIED INCIDENT COMMAND CENTER.
The United States needs to implement the recommendations of
the National Commission on Terrorist Attacks Upon the United States to
adopt a unified incident command system and significantly enhance
communications connectivity between and among civilian authorities,
local first responders, and the National Guard. The unified incident
command system should enable emergency managers and first responders to
manage, generate, receive, evaluate, share, and use information in the
event of a terrorist attack or a significant national disaster.
SEC. 1106. AVIATION AND TRANSPORTATION SECURITY ACT.
Section 145(c) of the Aviation and Transportation Security
Act (49 U.S.C. 40101 note) is amended by striking `more than' and all
that follows through `after' and inserting `more than 48 months after'.
SEC. 1107. LIQUEFIED NATURAL GAS MARINE TERMINALS.
Congress finds that plans developed by the Department of
Homeland Security to protect critical energy infrastructure should
include risk assessments and protective measures for existing and
proposed liquefied natural gas marine terminals.
SEC. 1108. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) REPORT- Within 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in coordination with the
Secretary of Defense and the Administrator of the Federal Aviation
Administration, shall submit a report to the Committee on Commerce,
Science, and Transportation and the Committee on Governmental Affairs
of the Senate and the Committee on Transportation and Infrastructure
and the Select Committee on Homeland Security of the House of
Representatives that contains the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from outside the
United States that intelligence sources indicate could carry explosive,
incendiary, chemical, biological or nuclear devices.
(2) An analysis of the potential for establishing
secure facilities along established international aviation routes for
the purposes of diverting and securing aircraft described in paragraph
(1).
(b) REPORT FORMAT- The Secretary may submit all, or part,
of the report required by this section in classified and redacted form
if the Secretary determines that it is appropriate or necessary.
SEC. 1109. COMMUNICATION SYSTEM GRANTS.
(a) IN GENERAL- The Secretary of Homeland Security may
award grants, on a competitive basis, to States, local governments,
local law enforcement agencies, and local fire departments to--
(1) improve communication systems to allow for real
time, interoperable communication between State and local first
responders; or
(2) purchase communication systems that allow for real
time, interoperable communication between State and local first
responders.
(b) APPLICATION- Any State, local government, local law
enforcement agency, or local fire department desiring a grant under
this section shall submit an application to the Secretary at such time,
in such manner, and containing such information as the Secretary may
reasonably require.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated such sums as necessary for each of the fiscal years
2005 through 2009 to carry out the provisions of this section.
SEC. 1110. TSA FIELD OFFICE INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS REPORT.
Within 90 days after the date of enactment of this Act, the
Secretary of Homeland Security shall transmit a report to the Congress,
which may be transmitted in classified and redacted formats, setting
forth--
(1) a descriptive list of each administrative and
airport site of the Transportation Security Administration, including
its location, staffing, and facilities;
(2) an analysis of the information technology and
telecommunications capabilities, equipment, and support available at
each such site, including--
(A) whether the site has access to broadband telecommunications;
(B) whether the site has the ability to access Transportation Security Administration databases directly;
(C) the means available to the site for
communicating and sharing information and other data on a real time
basis with the Transportation Security Administration's national,
regional, and State offices as well as with other Transportation
Security Administration sites;
(D) the means available to the site for
communicating with other Federal, State, and local government sites
with transportation security related responsibilities; and
(E) whether and to what extent computers in the
site are linked through a local area network or otherwise, and whether
the information technology resources available to the site are adequate
to enable it to carry out its functions and purposes; and
(3) an assessment of current and future needs of the
Transportation Security Administration to provide adequate information
technology and telecommunications facilities, equipment, and support to
its sites, and an estimate of the costs of meeting those needs.
SEC. 1111. INTELLIGENCE COMMUNITY USE OF NISAC CAPABILITIES.
The National Intelligence Director shall establish a formal
relationship, including information sharing, between the intelligence
community and the National Infrastructure Simulation and Analysis
Center. Through this relationship, the intelligence community shall
take full advantage of the capabilities of the National Infrastructure
Simulation and Analysis Center, particularly vulnerability and
consequence analysis, for real time response to reported threats and
long term planning for projected threats.
SEC. 1112. NATIONWIDE INTEROPERABLE COMMUNICATIONS NETWORK.
(a) IN GENERAL- Within one year of enactment, the Secretary
of Homeland Security, in coordination with the Federal Communications
Commission and the National Telecommunications and Information
Administration, shall complete a study assessing potential technical
and operational standards and protocols for a nationwide interoperable
communications network (referred to in this section as the `Network')
that may be used by Federal, State, and local governmental and
non-governmental public safety, homeland security, and other first
responder personnel. The assessment shall be consistent with the
SAFECOM national strategy as developed by the public safety community
in cooperation with SAFECOM and the DHS Interoperability Office. The
Secretary shall report the results of the study to the Senate Committee
on Commerce, Science, and Transportation, the Senate Committee on
Governmental Affairs, the House of Representatives Committee on Energy
and Commerce, and the House of Representatives Select Committee on
Homeland Security.
(b) CONSULTATION AND USE OF COMMERCIAL TECHNOLOGIES- In
assessing standards and protocols pursuant to paragraph (a), the
Secretary of Homeland Security shall--
(1) seek input from representatives of the user communities regarding the operation and administration of the Network; and
(2) consider use of commercial wireless technologies to the greatest extent practicable.
SEC. 1113. COMMUNICATIONS INTEROPERABILITY.
(a) DEFINITION- As used in this section, the term
`equipment interoperability' means the devices that support the ability
of public safety service and support providers to talk with each other
via voice and data on demand, in real time, when needed, and when
authorized.
(b) NATIONAL GUIDELINES FOR EQUIPMENT INTEROPERABILITY- Not
later than one year after the date of enactment of this Act, the
Secretary of Homeland Security, after consultation with the Federal
Communications Commission and the National Telecommunications and
Information Administration, and other appropriate representatives of
Federal, State, and local government and first responders, shall adopt,
by regulation, national goals and guidelines for equipment
interoperability and related issues that--
(1) set short-term, mid-term, and long-term means and
minimum equipment performance guidelines for Federal agencies, States,
and local governments;
(A) the value, life cycle, and technical capabilities of existing communications infrastructure;
(B) the need for cross-border interoperability between States and nations;
(C) the unique needs of small, rural communities; and
(D) the interoperability needs for daily operations and catastrophic events.
(c) NATIONAL EQUIPMENT INTEROPERABILITY IMPLEMENTATION PLAN-
(1) DEVELOPMENT- Not later than 180 days of the
completion of the development of goals and guidelines under subsection
(b), the Secretary of Homeland Security shall develop an implementation
plan that--
(A) outlines the responsibilities of the Department of Homeland Security; and
(B) focuses on providing technical and financial
assistance to States and local governments for interoperability
planning and implementation.
(2) EXECUTION- The Secretary shall execute the plan developed under this subsection as soon as practicable.
(A) INITIAL REPORT- Upon the completion of the plan
under subsection (c), the Secretary shall submit a report that
describes such plan to--
(i) the Committee on Governmental Affairs of the Senate;
(ii) the Committee on Environment and Public Works of the Senate;
(iii) the Committee on Commerce, Science, and Transportation of the Senate;
(iv) the Select Committee on Homeland Security of the House of Representatives; and
(v) the Committee on Energy and Commerce of the House of Representatives.
(B) ANNUAL REPORT- Not later than 1 year after the
submission of the report under subparagraph (A), and annually
thereafter, the Secretary shall submit a report to the committees
referred to in subparagraph (A) that describes the progress made in
implementing the plan developed under this subsection.
(d) INTERNATIONAL INTEROPERABILITY- Not later than 1 year
after the date of enactment of this Act, the President shall establish
a mechanism for coordinating cross-border interoperability issues
between--
(1) the United States and Canada; and
(2) the United States and Mexico.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated for each of the fiscal years 2005 through 2009--
(1) such sums as may be necessary to carry out subsection (b);
(2) such sums as may be necessary to carry out subsection (c); and
(3) such sums as may be necessary to carry out subsection (d).
SEC. 1114. DEADLINE FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS.
(a) STRATEGIC PLAN REPORTS- Within 90 days after the date
of enactment of this Act, the Secretary of Homeland Security shall
transmit to the Congress--
(1) a report on the status of the National Maritime
Transportation Security Plan required by section 70103(a) of title 46,
United States Code, which may be submitted in classified and redacted
format;
(2) a comprehensive program management plan that
identifies specific tasks to be completed and deadlines for completion
for the transportation security card program under section 70105 of
title 46, United States Code that incorporates best practices for
communicating, coordinating, and collaborating with the relevant
stakeholders to resolve relevant issues, such as background checks;
(3) a report on the status of negotiations under
section 103 of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70111 note);
(4) the report required by section 107(b) of the Maritime Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(5) a report on the status of the development of the
system and program mandated by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(b) OTHER REPORTS- Within 90 days after the date of enactment of this Act--
(1) the Secretary of Homeland Security shall transmit to the Congress--
(A) a report on the establishment of the National
Maritime Security Advisory Committee appointed under section 70112 of
title 46, United States Code; and
(B) a report on the status of the program
established under section 70116 of title 46, United States Code, to
evaluate and certify secure systems of international intermodal
transportation;
(2) the Secretary of Transportation shall transmit to
the Congress the annual report required by section 905 of the
International Maritime and Port Security Act (46 U.S.C. App. 1802) that
includes information that should have been included in the last
preceding annual report that was due under that section; and
(3) the Commandant of the United States Coast Guard
shall transmit to Congress the report required by section 110(b) of the
Maritime Transportation Security Act of 2002 (46 U.S.C. 70101 note).
(d) EFFECTIVE DATE- Notwithstanding any other provision of
this Act, this section takes effect on the date of enactment of this
Act.
SEC. 1115. TERRORISM FINANCING.
(a) REPORT ON TERRORIST FINANCING-
(1) IN GENERAL- Not later than 180 days after the date
of enactment of this Act, the President, acting through the Secretary
of the Treasury, shall submit to Congress a report evaluating the
current state of United States efforts to curtail the international
financing of terrorism.
(2) CONTENTS- The report required by paragraph (1) shall evaluate and make recommendations on--
(A) the effectiveness and efficiency of current
United States governmental efforts and methods to detect, track,
disrupt, and stop terrorist financing;
(B) the relationship between terrorist financing
and money laundering, including how the laundering of proceeds related
to illegal narcotics or foreign political corruption may contribute to
terrorism or terrorist financing;
(C) the nature, effectiveness, and efficiency of
current efforts to coordinate intelligence and agency operations within
the United States Government to detect, track, disrupt, and stop
terrorist financing, including identifying who, if anyone, has primary
responsibility for developing priorities, assigning tasks to agencies,
and monitoring the implementation of policy and operations;
(D) the effectiveness and efficiency of efforts to
protect the critical infrastructure of the United States financial
system, and ways to improve the effectiveness of financial institutions;
(E) ways to improve multilateral and international
governmental cooperation on terrorist financing, including the adequacy
of agency coordination within the United States related to
participating in international cooperative efforts and implementing
international treaties and compacts; and
(F) ways to improve the setting of priorities and
coordination of United States efforts to detect, track, disrupt, and
stop terrorist financing, including recommendations for changes in
executive branch organization or procedures, legislative reforms,
additional resources, or use of appropriated funds.
(b) POSTEMPLOYMENT RESTRICTION FOR CERTAIN BANK AND THRIFT
EXAMINERS- Section 10 of the Federal Deposit Insurance Act (12 U.S.C.
1820) is amended by adding at the end the following:
`(k) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF FINANCIAL INSTITUTIONS-
`(1) IN GENERAL- In addition to other applicable
restrictions set forth in title 18, United States Code, the penalties
set forth in paragraph (6) of this subsection shall apply to any person
who--
`(A) was an officer or employee (including any
special Government employee) of a Federal banking agency or a Federal
reserve bank;
`(B) served 2 or more months during the final 12
months of his or her employment with such agency or entity as the
senior examiner (or a functionally equivalent position) of a depository
institution or depository institution holding company with continuing,
broad responsibility for the examination (or inspection) of that
depository institution or depository institution holding company on
behalf of the relevant agency or Federal reserve bank; and
`(C) within 1 year after the termination date of
his or her service or employment with such agency or entity, knowingly
accepts compensation as an employee, officer, director, or consultant
from--
`(i) such depository institution, any
depository institution holding company that controls such depository
institution, or any other company that controls such depository
institution; or
`(ii) such depository institution holding
company or any depository institution that is controlled by such
depository institution holding company.
`(2) DEFINITIONS- For purposes of this subsection--
`(A) the term `depository institution' includes an
uninsured branch or agency of a foreign bank, if such branch or agency
is located in any State; and
`(B) the term `depository institution holding
company' includes any foreign bank or company described in section 8(a)
of the International Banking Act of 1978.
`(3) RULES OF CONSTRUCTION- For purposes of this
subsection, a foreign bank shall be deemed to control any branch or
agency of the foreign bank, and a person shall be deemed to act as a
consultant for a depository institution, depository institution holding
company, or other company, only if such person directly works on
matters for, or on behalf of, such depository institution, depository
institution holding company, or other company.
`(A) IN GENERAL- Each Federal banking agency shall
prescribe rules or regulations to administer and carry out this
subsection, including rules, regulations, or guidelines to define the
scope of persons referred to in paragraph (1)(B).
`(B) CONSULTATION REQUIRED- The Federal banking
agencies shall consult with each other for the purpose of assuring that
the rules and regulations issued by the agencies under subparagraph (A)
are, to the extent possible, consistent and comparable and practicable,
taking into account any differences in the supervisory programs
utilized by the agencies for the supervision of depository institutions
and depository institution holding companies.
`(A) AGENCY AUTHORITY- A Federal banking agency may
grant a waiver, on a case by case basis, of the restriction imposed by
this subsection to any officer or employee (including any special
Government employee) of that agency, and the Board of Governors of the
Federal Reserve System may grant a waiver of the restriction imposed by
this subsection to any officer or employee of a Federal reserve bank,
if the head of such agency certifies in writing that granting the
waiver would not affect the integrity of the supervisory program of the
relevant Federal banking agency.
`(B) DEFINITION- For purposes of this paragraph, the head of an agency is--
`(i) the Comptroller of the Currency, in the case of the Office of the Comptroller of the Currency;
`(ii) the Chairman of the Board of Governors of
the Federal Reserve System, in the case of the Board of Governors of
the Federal Reserve System;
`(iii) the Chairperson of the Board of Directors, in the case of the Corporation; and
`(iv) the Director of the Office of Thrift Supervision, in the case of the Office of Thrift Supervision.
`(A) IN GENERAL- In addition to any other
administrative, civil, or criminal remedy or penalty that may otherwise
apply, whenever a Federal banking agency determines that a person
subject to paragraph (1) has become associated, in the manner described
in paragraph (1)(C), with a depository institution, depository
institution holding company, or other company for which such agency
serves as the appropriate Federal banking agency, the agency shall
impose upon such person one or more of the following penalties:
`(i) INDUSTRY-WIDE PROHIBITION ORDER- The
Federal banking agency shall serve a written notice or order in
accordance with and subject to the provisions of section 8(e)(4) for
written notices or orders under paragraphs (1) or (2) of section 8(e),
upon such person of the intention of the agency--
`(I) to remove such person from office or
to prohibit such person from further participation in the conduct of
the affairs of the depository institution, depository institution
holding company, or other company for a period of up to 5 years; and
`(II) to prohibit any further participation
by such person, in any manner, in the conduct of the affairs of any
insured depository institution for a period of up to 5 years.
`(ii) CIVIL MONETARY FINE- The Federal banking
agency may, in an administrative proceeding or civil action in an
appropriate United States district court, impose on such person a civil
monetary penalty of not more than $250,000. In lieu of an action by the
Federal banking agency under this clause, the Attorney General of the
United States may bring a civil action under this clause in the
appropriate United States district court. Any administrative proceeding
under this clause shall be conducted in accordance with section 8(i).
`(B) SCOPE OF PROHIBITION ORDER- Any person subject
to an order issued under subparagraph (A)(i) shall be subject to
paragraphs (6) and (7) of section 8(e) in the same manner and to the
same extent as a person subject to an order issued under such section.
`(C) DEFINITIONS- Solely for purposes of this
paragraph, the `appropriate Federal banking agency' for a company that
is not a depository institution or depository institution holding
company shall be the Federal banking agency on whose behalf the person
described in paragraph (1) performed the functions described in
paragraph (1)(B).'.
(c) POSTEMPLOYMENT RESTRICTION FOR CERTAIN CREDIT UNION
EXAMINERS- Section 206 of the Federal Credit Union Act (12 U.S.C. 1786)
is amended by adding at the end the following:
`(w) ONE-YEAR RESTRICTIONS ON FEDERAL EXAMINERS OF INSURED CREDIT UNIONS-
`(1) IN GENERAL- In addition to other applicable
restrictions set forth in title 18, United States Code, the penalties
set forth in paragraph (5) of this subsection shall apply to any person
who--
`(A) was an officer or employee (including any special Government employee) of the Administration;
`(B) served 2 or more months during the final 12
months of his or her employment with the Administration as the senior
examiner (or a functionally equivalent position) of an insured credit
union with continuing, broad responsibility for the examination (or
inspection) of that insured credit union on behalf of the
Administration; and
`(C) within 1 year after the termination date of
his or her service or employment with the Administration, knowingly
accepts compensation as an employee, officer, director, or consultant
from such insured credit union.
`(2) RULE OF CONSTRUCTION- For purposes of this
subsection, a person shall be deemed to act as a consultant for an
insured credit union only if such person directly works on matters for,
or on behalf of, such insured credit union.
`(A) IN GENERAL- The Board shall prescribe rules or
regulations to administer and carry out this subsection, including
rules, regulations, or guidelines to define the scope of persons
referred to in paragraph (1)(B).
`(B) CONSULTATION- In prescribing rules or
regulations under this paragraph, the Board shall, to the extent it
deems necessary, consult with the Federal banking agencies (as defined
in section 3 of the Federal Deposit Insurance Act) on regulations
issued by such agencies in carrying out section 10(k) of the Federal
Deposit Insurance Act.
`(A) AGENCY AUTHORITY- The Board may grant a
waiver, on a case by case basis, of the restriction imposed by this
subsection to any officer or employee (including any special Government
employee) of the Administration if the Chairman certifies in writing
that granting the waiver would not affect the integrity of the
supervisory program of the Administration.
`(A) IN GENERAL- In addition to any other
administrative, civil, or criminal remedy or penalty that may otherwise
apply, whenever the Board determines that a person subject to paragraph
(1) has become associated, in the manner described in paragraph (1)(C),
with an insured credit union, the Board shall impose upon such person
one or more of the following penalties:
`(i) INDUSTRY-WIDE PROHIBITION ORDER- The Board
shall serve a written notice or order in accordance with and subject to
the provisions of subsection (g)(4) for written notices or orders under
paragraphs (1) or (2) of subsection (g), upon such person of the
intention of the Board--
`(I) to remove such person from office or
to prohibit such person from further participation in the conduct of
the affairs of the insured credit union for a period of up to 5 years;
and
`(II) to prohibit any further participation
by such person, in any manner, in the conduct of the affairs of any
insured credit union for a period of up to 5 years.
`(ii) CIVIL MONETARY FINE- The Board may, in an
administrative proceeding or civil action in an appropriate United
States district court, impose on such person a civil monetary penalty
of not more than $250,000. In lieu of an action by the Board under this
clause, the Attorney General of the United States may bring a civil
action under this clause in the appropriate United States district
court. Any administrative proceeding under this clause shall be
conducted in accordance with subsection (k).
`(B) SCOPE OF PROHIBITION ORDER- Any person subject
to an order issued under this subparagraph (A)(i) shall be subject to
paragraphs (5) and (7) of subsection (g) in the same manner and to the
same extent as a person subject to an order issued under subsection
(g).'.
(d) EFFECTIVE DATE- Notwithstanding section 341, subsection
(a) shall become effective on the date of enactment of this Act, and
the amendments made by subsections (b) and (c) shall become effective
at the end of the 12-month period beginning on the date of enactment of
this Act, whether or not final regulations are issued in accordance
with the amendments made by this section as of that date of enactment.
(e) REPEAL OF DUPLICATIVE PROVISION- Section XX16(c)
of this Act, entitled `REPORT ON TERRORIST FINANCING' is repealed, and
shall have no force or effect, effective on the date of enactment of
this Act.
SEC. 1116. PRIVATE SECURITY OFFICER EMPLOYMENT AUTHORIZATION ACT OF 2004.
(a) SHORT TITLE- This section may be cited as the `Private Security Officer Employment Authorization Act of 2004'.
(b) FINDINGS- Congress finds that--
(1) employment of private security officers in the United States is growing rapidly;
(2) private security officers function as an adjunct
to, but not a replacement for, public law enforcement by, among other
things, helping to protect critical infrastructure, including
hospitals, manufacturing facilities, defense and aerospace contractors,
nuclear power plants, chemical companies, oil and gas refineries,
airports, communication facilities and operations, and others;
(3) the 9-11 Commission Report says that `Private
sector preparedness is not a luxury; it is a cost of doing business in
the post-9/11 world. It is ignored at a tremendous potential cost in
lives, money, and national security' and endorsed adoption of the
American National Standards Institute's standard for private
preparedness;
(4) part of improving private sector preparedness is
mitigating the risks of terrorist attack on critical infrastructure by
ensuring that private security officers who protect those facilities
are properly screened to determine their suitability;
(5) the American public deserves the employment of
qualified, well-trained private security personnel as an adjunct to
sworn law enforcement officers; and
(6) private security officers and applicants for private security officer positions should be thoroughly screened and trained.
(c) DEFINITIONS- In this section:
(1) EMPLOYEE- The term `employee' includes both a
current employee and an applicant for employment as a private security
officer.
(2) AUTHORIZED EMPLOYER- The term `authorized employer' means any person that--
(A) employs private security officers; and
(B) is authorized by regulations promulgated by the
Attorney General to request a criminal history record information
search of an employee through a State identification bureau pursuant to
this section.
(3) PRIVATE SECURITY OFFICER- The term `private security officer'--
(A) means an individual other than an employee of a
Federal, State, or local government, whose primary duty is to perform
security services, full- or part-time, for consideration, whether armed
or unarmed and in uniform or plain clothes (except for services
excluded from coverage under this section if the Attorney General
determines by regulation that such exclusion would serve the public
interest); but
(i) employees whose duties are primarily internal audit or credit functions;
(ii) employees of electronic security system companies acting as technicians or monitors; or
(iii) employees whose duties primarily involve the secure movement of prisoners.
(4) SECURITY SERVICES- The term `security services'
means acts to protect people or property as defined by regulations
promulgated by the Attorney General.
(5) STATE IDENTIFICATION BUREAU- The term `State
identification bureau' means the State entity designated by the
Attorney General for the submission and receipt of criminal history
record information.
(d) CRIMINAL HISTORY RECORD INFORMATION SEARCH-
(A) SUBMISSION OF FINGERPRINTS- An authorized
employer may submit to the State identification bureau of a
participating State, fingerprints or other means of positive
identification, as determined by the Attorney General, of an employee
of such employer for purposes of a criminal history record information
search pursuant to this section.
(i) PERMISSION- An authorized employer shall
obtain written consent from an employee to submit to the State
identification bureau of a participating State the request to search
the criminal history record information of the employee under this
section.
(ii) ACCESS- An authorized employer shall
provide to the employee confidential access to any information relating
to the employee received by the authorized employer pursuant to this
section.
(C) PROVIDING INFORMATION TO THE STATE
IDENTIFICATION BUREAU- Upon receipt of a request for a criminal history
record information search from an authorized employer pursuant to this
section, submitted through the State identification bureau of a
participating State, the Attorney General shall--
(i) search the appropriate records of the
Criminal Justice Information Services Division of the Federal Bureau of
Investigation; and
(ii) promptly provide any resulting
identification and criminal history record information to the
submitting State identification bureau requesting the information.
(i) IN GENERAL- Upon receipt of the criminal
history record information from the Attorney General by the State
identification bureau, the information shall be used only as provided
in clause (ii).
(ii) TERMS- In the case of--
(I) a participating State that has no State
standards for qualification to be a private security officer, the State
shall notify an authorized employer as to the fact of whether an
employee has been--
(aa) convicted of a felony, an offense involving dishonesty
or a false statement if the conviction occurred during the previous 10
years, or an offense involving the use or attempted use of physical
force against the person of another if the conviction occurred during
the previous 10 years; or
(bb) charged with a criminal felony for which there has been no resolution during the preceding 365 days; or
(II) a participating State that has
State standards for qualification to be a private security officer, the
State shall use the information received pursuant to this section in
applying the State standards and shall only notify the employer of the
results of the application of the State standards.
(E) FREQUENCY OF REQUESTS- An authorized employer
may request a criminal history record information search for an
employee only once every 12 months of continuous employment by that
employee unless the authorized employer has good cause to submit
additional requests.
(2) REGULATIONS- Not later than 180 days after the date
of enactment of this Act, the Attorney General shall issue such final
or interim final regulations as may be necessary to carry out this
section, including--
(A) measures relating to the security,
confidentiality, accuracy, use, submission, dissemination, destruction
of information and audits, and recordkeeping;
(B) standards for qualification as an authorized employer; and
(C) the imposition of reasonable fees necessary for conducting the background checks.
(3) CRIMINAL PENALTIES FOR USE OF INFORMATION- Whoever
knowingly and intentionally uses any information obtained pursuant to
this section other than for the purpose of determining the suitability
of an individual for employment as a private security officer shall be
fined under title 18, United States Code, or imprisoned for not more
than 2 years, or both.
(A) IN GENERAL- The Director of the Federal Bureau of Investigation may--
(i) collect fees to process background checks provided for by this section; and
(ii) establish such fees at a level to include
an additional amount to defray expenses for the automation of
fingerprint identification and criminal justice information services
and associated costs.
(B) LIMITATIONS- Any fee collected under this subsection--
(i) shall, consistent with Public Law 101-515
and Public Law 104-99, be credited to the appropriation to be used for
salaries and other expenses incurred through providing the services
described in such Public Laws and in subparagraph (A);
(ii) shall be available for expenditure only to pay the costs of such activities and services; and
(iii) shall remain available until expended.
(C) STATE COSTS- Nothing in this section shall be
construed as restricting the right of a State to assess a reasonable
fee on an authorized employer for the costs to the State of
administering this section.
(5) STATE OPT OUT- A State may decline to participate
in the background check system authorized by this section by enacting a
law or issuing an order by the Governor (if consistent with State law)
providing that the State is declining to participate pursuant to this
paragraph.
SEC. 1117. BIOMETRIC STANDARD FOR VISA APPLICATIONS.
(a) SHORT TITLE- This section may be cited as the `Biometric Visa Standard Distant Borders Act'.
(b) TECHNOLOGY STANDARD FOR VISA WAIVER PARTICIPANTS-
Section 303(c) of the Enhanced Border Security and Visa Entry Reform
Act of 2002 (8 U.S.C. 1732(c)) is amended to read as follows:
`(c) TECHNOLOGY STANDARD FOR VISA WAIVER PARTICIPANTS-
`(1) IN GENERAL- Not later than October 26, 2006, the
Secretary of State shall certify to Congress which of the countries
designated to participate in the visa waiver program established under
section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) are
developing a program to issue to individuals seeking to enter that
country pursuant to a visa issued by that country, a machine readable
visa document that is tamper-resistant and incorporates biometric
identification information that is verifiable at its port of entry.
`(2) SAVINGS CLAUSE- This subsection shall not be
construed to rescind the requirement of section 217(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1187(a)(3)).'.
SEC. 1118. ANNUAL REPORT ON THE ALLOCATION OF RESOURCES WITHIN THE OFFICE OF FOREIGN ASSETS CONTROL.
(a) REQUIREMENT FOR ANNUAL REPORT- Not later than 180 days
after the date of enactment of this Act, and annually thereafter, the
Secretary of the Treasury shall submit to Congress a report on the
allocation of resources within the Office of Foreign Assets Control.
(b) CONTENT OF ANNUAL REPORT- An annual report required by subsection (a) shall include--
(A) the allocation of resources within the Office
of Foreign Assets Control to enforce the economic and trade sanctions
of the United States against terrorist organizations and targeted
foreign countries during the fiscal year prior to the fiscal year in
which such report is submitted; and
(B) the criteria on which such allocation is based;
(2) a description of any proposed modifications to such allocation; and
(3) an explanation for any such allocation that is not
based on prioritization of threats determined using appropriate
criteria, including the likelihood that--
(A) a terrorist organization or targeted foreign country--
(i) will sponsor or plan a direct attack against the United States or the interests of the United States; or
(ii) is participating in or maintaining a nuclear, biological, or chemical weapons development program; or
(B) a targeted foreign country--
(i) is financing, or allowing the financing, of a terrorist organization within such country; or
(ii) is providing safe haven to a terrorist organization within such country.
(c) EFFECTIVE DATE- Notwithstanding section 341 or any
other provision of this Act, this section shall take effect on the date
of the enactment of this Act.
SEC. 1119. CONGRESSIONAL OVERSIGHT OF FBI USE OF TRANSLATORS.
Not later than 30 days after the date of enactment of this
Act, and annually thereafter, the Attorney General of the United States
shall submit a report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of Representatives,
that contains, with respect to each preceding 12-month period--
(1) the number of translators employed, or contracted
for, by the Federal Bureau of Investigation or other components of the
Department of Justice;
(2) any legal or practical impediments to using
translators employed by the Federal, State, or local agencies on a
full-time, part-time, or shared basis;
(3) the needs of the Federal Bureau of Investigation
for the specific translation services in certain languages, and
recommendations for meeting those needs;
(4) the status of any automated statistical reporting system, including implementation and future viability;
(5) the storage capabilities of the digital collection system or systems utilized;
(6) a description of the establishment and compliance
with audio retention policies that satisfy the investigative and
intelligence goals of the Federal Bureau of Investigation; and
(7) a description of the implementation of quality
control procedures and mechanisms for monitoring compliance with
quality control procedures.
SEC. 1120. TERRORIST WATCH LISTS.
(a) CRITERIA FOR WATCH LIST- The National Intelligence
Director of the United States, in consultation with the Secretary of
Homeland Security, the Secretary of State, and the Attorney General,
shall report to Congress on the criteria for placing individuals on the
Terrorist Screening Center consolidated screening watch list, including
minimum standards for reliability and accuracy of identifying
information, the degree of information certainty and the range of
threat levels that the individual poses, and the range of applicable
consequences that apply to the person if located. To the greatest
extent consistent with the protection of law enforcement sensitive
information, classified information, and applicable law, the report
shall be in unclassified form and available to the public, with a
classified annex where necessary.
(b) SAFEGUARDS AGAINST ERRONEOUS LISTINGS- The Secretary of
Homeland Security shall establish a process for individuals to
challenge `Automatic Selectee' or `No Fly' designations on the
applicable lists as maintained by the Transportation Security
Administration and have their names removed from such lists, if
erroneously present.
(c) REPORT- Not later than 180 days after the date of
enactment of this Act, the Department of Homeland Security Privacy
Officer shall submit a report assessing the impact of the `No Fly' and
`Automatic Selectee' lists on privacy and civil liberties to the
Committee on the Judiciary, the Committee on Governmental Affairs, and
the Committee on Commerce, Science, and Transportation of the Senate,
and the Committee on the Judiciary, the Committee on Government Reform,
the Committee on Transportation and Infrastructure, and the Select
Committee on Homeland Security of the House of Representatives. The
report shall include any recommendations for practices, procedures,
regulations, or legislation to eliminate or minimize adverse effects of
such lists on privacy, discrimination, due process and other civil
liberties, as well as the implications of applying those lists to other
modes of transportation. In its analysis, the report shall also
consider the effect these recommendations would have on the ability of
such lists to protect the United States against terrorist attacks. To
the greatest extent consistent with the protection of law enforcement
sensitive information, classified information, and applicable law, the
report shall be in unclassified form and available to the public, with
a classified annex where necessary.
(d) EFFECTIVE DATE- Notwithstanding section 341 or any
other provision of this Act, this section shall become effective on the
date of enactment of this Act.
SEC. 1121. REGIONAL MODEL STRATEGIC PLAN PILOT PROJECTS.
(a) PILOT PROJECTS- Consistent with sections 302 and 430 of
the Homeland Security Act of 2002 (6 U.S.C. 182, 238), not later than
90 days after the date of enactment of this Act, the Secretary of
Homeland Security, in coordination with the Executive Director of the
Office of State and Local Government Coordination and Preparedness and
the Undersecretary for Science and Technology, shall establish not
fewer than 2 pilot projects in high threat urban areas or regions that
are likely to implement a national model strategic plan.
(b) PURPOSES- The purposes of the pilot projects required
by this section shall be to develop a regional strategic plan to foster
interagency communication in the area in which it is established and
coordinate the gathering of all Federal, State, and local first
responders in that area, consistent with the national strategic plan
developed by the Department of Homeland Security.
(c) SELECTION CRITERIA- In selecting urban areas for the
location of pilot projects under this section, the Secretary shall
consider--
(1) the level of threat risk to the area, as determined by the Department of Homeland Security;
(2) the number of Federal, State, and local law enforcement agencies located in the area;
(3) the number of potential victims from a large scale terrorist attack in the area; and
(4) such other criteria reflecting a community's risk and vulnerability as the Secretary determines is appropriate.
(d) INTERAGENCY ASSISTANCE- The Secretary of Defense shall
provide assistance to the Secretary of Homeland Security, as necessary
for the development of the pilot projects required by this section,
including examining relevant standards, equipment, and protocols in
order to improve interagency communication among first responders.
(e) REPORTS TO CONGRESS- The Secretary of Homeland Security shall submit to Congress--
(1) an interim report regarding the progress of the
interagency communications pilot projects required by this section 6
months after the date of enactment of this Act; and
(2) a final report 18 months after that date of enactment.
(f) FUNDING- There are authorized to be made available to
the Secretary of Homeland Security, such sums as may be necessary to
carry out this section.
SEC. 1122. BORDER SURVEILLANCE.
(a) IN GENERAL- Not later than 6 months after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to the President and the appropriate committees of Congress a
comprehensive plan for the systematic surveillance of the Southwest
border of the United States by remotely piloted aircraft.
(b) CONTENTS- The plan submitted under subsection (a) shall include--
(1) recommendations for establishing command and
control centers, operations sites, infrastructure, maintenance, and
procurement;
(2) cost estimates for the implementation of the plan and ongoing operations;
(3) recommendations for the appropriate agent within
the Department of Homeland Security to be the executive agency for
remotely piloted aircraft operations;
(4) the number of remotely piloted aircraft required for the plan;
(5) the types of missions the plan would undertake, including--
(A) protecting the lives of people seeking illegal entry into the United States;
(B) interdicting illegal movement of people, weapons, and other contraband across the border;
(C) providing investigative support to assist in the dismantling of smuggling and criminal networks along the border;
(D) using remotely piloted aircraft to serve as
platforms for the collection of intelligence against smugglers and
criminal networks along the border; and
(E) further validating and testing of remotely piloted aircraft for airspace security missions.
(6) the equipment necessary to carry out the plan; and
(7) a recommendation regarding whether to expand the pilot program along the entire Southwestern border.
(c) IMPLEMENTATION- The Secretary of Homeland Security
shall implement the plan submitted under subsection (a) as a pilot
program as soon as sufficient funds are appropriated and available for
this purpose.
(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated such sums as may be necessary to carry out the
provisions of this section.
SEC. 1123. ENTERPRISE ARCHITECTURE.
(a) DEFINITION OF ENTERPRISE ARCHITECTURE- In this section,
the term `enterprise architecture' means a detailed outline or
blueprint of the information technology of the Federal Bureau of
Investigation that will satisfy the ongoing mission and goals of the
Federal Bureau of Investigation and that sets forth specific and
identifiable benchmarks.
(b) ENTERPRISE ARCHITECTURE- The Federal Bureau of Investigation shall--
(1) continually maintain and update an enterprise architecture; and
(2) maintain a state of the art and up to date
information technology infrastructure that is in compliance with the
enterprise architecture of the Federal Bureau of Investigation.
(c) REPORT- Subject to subsection (d), the Director of the
Federal Bureau of Investigation shall report to the House and Senate
Judiciary Committees, on an annual basis, on whether the major
information technology investments of the Federal Bureau of
Investigation are in compliance with the enterprise architecture of the
Federal Bureau of Investigation and identify any inability or
expectation of inability to meet the terms set forth in the enterprise
architecture.
(d) FAILURE TO MEET TERMS- If the Director of the Federal
Bureau of Investigation identifies any inability or expectation of
inability to meet the terms set forth in the enterprise architecture in
a report under subsection (c), the report under subsection (c) shall--
(1) be twice a year until the inability is corrected;
(2) include a statement as to whether the inability or
expectation of inability to meet the terms set forth in the enterprise
architecture is substantially related to resources; and
(3) if the inability or expectation of inability is
substantially related to resources, include a request for additional
funding that would resolve the problem or a request to reprogram funds
that would resolve the problem.
(e) FEDERAL BUREAU OF INVESTIGATION'S ENTERPRISE
ARCHITECTURE, AGENCY PLANS AND REPORTS- This section shall be carried
out in compliance with the requirements set forth in section 206(f) and
(l).
SEC. 1124. REPORT ON USE OF DATABASES.
(a) DEFINITIONS- In this section:
(1) DATA-MINING- The term `data-mining' means a query or search or other analysis of 1 or more electronic databases, where--
(A) at least 1 of the databases was obtained from
or remains under the control of a non-Federal entity, or the
information was acquired initially by another department or agency of
the Federal Government;
(B) the search does not use a specific individual's
personal identifiers to acquire information concerning that individual;
and
(C) a department or agency of the Federal
Government or a non-Federal entity acting on behalf of the Federal
Government is conducting the query or search or other analysis to find
a pattern indicating terrorist, criminal, or other law enforcement
related activity.
(2) DATABASE- The term `database' does not include
telephone directories, information publicly available via the Internet
or available by any other means to any member of the public without
payment of a fee, or databases of judicial and administrative opinions.
(b) REPORTS ON DATA-MINING ACTIVITIES-
(1) REQUIREMENT FOR REPORT- Beginning 1 year after the
effective date of this section, the National Intelligence Director
shall submit a report, public to the extent possible with a classified
annex, to Congress on all activities of the intelligence community to
use or develop data-mining technology.
(2) CONTENT OF REPORT- A report submitted under
paragraph (1) shall include, for each activity to use or develop
data-mining technology that is required to be covered by the report,
the following information:
(A) A thorough description of the data-mining
technology, the plans for the use of such technology, the data that
will be used, and the target dates for the deployment of the
data-mining technology.
(B) An assessment of the likely impact of the implementation of the data-mining technology on privacy and civil liberties.
(C) A thorough discussion of the policies,
procedures, and guidelines that are to be developed and applied in the
use of such technology for data-mining in order to--
(i) protect the privacy and due process rights of individuals; and
(ii) ensure that only accurate information is collected and used.
(D) Any necessary classified information in an
annex that shall be available to the Committee on Governmental Affairs,
the Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate and the Permanent Select Committee on
Intelligence and Committee on the Judiciary of the House of
Representatives.
(3) TIME FOR REPORT- The report required under paragraph (1) shall be submitted not later than September 30th of each year.
(4) EXPIRATION- The requirements of this subsection shall expire 4 years after the date of enactment of this Act.
Passed the Senate October 6, 2004.
Attest:
Secretary.
108th CONGRESS
2d Session
S. 2845
AN ACT
To reform the intelligence community and the intelligence and
intelligence-related activities of the United States Government, and
for other purposes.
October 6, 2004
Ordered to be printed as passed
END