--S.2845--
S.2845
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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 `Intelligence Reform and Terrorism Prevention Act of 2004'.
(b) TABLE OF CONTENTS- The table of contents for this Act is as follows:
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
Subtitle A--Establishment of Director of National Intelligence
Sec. 1011. Reorganization and improvement of management of intelligence community.
Sec. 1012. Revised definition of national intelligence.
Sec. 1013. Joint procedures for operational coordination between Department of Defense and Central Intelligence Agency.
Sec. 1014. Role of Director of National Intelligence in
appointment of certain officials responsible for intelligence-related
activities.
Sec. 1015. Executive Schedule matters.
Sec. 1016. Information sharing.
Sec. 1017. Alternative analysis of intelligence by the intelligence community.
Sec. 1018. Presidential guidelines on implementation and preservation of authorities.
Sec. 1019. Assignment of responsibilities relating to analytic integrity.
Sec. 1020. Safeguard of objectivity in intelligence analysis.
Subtitle B--National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers
Sec. 1021. National Counterterrorism Center.
Sec. 1022. National Counter Proliferation Center.
Sec. 1023. National intelligence centers.
Subtitle C--Joint Intelligence Community Council
Sec. 1031. Joint Intelligence Community Council.
Subtitle D--Improvement of Education for the Intelligence Community
Sec. 1041. Additional education and training requirements.
Sec. 1042. Cross-disciplinary education and training.
Sec. 1043. Intelligence Community Scholarship Program.
Subtitle E--Additional Improvements of Intelligence Activities
Sec. 1051. Service and national laboratories and the intelligence community.
Sec. 1052. Open-source intelligence.
Sec. 1053. National Intelligence Reserve Corps.
Subtitle F--Privacy and Civil Liberties
Sec. 1061. Privacy and Civil Liberties Oversight Board.
Sec. 1062. Sense of Congress on designation of privacy and civil liberties officers.
Subtitle G--Conforming and Other Amendments
Sec. 1071. Conforming amendments relating to roles of
Director of National Intelligence and Director of the Central
Intelligence Agency.
Sec. 1072. Other conforming amendments.
Sec. 1073. Elements of intelligence community under National Security Act of 1947.
Sec. 1074. Redesignation of National Foreign Intelligence Program as National Intelligence Program.
Sec. 1075. Repeal of superseded authority.
Sec. 1076. Clerical amendments to National Security Act of 1947.
Sec. 1077. Conforming amendments relating to prohibiting dual service of the Director of the Central Intelligence Agency.
Sec. 1078. Authority to establish inspector general for the Office of the Director of National Intelligence.
Sec. 1079. Ethics matters.
Sec. 1080. Construction of authority of Director of National Intelligence to acquire and manage property and services.
Sec. 1081. General references.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
Sec. 1091. Transfer of Community Management Staff.
Sec. 1092. Transfer of Terrorist Threat Integration Center.
Sec. 1093. Termination of positions of Assistant Directors of Central Intelligence.
Sec. 1094. Implementation plan.
Sec. 1095. Director of National Intelligence report on implementation of intelligence community reform.
Sec. 1096. Transitional authorities.
Sec. 1097. Effective dates.
Subtitle I--Other Matters
Sec. 1101. Study of promotion and professional military education school selection rates for military intelligence officers.
Sec. 1102. Extension and improvement of authorities of Public Interest Declassification Board.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
Sec. 2001. Improvement of intelligence capabilities of the Federal Bureau of Investigation.
Sec. 2002. Directorate of Intelligence of the Federal Bureau of Investigation.
Sec. 2003. Federal Bureau of Investigation intelligence career service.
Sec. 2004. Federal Bureau of Investigation Reserve Service.
Sec. 2005. Federal Bureau of Investigation mandatory separation age.
Sec. 2006. Federal Bureau of Investigation use of translators.
TITLE III--SECURITY CLEARANCES
Sec. 3001. Security clearances.
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
Sec. 4001. National Strategy for Transportation Security.
Subtitle B--Aviation Security
Sec. 4011. Provision for the use of biometric or other technology.
Sec. 4012. Advanced airline passenger prescreening.
Sec. 4013. Deployment and use of detection equipment at airport screening checkpoints.
Sec. 4014. Advanced airport checkpoint screening devices.
Sec. 4015. Improvement of screener job performance.
Sec. 4016. Federal air marshals.
Sec. 4017. International agreements to allow maximum deployment of Federal air marshals.
Sec. 4018. Foreign air marshal training.
Sec. 4019. In-line checked baggage screening.
Sec. 4020. Checked baggage screening area monitoring.
Sec. 4021. Wireless communication.
Sec. 4022. Improved pilot licenses.
Sec. 4023. Aviation security staffing.
Sec. 4024. Improved explosive detection systems.
Sec. 4025. Prohibited items list.
Sec. 4026. Man-Portable Air Defense Systems (MANPADs).
Sec. 4027. Technical corrections.
Sec. 4028. Report on secondary flight deck barriers.
Sec. 4029. Extension of authorization of aviation security funding.
Subtitle C--Air Cargo Security
Sec. 4051. Pilot program to evaluate use of blast resistant cargo and baggage containers.
Sec. 4052. Air cargo security.
Sec. 4053. Air cargo security regulations.
Sec. 4054. Report on international air cargo threats.
Subtitle D--Maritime Security
Sec. 4071. Watch lists for passengers aboard vessels.
Sec. 4072. Deadlines for completion of certain plans, reports, and assessments.
Subtitle E--General Provisions
Sec. 4082. Effective date.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
Sec. 5101. Establishment.
Sec. 5102. Program requirements.
Sec. 5103. Administrative provisions.
Sec. 5105. Authorization of appropriations.
Subtitle B--Border and Immigration Enforcement
Sec. 5201. Border surveillance.
Sec. 5202. Increase in full-time Border Patrol agents.
Sec. 5203. Increase in full-time immigration and customs enforcement investigators.
Sec. 5204. Increase in detention bed space.
Subtitle C--Visa Requirements
Sec. 5301. In person interviews of visa applicants.
Sec. 5302. Visa application requirements.
Sec. 5303. Effective date.
Sec. 5304. Revocation of visas and other travel documentation.
Subtitle D--Immigration Reform
Sec. 5401. Bringing in and harboring certain aliens.
Sec. 5402. Deportation of aliens who have received military-type training from terrorist organizations.
Sec. 5403. Study and report on terrorists in the asylum system.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
Sec. 5501. Inadmissibility and deportability of aliens who have committed acts of torture or extrajudicial killings abroad.
Sec. 5502. Inadmissibility and deportability of foreign
government officials who have committed particularly severe violations
of religious freedom.
Sec. 5503. Waiver of inadmissibility.
Sec. 5504. Bar to good moral character for aliens who
have committed acts of torture, extrajudicial killings, or severe
violations of religious freedom.
Sec. 5505. Establishment of the Office of Special Investigations.
Sec. 5506. Report on implementation.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
Sec. 6001. Individual terrorists as agents of foreign powers.
Sec. 6002. Additional semiannual reporting requirements under the Foreign Intelligence Surveillance Act of 1978.
Subtitle B--Money Laundering and Terrorist Financing
Sec. 6101. Additional authorization for finCEN.
Sec. 6102. Money laundering and financial crimes strategy reauthorization.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism Technical Corrections
Sec. 6202. Technical corrections to Public Law 107-56.
Sec. 6203. Technical corrections to other provisions of law.
Sec. 6204. Repeal of review.
Sec. 6205. Effective date.
Subtitle D--Additional Enforcement Tools
Sec. 6301. Bureau of Engraving and Printing security printing.
Sec. 6302. Reporting of certain cross-border transmittal of funds.
Sec. 6303. Terrorism financing.
Subtitle E--Criminal History Background Checks
Sec. 6402. Reviews of criminal records of applicants for private security officer employment.
Sec. 6403. Criminal history background checks.
Subtitle F--Grand Jury Information Sharing
Sec. 6501. Grand jury information sharing.
Subtitle G--Providing Material Support to Terrorism
Sec. 6602. Receiving military-type training from a foreign terrorist organization.
Sec. 6603. Additions to offense of providing material support to terrorism.
Sec. 6604. Financing of terrorism.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
Sec. 6702. Hoaxes and recovery costs.
Sec. 6703. Obstruction of justice and false statements in terrorism cases.
Sec. 6704. Clarification of definition.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 2004
Sec. 6802. Weapons of mass destruction.
Sec. 6803. Participation in nuclear and weapons of mass destruction threats to the United States.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 2004
Sec. 6902. Findings and purpose.
Sec. 6903. Missile systems designed to destroy aircraft.
Sec. 6904. Atomic weapons.
Sec. 6905. Radiological dispersal devices.
Sec. 6906. Variola virus.
Sec. 6907. Interception of communications.
Sec. 6908. Amendments to section 2332b(g)(5)(b) of title 18, United States Code.
Sec. 6909. Amendments to section 1956(c)(7)(d) of title 18, United States Code.
Sec. 6910. Export licensing process.
Sec. 6911. Clerical amendments.
Subtitle K--Pretrial Detention of Terrorists
Sec. 6952. Presumption for pretrial detention in cases involving terrorism.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on Terrorism
Sec. 7102. Terrorist sanctuaries.
Sec. 7103. United States commitment to the future of Pakistan.
Sec. 7104. Assistance for Afghanistan.
Sec. 7105. The relationship between the United States and Saudi Arabia.
Sec. 7106. Efforts to combat Islamist terrorism.
Sec. 7107. United States policy toward dictatorships.
Sec. 7108. Promotion of free media and other American values.
Sec. 7109. Public diplomacy responsibilities of the Department of State.
Sec. 7110. Public diplomacy training.
Sec. 7111. Promoting democracy and human rights at international organizations.
Sec. 7112. Expansion of United States scholarship and exchange programs in the Islamic world.
Sec. 7113. Pilot program to provide grants to
American-sponsored schools in predominantly Muslim countries to provide
scholarships.
Sec. 7114. International Youth Opportunity Fund.
Sec. 7115. The use of economic policies to combat terrorism.
Sec. 7116. Middle East partnership initiative.
Sec. 7117. Comprehensive coalition strategy for fighting terrorism.
Sec. 7118. Financing of terrorism.
Sec. 7119. Designation of foreign terrorist organizations.
Sec. 7120. Report to Congress.
Sec. 7121. Case-Zablocki Act requirements.
Sec. 7122. Effective date.
Subtitle B--Terrorist Travel and Effective Screening
Sec. 7201. Counterterrorist travel intelligence.
Sec. 7202. Establishment of human smuggling and trafficking center.
Sec. 7203. Responsibilities and functions of consular officers.
Sec. 7204. International agreements to track and curtail terrorist travel through the use of fraudulently obtained documents.
Sec. 7205. International standards for transliteration
of names into the Roman alphabet for international travel documents and
name-based watchlist systems.
Sec. 7206. Immigration security initiative.
Sec. 7207. Certification regarding technology for visa waiver participants.
Sec. 7208. Biometric entry and exit data system.
Sec. 7209. Travel documents.
Sec. 7210. Exchange of terrorist information and increased preinspection at foreign airports.
Sec. 7211. Minimum standards for birth certificates.
Sec. 7212. Driver's licenses and personal identification cards.
Sec. 7213. Social security cards and numbers.
Sec. 7214. Prohibition of the display of social security account numbers on driver's licenses or motor vehicle registrations.
Sec. 7215. Terrorist travel program.
Sec. 7216. Increase in penalties for fraud and related activity.
Sec. 7217. Study on allegedly lost or stolen passports.
Sec. 7218. Establishment of visa and passport security program in the Department of State.
Sec. 7219. Effective date.
Sec. 7220. Identification standards.
Subtitle C--National Preparedness
Sec. 7301. The incident command system.
Sec. 7302. National capital region mutual aid.
Sec. 7303. Enhancement of public safety communications interoperability.
Sec. 7304. Regional model strategic plan pilot projects.
Sec. 7305. Private sector preparedness.
Sec. 7306. Critical infrastructure and readiness assessments.
Sec. 7307. Northern command and defense of the United States homeland.
Sec. 7308. Effective date.
Subtitle D--Homeland Security
Sec. 7401. Sense of Congress on first responder funding.
Sec. 7402. Coordination of industry efforts.
Sec. 7403. Study regarding nationwide emergency notification system.
Sec. 7404. Pilot study to move warning systems into the modern digital age.
Sec. 7405. Required coordination.
Sec. 7406. Emergency preparedness compacts.
Sec. 7407. Responsibilities of counternarcotics office.
Sec. 7408. Use of counternarcotics enforcement activities in certain employee performance appraisals.
Subtitle E--Public Safety Spectrum
Sec. 7501. Digital television conversion deadline.
Sec. 7502. Studies on telecommunications capabilities and requirements.
Subtitle F--Presidential Transition
Sec. 7601. Presidential transition.
Subtitle G--Improving International Standards and Cooperation to Fight Terrorist Financing
Sec. 7701. Improving international standards and cooperation to fight terrorist financing.
Sec. 7703. Expanded reporting and testimony requirements for the Secretary of the Treasury.
Sec. 7704. Coordination of United States Government efforts.
Subtitle H--Emergency Financial Preparedness
Sec. 7801. Delegation authority of the Secretary of the Treasury.
Sec. 7802. Treasury support for financial services industry preparedness and response and consumer education.
Sec. 7803. Emergency Securities Response Act of 2004.
Sec. 7804. Private sector preparedness.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
Sec. 8101. Intelligence community use of National Infrastructure Simulation and Analysis Center.
Subtitle B--Department of Homeland Security Matters
Sec. 8201. Homeland security geospatial information.
Subtitle C--Homeland Security Civil Rights and Civil Liberties Protection
Sec. 8302. Mission of Department of Homeland Security.
Sec. 8303. Officer for Civil Rights and Civil Liberties.
Sec. 8304. Protection of civil rights and civil liberties by Office of Inspector General.
Sec. 8305. Privacy officer.
Sec. 8306. Protections for human research subjects of the Department of Homeland Security.
Subtitle D--Other Matters
Sec. 8401. Amendments to Clinger-Cohen Act provisions to enhance agency planning for information security needs.
Sec. 8402. Enterprise architecture.
Sec. 8403. Financial disclosure and records.
Sec. 8404. Extension of requirement for air carriers to honor tickets for suspended air passenger service.
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
SEC. 1001. SHORT TITLE.
This title may be cited as the `National Security Intelligence Reform Act of 2004'.
Subtitle A--Establishment of Director of National Intelligence
SEC. 1011. REORGANIZATION AND IMPROVEMENT OF MANAGEMENT OF INTELLIGENCE COMMUNITY.
(a) 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:
`DIRECTOR OF NATIONAL INTELLIGENCE
`SEC. 102. (a) DIRECTOR OF NATIONAL INTELLIGENCE- (1) There
is a Director of National Intelligence who shall be appointed by the
President, by and with the advice and consent of the Senate. Any
individual nominated for appointment as Director of National
Intelligence shall have extensive national security expertise.
`(2) The Director of National Intelligence shall not be located within the Executive Office of the President.
`(b) PRINCIPAL RESPONSIBILITY- Subject to the authority,
direction, and control of the President, the Director of National
Intelligence shall--
`(1) serve as head of the intelligence community;
`(2) act as the principal adviser to the President, to
the National Security Council, and the Homeland Security Council for
intelligence matters related to the national security; and
`(3) consistent with section 1018 of the National
Security Intelligence Reform Act of 2004, oversee and direct the
implementation of the National Intelligence Program.
`(c) PROHIBITION ON DUAL SERVICE- The individual serving in
the position of Director of National Intelligence shall not, while so
serving, also serve as the Director of the Central Intelligence Agency
or as the head of any other element of the intelligence community.
`RESPONSIBILITIES AND AUTHORITIES OF THE DIRECTOR OF NATIONAL INTELLIGENCE
`SEC. 102A. (a) PROVISION OF INTELLIGENCE- (1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided--
`(B) to the heads of departments and agencies of the executive branch;
`(C) to the Chairman of the Joint Chiefs of Staff and senior military commanders;
`(D) to the Senate and House of Representatives and the committees thereof; and
`(E) to such other persons as the Director of National Intelligence determines to be appropriate.
`(2) Such national intelligence should be timely,
objective, independent of political considerations, and based upon all
sources available to the intelligence community and other appropriate
entities.
`(b) ACCESS TO INTELLIGENCE- Unless otherwise directed by
the President, the Director of National Intelligence shall have access
to all national intelligence and intelligence related to the national
security which is collected by any Federal department, agency, or other
entity, except as otherwise provided by law or, as appropriate, under
guidelines agreed upon by the Attorney General and the Director of
National Intelligence.
`(c) BUDGET AUTHORITIES- (1) With respect to budget
requests and appropriations for the National Intelligence Program, the
Director of National Intelligence shall--
`(A) based on intelligence priorities set by the
President, provide to the heads of departments containing agencies or
organizations within the intelligence community, and to the heads of
such agencies and organizations, guidance for developing the National
Intelligence Program budget pertaining to such agencies and
organizations;
`(B) based on budget proposals provided to the Director
of National Intelligence by the heads of agencies and organizations
within the intelligence community and the heads of their respective
departments and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and determine an annual
consolidated National Intelligence Program budget; and
`(C) present such consolidated National Intelligence
Program budget, together with any comments from the heads of
departments containing agencies or organizations within the
intelligence community, to the President for approval.
`(2) In addition to the information provided under
paragraph (1)(B), the heads of agencies and organizations within the
intelligence community shall provide the Director of National
Intelligence such other information as the Director shall request for
the purpose of determining the annual consolidated National
Intelligence Program budget under that paragraph.
`(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program and for
Tactical Intelligence and Related Activities.
`(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each element of
the intelligence community that is not within the National Intelligence
Program.
`(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
`(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National Intelligence
Program by directing the allotment or allocation of such appropriations
through the heads of the departments containing agencies or
organizations within the intelligence community and the Director of the
Central Intelligence Agency, with prior notice (including the provision
of appropriate supporting information) to the head of the department
containing an agency or organization receiving any such allocation or
allotment or the Director of the Central Intelligence Agency.
`(B) Notwithstanding any other provision of law, pursuant
to relevant appropriations Acts for the National Intelligence Program,
the Director of the Office of Management and Budget shall exercise the
authority of the Director of the Office of Management and Budget to
apportion funds, at the exclusive direction of the Director of National
Intelligence, for allocation to the elements of the intelligence
community through the relevant host executive departments and the
Central Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or transfer
funds appropriated for the National Intelligence Program in an
expeditious manner.
`(C) The Director of National Intelligence shall monitor
the implementation and execution of the National Intelligence Program
by the heads of the elements of the intelligence community that manage
programs and activities that are part of the National Intelligence
Program, which may include audits and evaluations.
`(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of title 31,
United States Code, and the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 621 et seq.).
`(7)(A) The Director of National Intelligence shall provide
a semi-annual report, beginning April 1, 2005, and ending April 1,
2007, to the President and the Congress regarding implementation of
this section.
`(B) The Director of National Intelligence shall report to
the President and the Congress not later than 15 days after learning of
any instance in which a departmental comptroller acts in a manner
inconsistent with the law (including permanent statutes, authorization
Acts, and appropriations Acts), or the direction of the Director of
National Intelligence, in carrying out the National Intelligence
Program.
`(d) ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN TRANSFER
AND REPROGRAMMING OF FUNDS- (1)(A) No funds made available under the
National Intelligence Program may be transferred or reprogrammed
without the prior approval of the Director of National Intelligence,
except in accordance with procedures prescribed by the Director of
National Intelligence.
`(B) The Secretary of Defense shall consult with the
Director of National Intelligence before transferring or reprogramming
funds made available under the Joint Military Intelligence Program.
`(2) Subject to the succeeding provisions of this
subsection, the Director of National Intelligence may transfer or
reprogram funds appropriated for a program within the National
Intelligence Program to another such program.
`(3) The Director of National Intelligence may only transfer or reprogram funds referred to in subparagraph (A)--
`(A) with the approval of the Director of the Office of Management and Budget; and
`(B) after consultation with the heads of departments
containing agencies or organizations within the intelligence community
to the extent such agencies or organizations are affected, and, in the
case of the Central Intelligence Agency, after consultation with the
Director of the Central Intelligence Agency.
`(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and the
terms and conditions governing such transfers and reprogrammings, are
subject to the provisions of annual appropriations Acts and this
subsection.
`(5)(A) A transfer or reprogramming of funds or personnel may be made under this subsection only if--
`(i) the funds are being transferred to an activity that is a higher priority intelligence activity;
`(ii) the transfer or reprogramming supports an emergent need, improves program effectiveness, or increases efficiency;
`(iii) the transfer or reprogramming does not involve a
transfer or reprogramming of funds to a Reserve for Contingencies of
the Director of National Intelligence or the Reserve for Contingencies
of the Central Intelligence Agency;
`(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of any department or
agency, as appropriate, funded in the National Intelligence Program in
a single fiscal year--
`(I) that is less than $150,000,000, and
`(II) that is less than 5 percent of amounts available to a department or agency under the National Intelligence Program; and
`(v) the transfer or reprogramming does not terminate an acquisition program.
`(B) A transfer or reprogramming may be made without regard
to a limitation set forth in clause (iv) or (v) of subparagraph (A) if
the transfer has the concurrence of the head of the department involved
or the Director of the Central Intelligence Agency (in the case of the
Central Intelligence Agency). The authority to provide such concurrence
may only be delegated by the head of the department or agency involved
to the deputy of such officer.
`(6) Funds transferred or reprogrammed under this
subsection shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
`(7) Any transfer or reprogramming 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 or reprogramming for
which notice is given to the appropriate congressional committees shall
be accompanied by a report explaining the nature of the proposed
transfer or reprogramming and how it satisfies the requirements of this
subsection. In addition, the congressional intelligence committees
shall be promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the transfer or
reprogramming would not have otherwise required reprogramming
notification under procedures in effect as of the date of the enactment
of this subsection.
`(e) TRANSFER OF PERSONNEL- (1)(A) In addition to any other
authorities available under law for such purposes, in the first twelve
months after establishment of a new national intelligence center, the
Director of National Intelligence, with the approval of the Director of
the Office of Management and Budget and in consultation with the
congressional committees of jurisdiction referred to in subparagraph
(B), may transfer not more than 100 personnel authorized for elements
of the intelligence community to such center.
`(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to this
paragraph to--
`(i) the congressional intelligence committees;
`(ii) the Committees on Appropriations of the Senate and the House of Representatives;
`(iii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed Services of the
Senate and the House of Representatives; and
`(iv) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on the Judiciary of
the Senate and the House of Representatives.
`(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer and how
it satisfies the requirements of this subsection.
`(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget and in
accordance with procedures to be developed by the Director of National
Intelligence and the heads of the departments and agencies concerned,
may transfer personnel authorized for an element of the intelligence
community to another such element for a period of not more than 2 years.
`(B) A transfer of personnel may be made under this paragraph only if--
`(i) the personnel are being transferred to an activity that is a higher priority intelligence activity; and
`(ii) the transfer supports an emergent need, improves program effectiveness, or increases efficiency.
`(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to this
paragraph to--
`(i) the congressional intelligence committees;
`(ii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed Services of the
Senate and the House of Representatives; and
`(iii) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on the Judiciary of
the Senate and the House of Representatives.
`(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer and how
it satisfies the requirements of this paragraph.
`(3) It is the sense of Congress that--
`(A) the nature of the national security threats facing
the United States will continue to challenge the intelligence community
to respond rapidly and flexibly to bring analytic resources to bear
against emerging and unforeseen requirements;
`(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be necessary should
be fully and properly supported with appropriate levels of personnel
resources and that the President's yearly budget requests adequately
support those needs; and
`(C) the President should utilize all legal and
administrative discretion to ensure that the Director of National
Intelligence and all other elements of the intelligence community have
the necessary resources and procedures to respond promptly and
effectively to emerging and unforeseen national security challenges.
`(f) TASKING AND OTHER AUTHORITIES- (1)(A) The Director of National Intelligence shall--
`(i) establish objectives, priorities, and guidance for
the intelligence community to ensure timely and effective collection,
processing, analysis, and dissemination (including access by users to
collected data consistent with applicable law and, as appropriate, the
guidelines referred to in subsection (b) and analytic products
generated by or within the intelligence community) of national
intelligence;
`(ii) determine requirements and priorities for, and
manage and direct the tasking of, collection, analysis, production, and
dissemination of national intelligence by elements of the intelligence
community, including--
`(I) approving requirements (including those
requirements responding to needs provided by consumers) for collection
and analysis; and
`(II) resolving conflicts in collection
requirements and in the tasking of national collection assets of the
elements of the intelligence community; and
`(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within the National
Intelligence Program.
`(B) The authority of the Director of National Intelligence under subparagraph (A) shall not apply--
`(i) insofar as the President so directs;
`(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking authority under
plans or arrangements agreed upon by the Secretary of Defense and the
Director of National Intelligence; or
`(iii) to the direct dissemination of information to
State government and local government officials and private sector
entities pursuant to sections 201 and 892 of the Homeland Security Act
of 2002 (6 U.S.C. 121, 482).
`(2) The Director of National Intelligence shall oversee
the National Counterterrorism Center and may establish such other
national intelligence centers as the Director determines necessary.
`(3)(A) The Director of National Intelligence shall
prescribe, in consultation with the heads of other agencies or elements
of the intelligence community, and the heads of their respective
departments, personnel policies and programs applicable to the
intelligence community that--
`(i) encourage and facilitate assignments and details
of personnel to national intelligence centers, and between elements of
the intelligence community;
`(ii) set standards for education, training, and career development of personnel of the intelligence community;
`(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly qualified individuals
for the effective conduct of intelligence activities;
`(iv) ensure that the personnel of the intelligence
community are 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;
`(v) 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; and
`(vi) ensure the effective management of intelligence
community personnel who are responsible for intelligence community-wide
matters.
`(B) Policies prescribed under subparagraph (A) shall not
be inconsistent with the personnel policies otherwise applicable to
members of the uniformed services.
`(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States by the
Central Intelligence Agency and shall ensure such compliance by other
elements of the intelligence community through the host executive
departments that manage the programs and activities that are part of
the National Intelligence Program.
`(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
`(6) The Director of National Intelligence shall 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 national intelligence purposes, except
that the Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant to that
Act unless authorized by statute or Executive order.
`(7) The Director of National Intelligence shall perform such other functions as the President may direct.
`(8) Nothing in this title shall be construed as affecting
the role of the Department of Justice or the Attorney General under the
Foreign Intelligence Surveillance Act of 1978.
`(g) INTELLIGENCE INFORMATION SHARING- (1) The Director of
National Intelligence shall have principal authority to ensure maximum
availability of and access to intelligence information within the
intelligence community consistent with national security requirements.
The Director of National Intelligence shall--
`(A) establish uniform security standards and procedures;
`(B) establish common information technology standards, protocols, and interfaces;
`(C) ensure development of information technology
systems that include multi-level security and intelligence integration
capabilities;
`(D) establish policies and procedures to resolve
conflicts between the need to share intelligence information and the
need to protect intelligence sources and methods;
`(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the intelligence
community comply with such architecture; and
`(F) have procurement approval authority over all
enterprise architecture-related information technology items funded in
the National Intelligence Program.
`(2) The President shall ensure that the Director of
National Intelligence has all necessary support and authorities to
fully and effectively implement paragraph (1).
`(3) Except as otherwise directed by the President or with
the specific written agreement of the head of the department or agency
in question, a Federal agency or official shall not be considered to
have met any obligation to provide any information, report, assessment,
or other material (including unevaluated intelligence information) to
that department or agency solely by virtue of having provided that
information, report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
`(4) Not later than February 1 of each year, the Director
of National Intelligence shall submit to the President and to the
Congress an annual report that identifies any statute, regulation,
policy, or practice that the Director believes impedes the ability of
the Director to fully and effectively implement paragraph (1).
`(h) ANALYSIS- To ensure the most accurate analysis of
intelligence is derived from all sources to support national security
needs, the Director of National Intelligence shall--
`(1) implement policies and procedures--
`(A) to encourage sound analytic methods and tradecraft throughout the elements of the intelligence community;
`(B) to ensure that analysis is based upon all sources available; and
`(C) to ensure that the elements of the
intelligence community regularly conduct competitive analysis of
analytic products, whether such products are produced by or
disseminated to such elements;
`(2) ensure that resource allocation for intelligence
analysis is appropriately proportional to resource allocation for
intelligence collection systems and operations in order to maximize
analysis of all collected data;
`(3) ensure that differences in analytic judgment are fully considered and brought to the attention of policymakers; and
`(4) ensure that sufficient relationships are
established between intelligence collectors and analysts to facilitate
greater understanding of the needs of analysts.
`(i) PROTECTION OF INTELLIGENCE SOURCES AND METHODS- (1)
The Director of National Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
`(2) Consistent with paragraph (1), in order to maximize
the dissemination of intelligence, the Director of National
Intelligence shall establish and implement guidelines for the
intelligence community for the following purposes:
`(A) Classification of information under applicable law, Executive orders, or other Presidential directives.
`(B) Access to and dissemination of intelligence, both in final form and in the form when initially gathered.
`(C) Preparation of intelligence products in such a way
that source information is removed to allow for dissemination at the
lowest level of classification possible or in unclassified form to the
extent practicable.
`(3) The Director may only delegate a duty or authority
given the Director under this subsection to the Principal Deputy
Director of National Intelligence.
`(j) UNIFORM PROCEDURES FOR SENSITIVE COMPARTMENTED
INFORMATION- The Director of National Intelligence, subject to the
direction of the President, shall--
`(1) establish uniform standards and procedures for the
grant of access to sensitive compartmented information to any officer
or employee of any agency or department of the United States and to
employees of contractors of those agencies or departments;
`(2) ensure the consistent implementation of those standards and procedures throughout such agencies and departments;
`(3) ensure that security clearances granted by
individual elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts entered
into by those agencies; and
`(4) ensure that the process for investigation and
adjudication of an application for access to sensitive compartmented
information is performed in the most expeditious manner possible
consistent with applicable standards for national security.
`(k) COORDINATION WITH FOREIGN GOVERNMENTS- Under the
direction of the President and in a manner consistent with section 207
of the Foreign Service Act of 1980 (22 U.S.C. 3927), the Director of
National Intelligence shall oversee the coordination of 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 or involving intelligence acquired
through clandestine means.
`(l) ENHANCED PERSONNEL MANAGEMENT- (1)(A) The Director of
National Intelligence shall, under regulations prescribed by the
Director, provide incentives for personnel of elements of the
intelligence community to serve--
`(i) on the staff of the Director of National Intelligence;
`(ii) on the staff of the national intelligence centers;
`(iii) on the staff of the National Counterterrorism Center; and
`(iv) in other positions in support of the intelligence community management functions of the Director.
`(B) Incentives under subparagraph (A) may include
financial incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
`(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are assigned
or detailed under paragraph (1)(A) to service under the Director of
National Intelligence shall be promoted at rates equivalent to or
better than personnel of such element who are not so assigned or
detailed.
`(B) The Director may prescribe regulations to carry out this section.
`(3)(A) The Director of National Intelligence shall
prescribe mechanisms to facilitate the rotation of personnel of the
intelligence community through various elements of the intelligence
community in the course of their careers in order to facilitate the
widest possible understanding by such personnel of the variety of
intelligence requirements, methods, users, and capabilities.
`(B) The mechanisms prescribed under subparagraph (A) may include the following:
`(i) The establishment of special occupational
categories involving service, over the course of a career, in more than
one element of the intelligence community.
`(ii) The provision of rewards for service in positions
undertaking analysis and planning of operations involving two or more
elements of the intelligence community.
`(iii) The establishment of requirements for education,
training, service, and evaluation for service involving more than one
element of the intelligence community.
`(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent practical, seek
to duplicate for civilian personnel within the intelligence community
the joint officer management policies established by chapter 38 of
title 10, United States Code, and the other amendments made by title IV
of the Goldwater-Nichols Department of Defense Reorganization Act of
1986 (Public Law 99-433).
`(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect to
personnel of the elements of the intelligence community who are members
of the uniformed services.
`(B) Mechanisms that establish requirements for education
and training pursuant to paragraph (3)(B)(iii) may apply with respect
to members of the uniformed services who are assigned to an element of
the intelligence community funded through the National Intelligence
Program, but such mechanisms shall not be inconsistent with personnel
policies and education and training requirements otherwise applicable
to members of the uniformed services.
`(C) The personnel policies and programs developed and
implemented under this subsection with respect to law enforcement
officers (as that term is defined in section 5541(3) of title 5, United
States Code) shall not affect the ability of law enforcement entities
to conduct operations or, through the applicable chain of command, to
control the activities of such law enforcement officers.
`(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall be
considered a joint-duty assignment for purposes of the joint officer
management policies prescribed by chapter 38 of title 10, United States
Code, and other provisions of that title.
`(m) ADDITIONAL AUTHORITY WITH RESPECT TO PERSONNEL- (1) In
addition to the authorities under subsection (f)(3), the Director of
National Intelligence may exercise with respect to the personnel of the
Office of the Director of National Intelligence any authority of the
Director of the Central Intelligence Agency with respect to the
personnel of the Central Intelligence Agency under the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment of this
subsection to the same extent, and subject to the same conditions and
limitations, that the Director of the Central Intelligence Agency may
exercise such authority with respect to personnel of the Central
Intelligence Agency.
`(2) Employees and applicants for employment of the Office
of the Director of National Intelligence shall have the same rights and
protections under the Office of the Director of National Intelligence
as employees of the Central Intelligence Agency have under the Central
Intelligence Agency Act of 1949, and other applicable provisions of
law, as of the date of the enactment of this subsection.
`(n) ACQUISITION AUTHORITIES- (1) In carrying out the
responsibilities and authorities under this section, the Director of
National Intelligence may exercise the acquisition and appropriations
authorities referred to in the Central Intelligence Agency Act of 1949
(50 U.S.C. 403a et seq.) other than the authorities referred to in
section 8(b) of that Act (50 U.S.C. 403j(b)).
`(2) For the purpose of the exercise of any authority
referred to in paragraph (1), a reference to the head of an agency
shall be deemed to be a reference to the Director of National
Intelligence or the Principal Deputy Director of National Intelligence.
`(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency may be
made with respect to individual purchases and contracts or with respect
to classes of purchases or contracts, and shall be final.
`(B) Except as provided in subparagraph (C), the Director
of National Intelligence or the Principal Deputy Director of National
Intelligence may, in such official's discretion, delegate to any
officer or other official of the Office of the Director of National
Intelligence any authority to make a determination or decision as the
head of the agency under an authority referred to in paragraph (1).
`(C) The limitations and conditions set forth in section
3(d) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403c(d))
shall apply to the exercise by the Director of National Intelligence of
an authority referred to in paragraph (1).
`(D) Each determination or decision required by an
authority referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon written
findings made by the official making such determination or decision,
which findings shall be final and shall be available within the Office
of the Director of National Intelligence for a period of at least six
years following the date of such determination or decision.
`(o) CONSIDERATION OF VIEWS OF ELEMENTS OF INTELLIGENCE
COMMUNITY- In carrying out the duties and responsibilities under this
section, the Director of National Intelligence shall take into account
the views of a head of a department containing an element of the
intelligence community and of the Director of the Central Intelligence
Agency.
`(p) RESPONSIBILITY OF DIRECTOR OF NATIONAL INTELLIGENCE
REGARDING NATIONAL INTELLIGENCE PROGRAM BUDGET CONCERNING THE
DEPARTMENT OF DEFENSE- Subject to the direction of the President, the
Director of National Intelligence shall, after consultation with the
Secretary of Defense, ensure that the National Intelligence Program
budgets for the elements of the intelligence community that are within
the Department of Defense are adequate to satisfy the national
intelligence needs of the Department of Defense, including the needs of
the Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands, and wherever such elements are
performing Government-wide functions, the needs of other Federal
departments and agencies.
`(q) ACQUISITIONS OF MAJOR SYSTEMS- (1) For each
intelligence program within the National Intelligence Program for the
acquisition of a major system, the Director of National Intelligence
shall--
`(A) require the development and implementation of a
program management plan that includes cost, schedule, and performance
goals and program milestone criteria, except that with respect to
Department of Defense programs the Director shall consult with the
Secretary of Defense;
`(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) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a milestone
decision under paragraph (1)(B), the President shall resolve the
conflict.
`(3) Nothing in this subsection may be construed to limit
the authority of the Director of National Intelligence to delegate to
any other official any authority to perform the responsibilities of the
Director under this subsection.
`(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)).
`(r) PERFORMANCE OF COMMON SERVICES- The Director of
National Intelligence 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, 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 Director of National Intelligence
determines can be more efficiently accomplished in a consolidated
manner.
`OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
`SEC. 103. (a) OFFICE OF DIRECTOR OF NATIONAL INTELLIGENCE- There is an Office of the Director of National Intelligence.
`(b) FUNCTION- The function of the Office of the Director
of National Intelligence is to assist the Director of National
Intelligence 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 Director of National Intelligence is composed of the following:
`(1) The Director of National Intelligence.
`(2) The Principal Deputy Director of National Intelligence.
`(3) Any Deputy Director of National Intelligence appointed under section 103A.
`(4) The National Intelligence Council.
`(5) The General Counsel.
`(6) The Civil Liberties Protection Officer.
`(7) The Director of Science and Technology.
`(8) The National Counterintelligence Executive (including the Office of the National Counterintelligence Executive).
`(9) Such other offices and officials as may be
established by law or the Director may establish or designate in the
Office, including national intelligence centers.
`(d) STAFF- (1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of the
Director, the Director shall employ and utilize in the Office of the
Director of National Intelligence 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 Director of National
Intelligence 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 Director of National
Intelligence under section 1091 of the National Security Intelligence
Reform Act of 2004.
`(e) LIMITATION ON CO-LOCATION WITH OTHER ELEMENTS OF
INTELLIGENCE COMMUNITY- Commencing as of October 1, 2008, the Office of
the Director of National Intelligence may not be co-located with any
other element of the intelligence community.
`DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE
`SEC. 103A. (a) PRINCIPAL DEPUTY DIRECTOR OF NATIONAL
INTELLIGENCE- (1) There is a Principal Deputy Director of National
Intelligence who shall be appointed by the President, by and with the
advice and consent of the Senate.
`(2) In the event of a vacancy in the position of Principal
Deputy Director of National Intelligence, the Director of National
Intelligence shall recommend to the President an individual for
appointment as Principal Deputy Director of National Intelligence.
`(3) Any individual nominated for appointment as Principal
Deputy Director of National Intelligence shall have extensive national
security experience and management expertise.
`(4) The individual serving as Principal Deputy Director of
National Intelligence shall not, while so serving, serve in any
capacity in any other element of the intelligence community.
`(5) The Principal Deputy Director of National Intelligence
shall assist the Director of National Intelligence in carrying out the
duties and responsibilities of the Director.
`(6) The Principal Deputy Director of National Intelligence
shall act for, and exercise the powers of, the Director of National
Intelligence during the absence or disability of the Director of
National Intelligence or during a vacancy in the position of Director
of National Intelligence.
`(b) DEPUTY DIRECTORS OF NATIONAL INTELLIGENCE- (1) There
may be not more than four Deputy Directors of National Intelligence who
shall be appointed by the Director of National Intelligence.
`(2) Each Deputy Director of National Intelligence
appointed under this subsection shall have such duties,
responsibilities, and authorities as the Director of National
Intelligence may assign or are specified by law.
`(c) MILITARY STATUS OF DIRECTOR OF NATIONAL INTELLIGENCE
AND PRINCIPAL DEPUTY DIRECTOR OF NATIONAL INTELLIGENCE- (1) Not more
than one of the individuals serving in the positions specified in
paragraph (2) may be a commissioned officer of the Armed Forces in
active status.
`(2) The positions referred to in this paragraph are the following:
`(A) The Director of National Intelligence.
`(B) The Principal Deputy Director of National Intelligence.
`(3) It is the sense of Congress that, under ordinary
circumstances, it is desirable that one of the individuals serving in
the positions specified in paragraph (2)--
`(A) be a commissioned officer of the Armed Forces, in active status; or
`(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
`(4) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (2)--
`(A) shall not be subject to supervision or control by
the Secretary of Defense or by any officer or employee of the
Department of Defense;
`(B) shall not exercise, by reason of the officer's
status as a commissioned officer, any supervision or control with
respect to any of the military or civilian personnel of the Department
of Defense except as otherwise authorized by law; and
`(C) shall not be counted against the numbers and
percentages of commissioned officers of the rank and grade of such
officer authorized for the military department of that officer.
`(5) Except as provided in subparagraph (A) or (B) of
paragraph (4), the appointment of an officer of the Armed Forces to a
position specified in paragraph (2) shall not affect the status,
position, rank, or grade of such officer in the Armed Forces, or any
emolument, perquisite, right, privilege, or benefit incident to or
arising out of such status, position, rank, or grade.
`(6) A commissioned officer of the Armed Forces on active
duty who is appointed to a position specified in paragraph (2), while
serving in such position and while remaining on active duty, shall
continue to receive military pay and allowances and shall not receive
the pay prescribed for such position. Funds from which such pay and
allowances are paid shall be reimbursed from funds available to the
Director of National Intelligence.
`NATIONAL INTELLIGENCE COUNCIL
`SEC. 103B. (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 Director
of National Intelligence.
`(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 Director of National
Intelligence in carrying out the responsibilities of the Director under
section 102A.
`(2) The Director of National Intelligence shall ensure
that the Council satisfies the needs of policymakers and other
consumers of intelligence.
`(d) SERVICE AS SENIOR INTELLIGENCE ADVISERS- Within their
respective areas of expertise and under the direction of the Director
of National Intelligence, 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 Director of National Intelligence, 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 Director of National Intelligence 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 Director of
National Intelligence 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 Director of National Intelligence.
`(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.
`GENERAL COUNSEL
`SEC. 103C. (a) GENERAL COUNSEL- There is a General Counsel
of the Office of the Director of National Intelligence who shall be
appointed 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 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 is the chief legal officer of the Office of the Director of National Intelligence.
`(d) FUNCTIONS- The General Counsel shall perform such functions as the Director of National Intelligence may prescribe.
`CIVIL LIBERTIES PROTECTION OFFICER
`SEC. 103D. (a) CIVIL LIBERTIES PROTECTION OFFICER- (1)
Within the Office of the Director of National Intelligence, there is a
Civil Liberties Protection Officer who shall be appointed by the
Director of National Intelligence.
`(2) The Civil Liberties Protection Officer shall report directly to the Director of National Intelligence.
`(b) Duties- The Civil Liberties Protection Officer shall--
`(1) ensure that the protection of civil liberties and
privacy is appropriately incorporated in the policies and procedures
developed for and implemented by the Office of the Director of National
Intelligence and the elements of the intelligence community within the
National Intelligence Program;
`(2) oversee compliance by the Office and the Director
of National Intelligence with requirements under the Constitution and
all laws, regulations, Executive orders, and implementing guidelines
relating to civil liberties and privacy;
`(3) review and assess complaints and other information
indicating possible abuses of civil liberties and privacy in the
administration of the programs and operations of the Office and the
Director of National Intelligence and, as appropriate, investigate any
such complaint or information;
`(4) ensure that the use of technologies sustain, and
do not erode, privacy protections relating to the use, collection, and
disclosure of personal information;
`(5) ensure that personal information contained in a
system of records subject to section 552a of title 5, United States
Code (popularly referred to as the `Privacy Act'), is handled in full
compliance with fair information practices as set out in that section;
`(6) conduct privacy impact assessments when appropriate or as required by law; and
`(7) perform such other duties as may be prescribed by the Director of National Intelligence or specified by law.
`(c) USE OF AGENCY INSPECTORS GENERAL- When appropriate,
the Civil Liberties Protection Officer may refer complaints to the
Office of Inspector General having responsibility for the affected
element of the department or agency of the intelligence community to
conduct an investigation under paragraph (3) of subsection (b).
`DIRECTOR OF SCIENCE AND TECHNOLOGY
`SEC. 103E. (a) DIRECTOR OF SCIENCE AND TECHNOLOGY- There
is a Director of Science and Technology within the Office of the
Director of National Intelligence who shall be appointed by the
Director of National Intelligence.
`(b) REQUIREMENT RELATING TO APPOINTMENT- An individual
appointed as Director of Science and Technology shall have a
professional background and experience appropriate for the duties of
the Director of Science and Technology.
`(c) DUTIES- The Director of Science and Technology shall--
`(1) act as the chief representative of the Director of National Intelligence for science and technology;
`(2) chair the Director of National Intelligence Science and Technology Committee under subsection (d);
`(3) assist the Director in formulating a long-term strategy for scientific advances in the field of intelligence;
`(4) assist the Director on the science and technology
elements of the budget of the Office of the Director of National
Intelligence; and
`(5) perform other such duties as may be prescribed by the Director of National Intelligence or specified by law.
`(d) DIRECTOR OF NATIONAL INTELLIGENCE SCIENCE AND
TECHNOLOGY COMMITTEE- (1) There is within the Office of the Director of
Science and Technology a Director of National Intelligence Science and
Technology Committee.
`(2) The Committee shall be 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 Director of Science and Technology shall prescribe.
`NATIONAL COUNTERINTELLIGENCE EXECUTIVE
`SEC. 103F. (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.) is a component of the Office of the
Director of National Intelligence.
`(b) Duties- The National Counterintelligence Executive
shall perform the duties provided in the Counterintelligence
Enhancement Act of 2002 and such other duties as may be prescribed by
the Director of National Intelligence or specified by law.
`CENTRAL INTELLIGENCE AGENCY
`SEC. 104. (a) CENTRAL INTELLIGENCE AGENCY- There is a Central Intelligence Agency.
`(b) FUNCTION- The function of the Central Intelligence
Agency is to assist the Director of the Central Intelligence Agency in
carrying out the responsibilities specified in section 104A(c).
`DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY
`SEC. 104A. (a) DIRECTOR OF CENTRAL INTELLIGENCE AGENCY-
There is a Director of the Central Intelligence Agency who shall be
appointed by the President, by and with the advice and consent of the
Senate.
`(b) SUPERVISION- The Director of the Central Intelligence
Agency shall report to the Director of National Intelligence regarding
the activities 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
Director of National Intelligence 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 deems 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 Director of National Intelligence 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 or involving intelligence
acquired through clandestine means.'.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the human intelligence officers of the intelligence
community have performed admirably and honorably in the face of great
personal dangers;
(2) during an extended period of unprecedented
investment and improvements in technical collection means, the human
intelligence capabilities of the United States have not received the
necessary and commensurate priorities;
(3) human intelligence is becoming an increasingly
important capability to provide information on the asymmetric threats
to the national security of the United States;
(4) the continued development and improvement of a
robust and empowered and flexible human intelligence work force is
critical to identifying, understanding, and countering the plans and
intentions of the adversaries of the United States; and
(5) an increased emphasis on, and resources applied to,
enhancing the depth and breadth of human intelligence capabilities of
the United States intelligence community must be among the top
priorities of the Director of National Intelligence.
(c) 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 Director
of National Intelligence--
(1) enhance the analytic, human intelligence, and other capabilities of the Central Intelligence Agency;
(2) develop and maintain an effective language program within the Agency;
(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.
(d) REPORT- (1) Not later than 180 days after the date of
the enactment of this Act, the Director of the Central Intelligence
Agency shall submit to the Director of National Intelligence 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 that strategy.
(B) A strategy for improving the human intelligence and
other capabilities of the Agency, and the progress of the Agency in
implementing that strategy.
(2)(A) The information in the report under paragraph (1) on the strategy referred to in paragraph (1)(B) shall--
(i) identify the number and types of personnel required to implement that strategy;
(ii) include a plan for the recruitment, training, equipping, and deployment of such personnel; and
(iii) set forth an estimate of the costs of such activities.
(B) If as of the date of the report under paragraph (1), a
proper balance does not exist between unilateral operations and liaison
operations, such report shall set forth the steps to be taken to
achieve such balance.
SEC. 1012. REVISED DEFINITION OF NATIONAL INTELLIGENCE.
Paragraph (5) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(5) The terms `national intelligence' and
`intelligence related to national security' refer to all intelligence,
regardless of the source from which derived and including information
gathered within or outside the United States, that--
`(A) pertains, as determined consistent with any
guidance issued by the President, to more than one United States
Government agency; and
`(i) threats to the United States, its people, property, or interests;
`(ii) the development, proliferation, or use of weapons of mass destruction; or
`(iii) any other matter bearing on United States national or homeland security.'.
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
(a) Development of Procedures- The Director of National
Intelligence, in consultation with the Secretary of Defense and the
Director of the Central Intelligence Agency, shall develop joint
procedures to be used by the Department of Defense and the Central
Intelligence Agency to improve the coordination and deconfliction of
operations that involve elements of both the Armed Forces and the
Central Intelligence Agency consistent with national security and the
protection of human intelligence sources and methods. Those procedures
shall, at a minimum, provide the following:
(1) Methods by which the Director of the Central
Intelligence Agency and the Secretary of Defense can improve
communication and coordination in the planning, execution, and
sustainment of operations, including, as a minimum--
(A) information exchange between senior officials
of the Central Intelligence Agency and senior officers and officials of
the Department of Defense when planning for such an operation commences
by either organization; and
(B) exchange of information between the Secretary
and the Director of the Central Intelligence Agency to ensure that
senior operational officials in both the Department of Defense and the
Central Intelligence Agency have knowledge of the existence of the
ongoing operations of the other.
(2) When appropriate, in cases where the Department of
Defense and the Central Intelligence Agency are conducting separate
missions in the same geographical area, a mutual agreement on the
tactical and strategic objectives for the region and a clear
delineation of operational responsibilities to prevent conflict and
duplication of effort.
(b) Implementation Report- Not later than 180 days after
the date of the enactment of the Act, the Director of National
Intelligence shall submit to the congressional defense committees (as
defined in section 101 of title 10, United States Code) and the
congressional intelligence committees (as defined in section 3(7) of
the National Security Act of 1947 (50 U.S.C. 401a(7))) a report
describing the procedures established pursuant to subsection (a) and
the status of the implementation of those procedures.
SEC. 1014. ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE IN APPOINTMENT
OF CERTAIN OFFICIALS RESPONSIBLE FOR INTELLIGENCE-RELATED ACTIVITIES.
Section 106 of the National Security Act of 1947 (50
U.S.C. 403-6) is amended by striking all after the heading and
inserting the following:
`(a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS- (1) In
the event of a vacancy in a position referred to in paragraph (2), the
Director of National Intelligence shall recommend to the President an
individual for nomination to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Principal Deputy Director of National Intelligence.
`(B) The Director of the Central Intelligence Agency.
`(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN THE
INTELLIGENCE COMMUNITY- (1) In the event of a vacancy in a position
referred to in paragraph (2), the head of the department or agency
having jurisdiction over the position shall obtain the concurrence of
the Director of National Intelligence before appointing an individual
to fill the vacancy or recommending to the President an individual to
be nominated to fill the vacancy. If the Director does not concur in
the recommendation, the head of the department or agency concerned may
not fill the vacancy or make the recommendation to the President (as
the case may be). In the case in which the Director does not concur in
such a recommendation, the Director and the head of the department or
agency concerned may advise the President directly of the intention to
withhold concurrence or to make a recommendation, as the case may be.
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the National Security Agency.
`(B) The Director of the National Reconnaissance Office.
`(C) The Director of the National Geospatial-Intelligence Agency.
`(D) The Assistant Secretary of State for Intelligence and Research.
`(E) The Director of the Office of Intelligence of the Department of Energy.
`(F) The Director of the Office of Counterintelligence of the Department of Energy.
`(G) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury.
`(H) The Executive Assistant Director for Intelligence
of the Federal Bureau of Investigation or any successor to that
position.
`(I) The Assistant Secretary of Homeland Security for Information Analysis.
`(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS- (1) In the
event of a vacancy in a position referred to in paragraph (2), the head
of the department or agency having jurisdiction over the position shall
consult with the Director of National Intelligence before appointing an
individual to fill the vacancy or recommending to the President an
individual to be nominated to fill the vacancy.
`(2) Paragraph (1) applies to the following positions:
`(A) The Director of the Defense Intelligence Agency.
`(B) The Assistant Commandant of the Coast Guard for Intelligence.'.
SEC. 1015. EXECUTIVE SCHEDULE MATTERS.
(a) EXECUTIVE SCHEDULE LEVEL I- Section 5312 of title 5,
United States Code, is amended by adding at the end the following new
item:
`Director of National Intelligence.'.
(b) EXECUTIVE SCHEDULE LEVEL II- Section 5313 of title 5,
United States Code, is amended by adding at the end the following new
items:
`Principal Deputy Director of National Intelligence.
`Director of the National Counterterrorism Center.
`Director of the National Counter Proliferation Center.'.
(c) EXECUTIVE SCHEDULE LEVEL IV- Section 5315 of title 5, United States Code, is amended--
(1) by striking the item relating to the Assistant Directors of Central Intelligence; and
(2) by adding at the end the following new item:
`General Counsel of the Office of the National Intelligence Director.'.
SEC. 1016. INFORMATION SHARING.
(a) DEFINITIONS- In this section:
(1) INFORMATION SHARING COUNCIL- The term `Information
Sharing Council' means the Information Systems Council established by
Executive Order 13356, or any successor body designated by the
President, and referred to under subsection (g).
(2) INFORMATION SHARING ENVIRONMENT; ISE- The terms
`information sharing environment' and `ISE' mean an approach that
facilitates the sharing of terrorism information, which approach may
include any methods determined necessary and appropriate for carrying
out this section.
(3) PROGRAM MANAGER- The term `program manager' means the program manager designated under subsection (f).
(4) TERRORISM INFORMATION- The term `terrorism
information' means all information, whether collected, produced, or
distributed by intelligence, law enforcement, military, homeland
security, or other activities relating to--
(A) the existence, organization, capabilities,
plans, intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist groups or
individuals, or of domestic groups or individuals involved in
transnational terrorism;
(B) threats posed by such groups or individuals to
the United States, United States persons, or United States interests,
or to those of other nations;
(C) communications of or by such groups or individuals; or
(D) groups or individuals reasonably believed to be assisting or associated with such groups or individuals.
(b) INFORMATION SHARING ENVIRONMENT-
(1) ESTABLISHMENT- The President shall--
(A) create an information sharing environment for
the sharing of terrorism information in a manner consistent with
national security and with applicable legal standards relating to
privacy and civil liberties;
(B) designate the organizational and management structures that will be used to operate and manage the ISE; and
(C) determine and enforce the policies, directives, and rules that will govern the content and usage of the ISE.
(2) ATTRIBUTES- The President shall, through the
structures described in subparagraphs (B) and (C) of paragraph (1),
ensure that the ISE provides and facilitates the means for sharing
terrorism information among all appropriate Federal, State, local, and
tribal entities, and the private sector through the use of policy
guidelines and technologies. The President shall, to the greatest
extent practicable, ensure that the ISE provides the functional
equivalent of, or otherwise supports, a decentralized, distributed, and
coordinated environment that--
(A) connects existing systems, where appropriate,
provides no single points of failure, and allows users to share
information among agencies, between levels of government, and, as
appropriate, with the private sector;
(B) ensures direct and continuous online electronic access to information;
(C) facilitates the availability of information in
a form and manner that facilitates its use in analysis, investigations
and operations;
(D) builds upon existing systems capabilities currently in use across the Government;
(E) employs an information access management
approach that controls access to data rather than just systems and
networks, without sacrificing security;
(F) facilitates the sharing of information at and across all levels of security;
(G) provides directory services, or the functional equivalent, for locating people and information;
(H) incorporates protections for individuals' privacy and civil liberties; and
(I) incorporates strong mechanisms to enhance
accountability and facilitate oversight, including audits,
authentication, and access controls.
(c) PRELIMINARY REPORT- Not later than 180 days after the
date of the enactment of this Act, the program manager shall, in
consultation with the Information Sharing Council--
(1) submit to the President and Congress a description
of the technological, legal, and policy issues presented by the
creation of the ISE, and the way in which these issues will be
addressed;
(2) establish an initial capability to provide
electronic directory services, or the functional equivalent, to assist
in locating in the Federal Government intelligence and terrorism
information and people with relevant knowledge about intelligence and
terrorism information; and
(3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information.
(d) 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) leverage all ongoing efforts consistent with
establishing the ISE and issue guidelines for acquiring, accessing,
sharing, and using information, including guidelines to ensure that
information is provided in its most shareable form, such as by using
tearlines to separate out data from the sources and methods by which
the data are obtained;
(2) in consultation with the Privacy and Civil
Liberties Oversight Board established under section 1061, issue
guidelines that--
(A) protect privacy and civil liberties in the development and use of the ISE; and
(B) shall be made public, unless nondisclosure is clearly necessary to protect national security; and
(3) require the heads of Federal departments and agencies to promote a culture of information sharing by--
(A) reducing disincentives to information sharing,
including over-classification of information and unnecessary
requirements for originator approval, consistent with applicable laws
and regulations; and
(B) providing affirmative incentives for information sharing.
(e) IMPLEMENTATION PLAN REPORT- Not later than one year
after the date of the enactment of this Act, the President shall, with
the assistance of the program manager, submit to Congress a report
containing an implementation plan for the ISE. The report shall include
the following:
(1) A description of the functions, capabilities, resources, and conceptual design of the ISE, including standards.
(2) A description of the impact on enterprise architectures of participating agencies.
(3) A budget estimate that identifies the incremental
costs associated with designing, testing, integrating, deploying, and
operating the ISE.
(4) A project plan for designing, testing, integrating, deploying, and operating the ISE.
(5) The policies and directives referred to in
subsection (b)(1)(C), as well as the metrics and enforcement mechanisms
that will be utilized.
(6) Objective, systemwide performance measures to
enable the assessment of progress toward achieving the full
implementation of the ISE.
(7) A description of the training requirements needed
to ensure that the ISE will be adequately implemented and properly
utilized.
(8) A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE.
(9) The recommendations of the program manager, in
consultation with the Information Sharing Council, regarding whether,
and under what conditions, the ISE should be expanded to include other
intelligence information.
(10) A delineation of the roles of the Federal
departments and agencies that will participate in the ISE, including an
identification of the agencies that will deliver the infrastructure
needed to operate and manage the ISE (as distinct from individual
department or agency components that are part of the ISE), with such
delineation of roles to be consistent with--
(A) the authority of the Director of National
Intelligence under this title, and the amendments made by this title,
to set standards for information sharing throughout the intelligence
community; and
(B) the authority of the Secretary of Homeland
Security and the Attorney General, and the role of the Department of
Homeland Security and the Attorney General, in coordinating with State,
local, and tribal officials and the private sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for a future
management structure for the ISE, including whether the position of
program manager should continue to remain in existence.
(1) DESIGNATION- Not later than 120 days after the date
of the enactment of this Act, with notification to Congress, the
President shall designate an individual as the program manager
responsible for information sharing across the Federal Government. The
individual designated as the program manager shall serve as program
manager during the two-year period beginning on the date of designation
under this paragraph unless sooner removed from service and replaced by
the President (at the President's sole discretion). The program manager
shall have and exercise governmentwide authority.
(2) DUTIES AND RESPONSIBILITIES-
(A) IN GENERAL- The program manager shall, in consultation with the Information Sharing Council--
(i) plan for and oversee the implementation of, and manage, the ISE;
(ii) assist in the development of policies,
procedures, guidelines, rules, and standards as appropriate to foster
the development and proper operation of the ISE; and
(iii) assist, monitor, and assess the
implementation of the ISE 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 ISE;
(ii) address development, implementation, and oversight of technical standards and requirements;
(iii) take into account ongoing and planned efforts that support development, implementation and management of the ISE;
(iv) 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;
(v) address and facilitate information sharing
between Federal departments and agencies and State, tribal, and local
governments;
(vi) address and facilitate, as appropriate,
information sharing between Federal departments and agencies and the
private sector;
(vii) address and facilitate, as appropriate,
information sharing between Federal departments and agencies with
foreign partners and allies; and
(viii) ensure the protection of privacy and civil liberties.
(g) INFORMATION SHARING COUNCIL-
(1) ESTABLISHMENT- There is established an Information
Sharing Council that shall assist the President and the program manager
in their duties under this section. The Information Sharing Council
shall serve during the two-year period beginning on the date of the
initial designation of the program manager by the President under
subsection (f)(1), unless sooner removed from service and replaced by
the President (at the sole discretion of the President) with a
successor body.
(2) SPECIFIC DUTIES- In assisting the President and the
program manager in their duties under this section, the Information
Sharing Council shall--
(A) advise the President and the program manager in
developing policies, procedures, guidelines, roles, and standards
necessary to establish, implement, and maintain the ISE;
(B) work to ensure coordination among the Federal
departments and agencies participating in the ISE in the establishment,
implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend the
consolidation and elimination of current programs, systems, and
processes used by Federal departments and agencies to share
information, and recommend, as appropriate, the redirection of existing
resources to support the ISE;
(D) identify gaps, if any, between existing
technologies, programs and systems used by Federal departments and
agencies to share information and the parameters of the proposed
information sharing environment;
(E) recommend solutions to address any gaps identified under subparagraph (D);
(F) recommend means by which the ISE can be
extended to allow interchange of information between Federal
departments and agencies and appropriate authorities of State and local
governments; and
(G) recommend whether or not, and by which means,
the ISE should be expanded so as to allow future expansion encompassing
other relevant categories of information.
(3) CONSULTATION- In performing its duties, the
Information Sharing Council shall consider input from persons and
entities outside the Federal Government having significant experience
and expertise in policy, technical matters, and operational matters
relating to the ISE.
(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT-
The Information Sharing Council shall not be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
(h) PERFORMANCE MANAGEMENT REPORTS-
(1) IN GENERAL- Not later than two years after the date
of the enactment of this Act, and annually thereafter, the President
shall submit to Congress a report on the state of the ISE 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
ISE has been implemented, including how the ISE has fared on the
performance measures and whether the performance goals set in the
preceding year have been met;
(B) objective system-wide performance goals for the following year;
(C) an accounting of how much was spent on the ISE in the preceding year;
(D) actions taken to ensure that procurement of and
investments in systems and technology are consistent with the
implementation plan for the ISE;
(E) the extent to which all terrorism watch lists
are available for combined searching in real time through the ISE 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 State, tribal, and local officials are participating in the ISE;
(G) the extent to which private sector data,
including information from owners and operators of critical
infrastructure, is incorporated in the ISE, and the extent to which
individuals and entities outside the government are receiving
information through the ISE;
(H) the measures taken by the Federal government to
ensure the accuracy of information in the ISE, in particular the
accuracy of information about individuals;
(I) an assessment of the privacy and civil
liberties protections of the ISE, including actions taken in the
preceding year to implement or enforce privacy and civil liberties
protections; and
(J) an assessment of the security protections used in the ISE.
(i) AGENCY RESPONSIBILITIES- The head of each department or
agency that possesses or uses intelligence or terrorism information,
operates a system in the ISE, or otherwise participates (or expects to
participate) in the ISE shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines, rules, and
standards established under subsections (b) and (f);
(2) ensure the provision of adequate resources for
systems and activities supporting operation of and participation in the
ISE;
(3) ensure full department or agency cooperation in the
development of the ISE to implement governmentwide information sharing;
and
(4) submit, at the request of the President or the
program manager, any reports on the implementation of the requirements
of the ISE within such department or agency.
(j) AUTHORIZATION OF APPROPRIATIONS- There is authorized to
be appropriated to carry out this section $20,000,000 for each of
fiscal years 2005 and 2006.
SEC. 1017. ALTERNATIVE ANALYSIS OF INTELLIGENCE BY THE INTELLIGENCE COMMUNITY.
(a) IN GENERAL- Not later than 180 days after the
effective date of this Act, the Director of National Intelligence shall
establish a process and assign an individual or entity the
responsibility for ensuring that, as appropriate, elements of the
intelligence community conduct alternative analysis (commonly referred
to as `red-team analysis') of the information and conclusions in
intelligence products.
(b) REPORT- Not later than 270 days after the effective
date of this Act, the Director of National Intelligence shall provide a
report to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee of the House of Representatives on the
implementation of subsection (a).
SEC. 1018. PRESIDENTIAL GUIDELINES ON IMPLEMENTATION AND PRESERVATION OF AUTHORITIES.
The President shall issue guidelines to ensure the
effective implementation and execution within the executive branch of
the authorities granted to the Director of National Intelligence by
this title and the amendments made by this title, in a manner that
respects and does not abrogate the statutory responsibilities of the
heads of the departments of the United States Government concerning
such departments, including, but not limited to:
(1) the authority of the Director of the Office of Management and Budget; and
(2) the authority of the principal officers of the
executive departments as heads of their respective departments,
including, but not limited to, under--
(A) section 199 of the Revised Statutes (22 U.S.C. 2651);
(B) title II of the Department of Energy Organization Act (42 U.S.C. 7131 et seq.);
(C) the State Department Basic Authorities Act of 1956;
(D) section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)); and
(E) sections 301 of title 5, 113(b) and 162(b) of title 10, 503 of title 28, and 301(b) of title 31, United States Code.
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC INTEGRITY.
(a) ASSIGNMENT OF RESPONSIBILITIES- For purposes of
carrying out section 102A(h) of the National Security Act of 1947 (as
added by section 1011(a)), the Director of National Intelligence shall,
not later than 180 days after the date of the enactment of this Act,
assign an individual or entity to be responsible for ensuring that
finished intelligence products produced by any element or elements of
the intelligence community are timely, objective, independent of
political considerations, based upon all sources of available
intelligence, and employ the standards of proper analytic tradecraft.
(b) RESPONSIBILITIES- (1) The individual or entity assigned responsibility under subsection (a)--
(A) may be responsible for general oversight and
management of analysis and production, but may not be directly
responsible for, or involved in, the specific production of any
finished intelligence product;
(B) shall perform, on a regular basis, detailed reviews
of finished intelligence product or other analytic products by an
element or elements of the intelligence community covering a particular
topic or subject matter;
(C) shall be responsible for identifying on an annual
basis functional or topical areas of analysis for specific review under
subparagraph (B); and
(D) upon completion of any review under subparagraph
(B), may draft lessons learned, identify best practices, or make
recommendations for improvement to the analytic tradecraft employed in
the production of the reviewed product or products.
(2) Each review under paragraph (1)(B) should--
(A) include whether the product or products concerned
were based on all sources of available intelligence, properly describe
the quality and reliability of underlying sources, properly caveat and
express uncertainties or confidence in analytic judgments, properly
distinguish between underlying intelligence and the assumptions and
judgments of analysts, and incorporate, where appropriate, alternative
analyses; and
(B) ensure that the analytic methodologies, tradecraft,
and practices used by the element or elements concerned in the
production of the product or products concerned meet the standards set
forth in subsection (a).
(3) Information drafted under paragraph (1)(D) should, as
appropriate, be included in analysis teaching modules and case studies
for use throughout the intelligence community.
(c) ANNUAL REPORTS- Not later than December 1 each year,
the Director of National Intelligence shall submit to the congressional
intelligence committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training departments
a report containing a description, and the associated findings, of each
review under subsection (b)(1)(B) during such year.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1020. SAFEGUARD OF OBJECTIVITY IN INTELLIGENCE ANALYSIS.
(a) IN GENERAL- Not later than 180 days after the
effective date of this Act, the Director of National Intelligence shall
identify an individual within the Office of the Director of National
Intelligence who shall be available to analysts within the Office of
the Director of National Intelligence to counsel, conduct arbitration,
offer recommendations, and, as appropriate, initiate inquiries into
real or perceived problems of analytic tradecraft or politicization,
biased reporting, or lack of objectivity in intelligence analysis.
(b) REPORT- Not later than 270 days after the effective
date of this Act, the Director of National Intelligence shall provide a
report to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives on the implementation of subsection (a).
Subtitle B--National Counterterrorism Center, National Counter Proliferation Center, and National Intelligence Centers
SEC. 1021. NATIONAL COUNTERTERRORISM CENTER.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by adding at the end the following new section:
`NATIONAL COUNTERTERRORISM CENTER
`SEC. 119. (a) ESTABLISHMENT OF CENTER- There is within the
Office of the Director of National Intelligence 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) The Director of the National Counterterrorism Center
may not simultaneously serve in any other capacity in the executive
branch.
`(c) REPORTING- (1) The Director of the National
Counterterrorism Center shall report to the Director of National
Intelligence with respect to matters described in paragraph (2) and the
President with respect to matters described in paragraph (3).
`(2) The matters described in this paragraph are as follows:
`(A) The budget and programs of the National Counterterrorism Center.
`(B) The activities of the Directorate of Intelligence of the National Counterterrorism Center under subsection (h).
`(C) The conduct of intelligence operations implemented by other elements of the intelligence community; and
`(3) The matters described in this paragraph are the
planning and progress of joint counterterrorism operations (other than
intelligence operations).'.
`(d) PRIMARY MISSIONS- The primary missions of the National Counterterrorism Center shall be as follows:
`(1) To serve as the primary organization in the United
States Government for analyzing and integrating all intelligence
possessed or acquired by the United States Government pertaining to
terrorism and counterterrorism, excepting intelligence pertaining
exclusively to domestic terrorists and domestic counterterrorism.
`(2) To conduct strategic operational planning for
counterterrorism activities, integrating all instruments of national
power, including diplomatic, financial, military, intelligence,
homeland security, and law enforcement activities within and among
agencies.
`(3) To assign roles and responsibilities as part of
its strategic operational planning duties to lead Departments or
agencies, as appropriate, for counterterrorism activities that are
consistent with applicable law and that support counterterrorism
strategic operational plans, but shall not direct the execution of any
resulting operations.
`(4) To ensure that agencies, as appropriate, have
access to and receive all-source intelligence support needed to execute
their counterterrorism plans or perform independent, alternative
analysis.
`(5) To ensure that such agencies have access to and receive intelligence needed to accomplish their assigned activities.
`(6) To serve as the central and shared knowledge bank
on known and suspected terrorists and international terror groups, as
well as their goals, strategies, capabilities, and networks of contacts
and support.
`(e) Domestic Counterterrorism Intelligence- (1) The Center
may, consistent with applicable law, the direction of the President,
and the guidelines referred to in section 102A(b), receive intelligence
pertaining exclusively to domestic counterterrorism from any Federal,
State, or local government or other source necessary to fulfill its
responsibilities and retain and disseminate such intelligence.
`(2) Any agency authorized to conduct counterterrorism
activities may request information from the Center to assist it in its
responsibilities, consistent with applicable law and the guidelines
referred to in section 102A(b).
`(f) DUTIES AND RESPONSIBILITIES OF DIRECTOR- (1) The Director of the National Counterterrorism Center shall--
`(A) serve as the principal adviser to the Director of
National Intelligence on intelligence operations relating to
counterterrorism;
`(B) provide strategic operational plans for the
civilian and military counterterrorism efforts of the United States
Government and for the effective integration of counterterrorism
intelligence and operations across agency boundaries, both inside and
outside the United States;
`(C) advise the Director of National Intelligence 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;
`(D) disseminate terrorism information, including
current terrorism threat analysis, to the President, the Vice
President, the Secretaries of State, Defense, and Homeland Security,
the Attorney General, the Director of the Central Intelligence Agency,
and other officials of the executive branch as appropriate, and to the
appropriate committees of Congress;
`(E) support the Department of Justice and the
Department of Homeland Security, and other appropriate agencies, in
fulfillment of their responsibilities to disseminate terrorism
information, consistent with applicable law, guidelines referred to in
section 102A(b), Executive orders and other Presidential guidance, to
State and local government officials, and other entities, and
coordinate dissemination of terrorism information to foreign
governments as approved by the Director of National Intelligence;
`(F) develop a strategy for combining terrorist travel
intelligence operations and law enforcement planning and operations
into a cohesive effort to intercept terrorists, find terrorist travel
facilitators, and constrain terrorist mobility;
`(G) have primary responsibility within the United States Government for conducting net assessments of terrorist threats;
`(H) consistent with priorities approved by the
President, assist the Director of National Intelligence in establishing
requirements for the intelligence community for the collection of
terrorism information; and
`(I) perform such other duties as the Director of National Intelligence may prescribe or are prescribed by law.
`(2) Nothing in paragraph (1)(G) shall limit the authority
of the departments and agencies of the United States to conduct net
assessments.
`(g) LIMITATION- The Director of the National
Counterterrorism Center may not direct the execution of
counterterrorism operations.
`(h) RESOLUTION OF DISPUTES- The Director of National
Intelligence shall resolve disagreements between the National
Counterterrorism Center and the head of a department, agency, or
element of the United States Government on designations, assignments,
plans, or responsibilities under this section. The head of such a
department, agency, or element may appeal the resolution of the
disagreement by the Director of National Intelligence to the President.
`(i) DIRECTORATE OF INTELLIGENCE- The Director of the
National Counterterrorism Center shall establish and maintain within
the National Counterterrorism Center a Directorate of Intelligence
which shall have primary responsibility within the United States
Government for analysis of terrorism and terrorist organizations
(except for purely domestic terrorism and domestic terrorist
organizations) from all sources of intelligence, whether collected
inside or outside the United States.
`(j) DIRECTORATE OF STRATEGIC OPERATIONAL PLANNING- (1) The
Director of the National Counterterrorism Center shall establish and
maintain within the National Counterterrorism Center a Directorate of
Strategic Operational Planning which shall provide strategic
operational plans for counterterrorism operations conducted by the
United States Government.
`(2) Strategic operational planning shall include the
mission, objectives to be achieved, tasks to be performed, interagency
coordination of operational activities, and the assignment of roles and
responsibilities.
`(3) The Director of the National Counterterrorism Center
shall monitor the implementation of strategic operational plans, and
shall obtain information from each element of the intelligence
community, and from each other department, agency, or element of the
United States Government relevant for monitoring the progress of such
entity in implementing such plans.'.
SEC. 1022. NATIONAL COUNTER PROLIFERATION CENTER.
Title I of the National Security Act of 1947, as amended by
section 1021 of this Act, is further amended by adding at the end the
following new section:
`NATIONAL COUNTER PROLIFERATION CENTER
`SEC. 119A. (a) ESTABLISHMENT- Not later than 18 months
after the date of the enactment of the National Security Intelligence
Reform Act of 2004, the President shall establish a National Counter
Proliferation Center, taking into account all appropriate government
tools to prevent and halt the proliferation of weapons of mass
destruction, their delivery systems, and related materials and
technologies.
`(b) MISSIONS AND OBJECTIVES- In establishing the National
Counter Proliferation Center, the President shall address the following
missions and objectives to prevent and halt the proliferation of
weapons of mass destruction, their delivery systems, and related
materials and technologies:
`(1) Establishing a primary organization within the
United States Government for analyzing and integrating all intelligence
possessed or acquired by the United States pertaining to proliferation.
`(2) Ensuring that appropriate agencies have full
access to and receive all-source intelligence support needed to execute
their counter proliferation plans or activities, and perform
independent, alternative analyses.
`(3) Establishing a central repository on known and
suspected proliferation activities, including the goals, strategies,
capabilities, networks, and any individuals, groups, or entities
engaged in proliferation.
`(4) Disseminating proliferation information, including
proliferation threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate committees
of Congress.
`(5) Conducting net assessments and warnings about the
proliferation of weapons of mass destruction, their delivery systems,
and related materials and technologies.
`(6) Coordinating counter proliferation plans and
activities of the various departments and agencies of the United States
Government to prevent and halt the proliferation of weapons of mass
destruction, their delivery systems, and related materials and
technologies.
`(7) Conducting strategic operational counter
proliferation planning for the United States Government to prevent and
halt the proliferation of weapons of mass destruction, their delivery
systems, and related materials and technologies.
`(c) NATIONAL SECURITY WAIVER- The President may waive the
requirements of this section, and any parts thereof, if the President
determines that such requirements do not materially improve the ability
of the United States Government to prevent and halt the proliferation
of weapons of mass destruction, their delivery systems, and related
materials and technologies. Such waiver shall be made in writing to
Congress and shall include a description of how the missions and
objectives in subsection (b) are being met.
`(d) REPORT TO CONGRESS- (1) Not later than nine months
after the implementation of this Act, the President shall submit to
Congress, in classified form if necessary, the findings and
recommendations of the President's Commission on Weapons of Mass
Destruction established by Executive Order in February 2004, together
with the views of the President regarding the establishment of a
National Counter Proliferation Center.
`(2) If the President decides not to exercise the waiver
authority granted by subsection (c), the President shall submit to
Congress from time to time updates and plans regarding the
establishment of a National Counter Proliferation Center.
`(e) SENSE OF CONGRESS- It is the sense of Congress that a
central feature of counter proliferation activities, consistent with
the President's Proliferation Security Initiative, should include the
physical interdiction, by air, sea, or land, of weapons of mass
destruction, their delivery systems, and related materials and
technologies, and enhanced law enforcement activities to identify and
disrupt proliferation networks, activities, organizations, and
persons.'.
SEC. 1023. NATIONAL INTELLIGENCE CENTERS.
Title I of the National Security Act of 1947, as amended by
section 1022 of this Act, is further amended by adding at the end the
following new section:
`NATIONAL INTELLIGENCE CENTERS
`SEC. 119B. (a) AUTHORITY TO ESTABLISH- The Director of
National Intelligence may establish one or more national intelligence
centers to address intelligence priorities, including, but not limited
to, regional issues.
`(b) RESOURCES OF DIRECTORS OF CENTERS- (1) The Director of
National Intelligence shall ensure that the head of each national
intelligence center under subsection (a) has appropriate authority,
direction, and control of such center, and of the personnel assigned to
such center, to carry out the assigned mission of such center.
`(2) The Director of National Intelligence shall ensure
that each national intelligence center has appropriate personnel to
accomplish effectively the mission of such center.
`(c) INFORMATION SHARING- The Director of National
Intelligence shall, to the extent appropriate and practicable, ensure
that each national intelligence center under subsection (a) and the
other elements of the intelligence community share information in order
to facilitate the mission of such center.
`(d) MISSION OF CENTERS- Pursuant to the direction of the
Director of National Intelligence, each national intelligence center
under subsection (a) may, in the area of intelligence responsibility
assigned to such center--
`(1) have primary responsibility for providing
all-source analysis of intelligence based upon intelligence gathered
both domestically and abroad;
`(2) have primary responsibility for identifying and
proposing to the Director of National Intelligence intelligence
collection and analysis and production requirements; and
`(3) perform such other duties as the Director of National Intelligence shall specify.
`(e) REVIEW AND MODIFICATION OF CENTERS- The Director of National Intelligence shall determine on a regular basis whether--
`(1) the area of intelligence responsibility assigned
to each national intelligence center under subsection (a) continues to
meet appropriate intelligence priorities; and
`(2) the staffing and management of such center remains appropriate for the accomplishment of the mission of such center.
`(f) TERMINATION- The Director of National Intelligence may terminate any national intelligence center under subsection (a).
`(g) SEPARATE BUDGET ACCOUNT- The Director of National
Intelligence shall, as appropriate, include in the National
Intelligence Program budget a separate line item for each national
intelligence center under subsection (a).'.
Subtitle C--Joint Intelligence Community Council
SEC. 1031. JOINT INTELLIGENCE COMMUNITY COUNCIL.
Title I of the National Security Act of 1947 (50 U.S.C. 402
et seq.) is amended by inserting after section 101 the 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 Director of National Intelligence, 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 Director of National Intelligence 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 Director of National Intelligence 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 Director of National Intelligence 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.'.
Subtitle D--Improvement of Education for the Intelligence Community
SEC. 1041. 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 Director of National Intelligence shall--
(A) identify the linguistic requirements for the Office of the Director of National Intelligence;
(B) identify specific requirements for the range of
linguistic skills necessary for the intelligence community, including
proficiency in scientific and technical vocabularies of critical
foreign languages; and
(C) develop a comprehensive plan for the Office 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 Office of the Director of National
Intelligence 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 Director of
National Intelligence shall require the head of each element and
component within the Office of the Director of National Intelligence
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
Office; and
(2) prepare such personnel for duty with other departments, agencies, and elements of the intelligence community.
SEC. 1042. CROSS-DISCIPLINARY EDUCATION AND TRAINING.
Title X of the National Security Act of 1947 (50 U.S.C. 441g) is amended by adding at the end the following new section:
`FRAMEWORK FOR CROSS-DISCIPLINARY EDUCATION AND TRAINING
`SEC. 1002. The Director of National Intelligence shall
establish an integrated framework that brings together the 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. 1043. INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM.
Title X of the National Security Act of 1947, as
amended by section 1042 of this Act, is further amended by adding at
the end the following new section:
`INTELLIGENCE COMMUNITY SCHOLARSHIP PROGRAM
`SEC. 1003. (a) ESTABLISHMENT-
`(1) IN GENERAL- The Director of National Intelligence,
in consultation with the head of each agency of the intelligence
community, 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 (g)(1), in positions needed by the agency and
for which the individuals are qualified, in exchange for receiving a
scholarship.
`(b) 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 (d);
`(2) be a United States citizen; and
`(3) at the time of the initial scholarship award, not
be an employee (as defined under section 2105 of title 5, United States
Code).
`(c) APPLICATION- An individual seeking a scholarship under
this section shall submit an application to the Director of National
Intelligence at such time, in such manner, and containing such
information, agreements, or assurances as the Director may require.
`(d) PROGRAMS AND FIELDS OF STUDY- The Director of National Intelligence shall--
`(1) make publicly available a list of academic
programs and fields of study for which scholarships under the Program
may be used; and
`(2) update the list as necessary.
`(1) IN GENERAL- The Director of National Intelligence
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 (c), a proposed
academic program leading to a degree in a program or field of study on
the list made available under subsection (d).
`(2) LIMITATION ON YEARS- An individual may not receive
a scholarship under this section for more than 4 academic years, unless
the Director of National Intelligence 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 Director of National Intelligence, 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 Director of National Intelligence by
regulation.
`(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION- The
Director of National Intelligence 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.
`(f) SPECIAL CONSIDERATION FOR CURRENT EMPLOYEES-
`(1) SET ASIDE OF SCHOLARSHIPS- Notwithstanding
paragraphs (1) and (3) of subsection (b), 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 (i)(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 Director of National Intelligence, 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 Director
of National Intelligence, 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 (i)(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 Director of National
Intelligence under subsection (i)(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.
`(i) 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 Director of National
Intelligence 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.
`(j) REGULATIONS- The Director of National Intelligence shall prescribe regulations necessary to carry out this section.
`(k) DEFINITIONS- In this section:
`(1) AGENCY- The term `agency' means each element of
the intelligence community as determined by the Director of National
Intelligence.
`(2) INSTITUTION OF HIGHER EDUCATION- The term
`institution of higher education' has the meaning given that term under
section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
`(3) PROGRAM- The term `Program' means the Intelligence Community Scholarship Program established under subsection (a).'.
Subtitle E--Additional Improvements of Intelligence Activities
SEC. 1051. SERVICE AND NATIONAL LABORATORIES AND THE INTELLIGENCE COMMUNITY.
The Director of National Intelligence, in cooperation
with the Secretary of Defense and the Secretary of Energy, should seek
to ensure that each service laboratory of the Department of Defense and
each national laboratory of the Department of Energy may, acting
through the relevant Secretary and in a manner consistent with the
missions and commitments of the laboratory--
(1) assist the Director of National Intelligence in all
aspects of technical intelligence, including research, applied
sciences, analysis, technology evaluation and assessment, and any other
aspect that the relevant Secretary considers appropriate; and
(2) make available to the intelligence community, on a community-wide basis--
(A) the analysis and production services of the
service and national laboratories, in a manner that maximizes the
capacity and services of such laboratories; and
(B) the facilities and human resources of the
service and national laboratories, in a manner that improves the
technological capabilities of the intelligence community.
SEC. 1052. OPEN-SOURCE INTELLIGENCE.
(a) Sense of Congress- It is the sense of Congress that--
(1) the Director of National Intelligence should
establish an intelligence center for the purpose of coordinating the
collection, analysis, production, and dissemination of open-source
intelligence to elements of the intelligence community;
(2) open-source intelligence is a valuable source that
must be integrated into the intelligence cycle to ensure that United
States policymakers are fully and completely informed; and
(3) the intelligence center should ensure that each
element of the intelligence community uses open-source intelligence
consistent with the mission of such element.
(b) REQUIREMENT FOR EFFICIENT USE BY INTELLIGENCE COMMUNITY
OF OPEN-SOURCE INTELLIGENCE- The Director of National Intelligence
shall ensure that the intelligence community makes efficient and
effective use of open-source information and analysis.
(c) Report- Not later than June 30, 2005, the Director of
National Intelligence shall submit to the congressional intelligence
committees a report containing the decision of the Director as to
whether an open-source intelligence center will be established. If the
Director decides not to establish an open-source intelligence center,
such report shall also contain a description of how the intelligence
community will use open-source intelligence and effectively integrate
open-source intelligence into the national intelligence cycle.
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1053. NATIONAL INTELLIGENCE RESERVE CORPS.
(a) ESTABLISHMENT- The Director of National Intelligence
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) TERMS OF PARTICIPATION- The Director of National
Intelligence shall prescribe the terms and conditions under which
eligible individuals may participate in the National Intelligence
Reserve Corps.
(d) EXPENSES- The Director of National Intelligence 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.
(e) 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.
(f) TREATMENT UNDER OFFICE OF DIRECTOR OF NATIONAL
INTELLIGENCE 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
Office of the Director of National Intelligence.
Subtitle F--Privacy and Civil Liberties
SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
(a) 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 Federal
Government may need additional powers and may need to enhance the use
of its existing powers.
(2) This potential shift of power and authority to the
Federal Government calls for an enhanced system of checks and balances
to protect the precious liberties that are vital to our way of life.
(b) ESTABLISHMENT OF BOARD- There is established within the
Executive Office of the President a Privacy and Civil Liberties
Oversight Board (referred to in this section as the `Board').
(1) ADVICE AND COUNSEL ON DEVELOPMENT AND
IMPLEMENTATION OF POLICY- For the purpose of providing advice to the
President or to the head of any department or agency of the executive
branch, the Board shall--
(A) review proposed regulations and executive
branch policies related to efforts to protect the Nation from
terrorism, including the development and adoption of information
sharing guidelines under subsections (d) and (f) of section 1016;
(B) review the implementation of laws, regulations,
and executive branch policies related to efforts to protect the Nation
from terrorism, including the implementation of information sharing
guidelines under subsections (d) and (f) of section 1016;
(C) advise the President and the head of any
department or agency of the executive branch to ensure that privacy and
civil liberties are appropriately considered in the development and
implementation of such regulations and executive branch policies; 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 concerned has
explained--
(i) that there is adequate supervision of the
use by the executive branch of the power to ensure protection of
privacy and civil liberties;
(ii) that there are adequate guidelines and oversight to properly confine the use of the power; and
(iii) that the need for the power, including
the risk presented to the national security if the Federal Government
does not take certain actions, is balanced with the need to protect
privacy and civil liberties.
(2) OVERSIGHT- The Board shall continually review--
(A) regulations, executive branch policies, and
procedures (including the implementation of such regulations, policies,
and procedures), related laws pertaining to efforts to protect the
Nation from terrorism, and other actions by the executive branch
related to efforts to protect the Nation from terrorism to ensure that
privacy and civil liberties are protected; and
(B) the information sharing practices of the
departments, agencies, and elements of the executive branch to
determine whether or not such practices appropriately protect privacy
and civil liberties and adhere to the information sharing guidelines
under subsections (d) and (f) of section 1016 and to other applicable
laws, regulations, and executive branch policies regarding the
protection of privacy and civil liberties.
(3) SCOPE- The Board shall ensure that concerns with
respect to privacy and civil liberties are appropriately considered in
the implementation of laws, regulations, and executive branch policies
related to efforts to protect the Nation against terrorism.
(4) REPORTS TO CONGRESS- Not less frequently than
annually, the Board shall prepare a report to Congress, unclassified to
the greatest extent possible (with a classified annex, if necessary),
on the Board's major activities during the preceding period.
(d) 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 the extent permitted by law, to--
(A) have access from any department or agency of
the executive branch, or any Federal officer or employee of any such
department or agency, to all relevant records, reports, audits,
reviews, documents, papers, recommendations, or other relevant
material, including classified information consistent with applicable
law;
(B) interview or take statements from officers of any department or agency of the executive branch;
(C) request information or assistance from any State, tribal, or local government; and
(D)(i) request that persons (other than
departments, agencies, and elements of the executive branch) produce
for the Board relevant information, documents, reports, answers,
records, accounts, papers, and other documentary and testimonial
evidence; and
(ii) if the person to whom such a request is
directed does not comply with the request within 45 days of receipt of
such request, notify the Attorney General of such person's failure to
comply with such request, which notice shall include all relevant
information.
(2) PRODUCTION OF INFORMATION AND EVIDENCE-
(A) EXPLANATION OF NONCOMPLIANCE- Upon receiving
notification under paragraph (1)(D)(ii) regarding a request, the
Attorney General shall provide an opportunity for the person subject to
the request to explain the reasons for not complying with the request.
(B) ACTION BY ATTORNEY GENERAL- Upon receiving
notification under paragraph (1)(D)(ii) regarding a request, the
Attorney General shall review the request and may take such steps as
appropriate to ensure compliance with the request for the information,
documents, reports, answers, records, accounts, papers, and other
documentary and testimonial evidence covered by the request.
(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 or
agency concerned without delay. If the requested information or
assistance may be provided to the Board in accordance with applicable
law, the head of the department or agency concerned shall ensure
compliance with such request.
(4) EXCEPTIONS FOR NATIONAL SECURITY-
(A) IN GENERAL- If the National Intelligence
Director, in consultation with the Attorney General, determines that it
is necessary to withhold information requested under paragraph (3) to
protect the national security interests of the United States, the head
of the department or agency concerned shall not furnish such
information to the Board.
(B) CERTAIN INFORMATION- If the Attorney General
determines that it is necessary to withhold information requested under
paragraph (3) from disclosure to protect sensitive law enforcement or
counterterrorism information or ongoing operations, the head of the
department or agency concerned shall not furnish such information to
the Board.
(A) IN GENERAL- The Board shall be composed of a
chairman, a vice chairman, and three additional members appointed by
the President.
(B) CHAIRMAN AND VICE CHAIRMAN- The chairman and
vice chairman shall each be appointed by the President, by and with the
advice and consent of the Senate.
(C) APPOINTMENT REQUIREMENTS- Any individual
appointed to the Board shall be appointed from among trustworthy and
distinguished citizens outside the Federal Government who are qualified
on the basis of achievement, experience, and independence.
(D) FULL-TIME SERVICE OF CHAIRMAN- The chairman may serve on a full-time basis.
(E) SERVICE AT PLEASURE OF PRESIDENT- The chairman,
vice chairman, and other members of the Board shall each serve at the
pleasure of the President.
(2) 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.
(3) QUORUM AND MEETINGS- 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.
(f) COMPENSATION AND TRAVEL EXPENSES-
(A) CHAIRMAN ON FULL-TIME BASIS- If the chairman
serves on a full-time basis, the rate of pay for the chairman shall be
the annual rate of basic pay in effect for a position at level III of
the Executive Schedule under section 5314 of title 5, United States
Code.
(B) CHAIRMAN AND VICE CHAIRMAN ON PART-TIME BASIS-
The chairman, if serving on a part-time basis, and the vice chairman
shall be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay in effect for a position at level III of the
Executive Schedule under section 5314 of title 5, United States Code,
for each day during which such official is engaged in the actual
performance of the duties of the Board.
(C) MEMBERS- Each member of the Board shall be
compensated at a rate equal to the daily equivalent of the annual rate
of basic pay in effect for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each
day during which that member is engaged in the actual performance of
the duties of the Board.
(2) TRAVEL EXPENSES- Members of the Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the Federal
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 an executive director and such other personnel as
may be necessary to enable the Board to carry out its functions,
without regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter 53 of
such title relating to classification and General Schedule pay rates,
except that no rate of pay fixed under this subsection may exceed the
equivalent of that payable for a position at level V of the Executive
Schedule under section 5316 of title 5, United States Code.
(2) DETAILEES- Federal employees 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.
(h) SECURITY CLEARANCES- The appropriate departments and
agencies of the executive branch shall cooperate with the Board to
expeditiously provide Board members and staff with appropriate security
clearances to the extent possible under applicable procedures and
requirements. Promptly upon commencing its work, the Board shall adopt,
after consultation with the Secretary of Defense, the Attorney General,
and the National Intelligence Director, rules and procedures of the
Board for physical, communications, computer, document, personnel, and
other security in relation to the work of the Board.
(i) APPLICABILITY OF CERTAIN LAWS-
(1) FEDERAL ADVISORY COMMITTEE ACT- The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with respect to
the Board and its activities.
(2) FREEDOM OF INFORMATION ACT- For purposes of the
Freedom of Information Act, the Board shall be treated as an agency (as
that term is defined in section 551(1) of title 5, United States Code).
(j) CONSTRUCTION- Except as otherwise provided in this
section, nothing in this section shall be construed to require any
consultation with the Board by any department or agency of the
executive branch or any Federal officer or employee, or any waiting
period that must be observed by any department or agency of the
executive branch or any Federal officer or employee, before developing,
proposing, or implementing any legislation, law, regulation, policy, or
guideline related to efforts to protect the Nation from terrorism.
(k) PRESIDENTIAL RESPONSIBILITY- The Board shall perform
its functions within the executive branch and under the general
supervision of the President.
(l) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated such sums as may be necessary to carry out this
section.
SEC. 1062. SENSE OF CONGRESS ON DESIGNATION OF PRIVACY AND CIVIL LIBERTIES OFFICERS.
It is the sense of Congress that each executive
department or agency with law enforcement or antiterrorism functions
should designate a privacy and civil liberties officer.
Subtitle G--Conforming and Other Amendments
SEC. 1071. CONFORMING AMENDMENTS RELATING TO ROLES OF DIRECTOR OF
NATIONAL INTELLIGENCE 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 `Director of National Intelligence':
(A) Section 101(h)(2)(A) (50 U.S.C. 402(h)(2)(A)).
(B) Section 101(h)(5) (50 U.S.C. 402(h)(5)).
(C) Section 101(i)(2)(A) (50 U.S.C. 402(i)(2)(A)).
(D) Section 101(j) (50 U.S.C. 402(j)).
(E) Section 105(a) (50 U.S.C. 403-5(a)).
(F) Section 105(b)(6)(A) (50 U.S.C. 403-5(b)(6)(A)).
(G) Section 105B(a)(1) (50 U.S.C. 403-5b(a)(1)).
(H) Section 105B(b) (50 U.S.C. 403-5b(b)), the first place it appears.
(I) Section 110(b) (50 U.S.C. 404e(b)).
(J) Section 110(c) (50 U.S.C. 404e(c)).
(K) Section 112(a)(1) (50 U.S.C. 404g(a)(1)).
(L) Section 112(d)(1) (50 U.S.C. 404g(d)(1)).
(M) Section 113(b)(2)(A) (50 U.S.C. 404h(b)(2)(A)).
(N) Section 114(a)(1) (50 U.S.C. 404i(a)(1)).
(O) Section 114(b)(1) (50 U.S.C. 404i(b)(1)).
(P) Section 115(a)(1) (50 U.S.C. 404j(a)(1)).
(Q) Section 115(b) (50 U.S.C. 404j(b)).
(R) Section 115(c)(1)(B) (50 U.S.C. 404j(c)(1)(B)).
(S) Section 116(a) (50 U.S.C. 404k(a)).
(T) Section 117(a)(1) (50 U.S.C. 404l(a)(1)).
(U) Section 303(a) (50 U.S.C. 405(a)), both places it appears.
(V) Section 501(d) (50 U.S.C. 413(d)).
(W) Section 502(a) (50 U.S.C. 413a(a)).
(X) Section 502(c) (50 U.S.C. 413a(c)).
(Y) Section 503(b) (50 U.S.C. 413b(b)).
(Z) Section 504(a)(3)(C) (50 U.S.C. 414(a)(3)(C)).
(AA) Section 504(d)(2) (50 U.S.C. 414(d)(2)).
(BB) Section 506A(a)(1) (50 U.S.C. 415a-1(a)(1)).
(CC) Section 603(a) (50 U.S.C. 423(a)).
(DD) Section 702(a)(1) (50 U.S.C. 432(a)(1)).
(EE) Section 702(a)(6)(B)(viii) (50 U.S.C. 432(a)(6)(B)(viii)).
(FF) Section 702(b)(1) (50 U.S.C. 432(b)(1)), both places it appears.
(GG) Section 703(a)(1) (50 U.S.C. 432a(a)(1)).
(HH) Section 703(a)(6)(B)(viii) (50 U.S.C. 432a(a)(6)(B)(viii)).
(II) Section 703(b)(1) (50 U.S.C. 432a(b)(1)), both places it appears.
(JJ) Section 704(a)(1) (50 U.S.C. 432b(a)(1)).
(KK) Section 704(f)(2)(H) (50 U.S.C. 432b(f)(2)(H)).
(LL) Section 704(g)(1)) (50 U.S.C. 432b(g)(1)), both places it appears.
(MM) Section 1001(a) (50 U.S.C. 441g(a)).
(NN) Section 1102(a)(1) (50 U.S.C. 442a(a)(1)).
(OO) Section 1102(b)(1) (50 U.S.C. 442a(b)(1)).
(PP) Section 1102(c)(1) (50 U.S.C. 442a(c)(1)).
(QQ) Section 1102(d) (50 U.S.C. 442a(d)).
(2) That Act is further amended by striking `of Central 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 `Director of
National Intelligence':
(A) Section 114(c) (50 U.S.C. 404i(c)).
(B) Section 116(b) (50 U.S.C. 404k(b)).
(C) Section 1001(b) (50 U.S.C. 441g(b)).
(D) Section 1001(c) (50 U.S.C. 441g(c)), the first place it appears.
(E) Section 1001(d)(1)(B) (50 U.S.C. 441g(d)(1)(B)).
(F) Section 1001(e) (50 U.S.C. 441g(e)), the first place it appears.
(4) Section 114A of that Act (50 U.S.C. 404i-1) is amended
by striking `Director of Central Intelligence' and inserting `Director
of National Intelligence, the Director of the Central Intelligence
Agency'
(5) Section 504(a)(2) of that Act (50 U.S.C. 414(a)(2)) is
amended by striking `Director of Central Intelligence' and inserting
`Director of the Central Intelligence Agency'.
(6) Section 701 of that Act (50 U.S.C. 431) is amended--
(A) in subsection (a), by striking `Operational files
of the Central Intelligence Agency may be exempted by the Director of
Central Intelligence' and inserting `The Director of the Central
Intelligence Agency, with the coordination of the Director of National
Intelligence, 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 Director of National Intelligence'.
(7) The heading for section 114 of that Act (50 U.S.C. 404i) is amended to read as follows:
`ADDITIONAL ANNUAL REPORTS FROM THE DIRECTOR OF NATIONAL INTELLIGENCE'.
(b) CENTRAL INTELLIGENCE AGENCY ACT OF 1949- (1) The
Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is
amended by striking `Director of Central Intelligence' each place it
appears in the following provisions and inserting `Director of National
Intelligence':
(A) Section 6 (50 U.S.C. 403g).
(B) Section 17(f) (50 U.S.C. 403q(f)), both places it appears.
(2) That Act is further amended by striking `of Central Intelligence' in each of the following provisions:
(A) Section 2 (50 U.S.C. 403b).
(B) Section 16(c)(1)(B) (50 U.S.C. 403p(c)(1)(B)).
(C) Section 17(d)(1) (50 U.S.C. 403q(d)(1)).
(D) Section 20(c) (50 U.S.C. 403t(c)).
(3) That Act is further amended by striking `Director of
Central Intelligence' each place it appears in the following provisions
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 `Director of National Intelligence'.
(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 `Director of
National Intelligence'.
(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 `Director of National Intelligence'.
(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 `Director of National Intelligence':
(i) Section 313(a) (50 U.S.C. 404n(a)).
(ii) Section 343(a)(1) (50 U.S.C. 404n-2(a)(1))
(B) That Act is further amended by striking `Director
of Central Intelligence' each place it appears in the following
provisions and inserting `Director of National Intelligence':
(i) Section 904(e)(4) (50 U.S.C. 402c(e)(4)).
(ii) Section 904(e)(5) (50 U.S.C. 402c(e)(5)).
(iii) Section 904(h) (50 U.S.C. 402c(h)), each place it appears.
(iv) Section 904(m) (50 U.S.C. 402c(m)).
(C) Section 341 of that Act (50 U.S.C. 404n-1) 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 `Director of National Intelligence
shall establish within the Central Intelligence Agency'.
(D) Section 352(b) of that Act (50 U.S.C. 404-3 note)
is amended by striking `Director' and inserting `Director of National
Intelligence'.
(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 `Director of National
Intelligence':
(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 `Director of National Intelligence'.
(C) Section 404 of that Act (18 U.S.C. 4124 note) is
amended by striking `Director of Central Intelligence' and inserting
`Director of the Central Intelligence Agency'.
SEC. 1072. OTHER CONFORMING AMENDMENTS
(a) 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 Director of National Intelligence'.
(2) Section 105(a) of that Act (50 U.S.C. 403-5(a)) is
amended by striking `The Secretary' in the matter preceding paragraph
(1) and inserting `Consistent with sections 102 and 102A, the
Secretary'.
(3) Section 105(b) of that Act (50 U.S.C. 403-5(b)) is
amended by striking `103 and 104' in the matter preceding paragraph (1)
and inserting `102 and 102A'.
(4) Section 112(d)(1) of that Act (50 U.S.C. 404g(d)(1)) is
amended by striking `section 103(c)(6) of this Act' and inserting
`section 102A(i) of this Act'.
(5) Section 116(b) of that Act (50 U.S.C. 404k(b)) is
amended by striking `to the Deputy Director of Central Intelligence, or
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 Director of National
Intelligence, or with respect to employees of the Central Intelligence
Agency, to the Director of the Central Intelligence Agency'.
(6) Section 506A(b)(1) of that Act (50 U.S.C. 415a-1(b)(1))
is amended by striking `Office of the Deputy Director of Central
Intelligence' and inserting `Office of the Director of National
Intelligence'.
(7) Section 701(c)(3) of that Act (50 U.S.C. 431(c)(3)) is
amended by striking `Office of the Director of Central Intelligence'
and inserting `Office of the Director of National Intelligence'.
(8) Section 1001(b) of that Act (50 U.S.C. 441g(b)) is
amended by striking `Assistant Director of Central Intelligence for
Administration' and inserting `Office of the Director of National
Intelligence'.
(b) CENTRAL INTELLIGENCE ACT OF 1949- Section 6 of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403g) is amended by
striking `section 103(c)(7) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(7))' and inserting `section 102A(i) of the National
Security Act of 1947'.
(c) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT- Section
201(c) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2011(c)) is amended by striking `paragraph (6) of section 103(c) of the
National Security Act of 1947 (50 U.S.C. 403-3(c)) that the Director of
Central Intelligence' and inserting `section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 403-3(c)(1)) that the Director of
National Intelligence'.
(d) INTELLIGENCE AUTHORIZATION ACTS-
(1) PUBLIC LAW 107-306- (A) Section 343(c) of the
Intelligence Authorization Act for Fiscal Year 2003 (Public Law
107-306; 50 U.S.C. 404n-2(c)) is amended by striking `section 103(c)(6)
of the National Security Act of 1947 (50 U.S.C. 403-3((c)(6))' and
inserting `section 102A(i) of the National Security Act of 1947 (50
U.S.C. 403-3(c)(1))'.
(B)(i) Section 902 of that Act (also known as the
Counterintelligence Enhancements Act of 2002) (50 U.S.C. 402b) is
amended by striking `President' each place it appears and inserting
`Director of National Intelligence'.
(ii) Section 902(a)(2) of that Act is amended by
striking `Director of Central Intelligence' and inserting `Director of
the Central Intelligence Agency'.
(C) Section 904 of that Act (50 U.S.C. 402c) is amended--
(i) in subsection (c), by striking `Office of the
Director of Central Intelligence' and inserting `Office of the Director
of National Intelligence'; and
(ii) in subsection (l), by striking `Office of the
Director of Central Intelligence' and inserting `Office of the Director
of National Intelligence'.
(2) PUBLIC LAW 108-177- (A) Section 317 of the
Intelligence Authorization Act for Fiscal Year 2004 (Public Law
108-177; 50 U.S.C. 403-3 note) is amended--
(i) in subsection (g), by striking `Assistant
Director of Central Intelligence for Analysis and Production' and
inserting `Deputy Director of National Intelligence'; and
(ii) in subsection (h)(2)(C), by striking `Assistant Director' and inserting `Deputy Director of National Intelligence'.
(B) Section 318(e) of that Act (50 U.S.C. 441g note) is
amended by striking `Assistant Director of Central Intelligence for
Analysis and Production' and inserting `Deputy Director of National
Intelligence'.
SEC. 1073. ELEMENTS OF INTELLIGENCE COMMUNITY UNDER NATIONAL SECURITY ACT OF 1947.
Paragraph (4) of section 3 of the National Security Act of 1947 (50 U.S.C. 401a) is amended to read as follows:
`(4) The term `intelligence community' includes the following:
`(A) The Office of the Director of National Intelligence.
`(B) The Central Intelligence Agency.
`(C) The National Security Agency.
`(D) The Defense Intelligence Agency.
`(E) The National Geospatial-Intelligence Agency.
`(F) The National Reconnaissance Office.
`(G) Other offices within the Department of Defense
for the collection of specialized national intelligence through
reconnaissance programs.
`(H) The intelligence elements of the Army, the
Navy, the Air Force, the Marine Corps, the Federal Bureau of
Investigation, and the Department of Energy.
`(I) The Bureau of Intelligence and Research of the Department of State.
`(J) The Office of Intelligence and Analysis of the Department of the Treasury.
`(K) The elements of the Department of Homeland
Security concerned with the analysis of intelligence information,
including the Office of Intelligence of the Coast Guard.
`(L) Such other elements of any other department or
agency as may be designated by the President, or designated jointly by
the Director of National Intelligence and the head of the department or
agency concerned, as an element of the intelligence community.'.
SEC. 1074. REDESIGNATION OF NATIONAL FOREIGN INTELLIGENCE PROGRAM AS NATIONAL INTELLIGENCE PROGRAM.
(a) REDESIGNATION- Paragraph (6) of section 3 of the
National Security Act of 1947 (50 U.S.C. 401a) is amended by striking
`Foreign'.
(b) CONFORMING AMENDMENTS- (1)(A) Section 506 of the National Security Act of 1947 (50 U.S.C. 415a) is amended--
(i) in subsection (a), by striking `National Foreign Intelligence Program' and inserting `National Intelligence Program'; and
(ii) in the section heading, by striking `FOREIGN'.
(B) Section 105 of that Act (50 U.S.C. 403-5) is amended--
(i) in paragraphs (2) and (3) of subsection (a), by
striking `National Foreign Intelligence Program' and inserting
`National Intelligence Program'; and
(ii) in the section heading, by striking `FOREIGN'.
(2) Section 17(f) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 403q(f)) is amended by striking `National Foreign
Intelligence Program' and inserting `National Intelligence Program'.
SEC. 1075. REPEAL OF SUPERSEDED AUTHORITY.
Section 111 of the National Security Act of 1947 (50 U.S.C. 404f) is repealed.
SEC. 1076. CLERICAL AMENDMENTS TO NATIONAL SECURITY ACT OF 1947.
The table of contents in the first section of the National Security Act of 1947 is amended--
(1) by striking the items relating to sections 102 through 105 and inserting the following new items:
`Sec. 101A. Joint Intelligence Community Council.
`Sec. 102. Director of National Intelligence.
`Sec. 102A. Responsibilities and authorities of the Director of National Intelligence.
`Sec. 103. Office of the Director of National Intelligence.
`Sec. 103A. Deputy Directors of National Intelligence.
`Sec. 103B. National Intelligence Council.
`Sec. 103C. General Counsel.
`Sec. 103D. Civil Liberties Protection Officer.
`Sec. 103E. Director of Science and Technology.
`Sec. 103F. National Counterintelligence Executive.
`Sec. 104. Central Intelligence Agency.
`Sec. 104A. Director of the Central Intelligence Agency.
`Sec. 105. Responsibilities of the Secretary of Defense pertaining to the National Intelligence Program.';
(2) by striking the item relating to section 111;
(3) by striking the item relating to section 114 and inserting the following new item:
`Sec. 114. Additional annual reports from the Director of National Intelligence.';
(4) by inserting after the item relating to section 118 the following new items:
`Sec. 119. National Counterterrorism Center.
`Sec. 119A. National Counter Proliferation Center.
`Sec. 119B. National intelligence centers.
(5) by striking the item relating to section 506 and inserting the following new item:
`Sec. 506. Specificity of National Intelligence Program
budget amounts for counterterrorism, counterproliferation,
counternarcotics, and counterintelligence.';
(6) by inserting after the item relating to section 1001 the following new items:
`Sec. 1002. Framework for cross-disciplinary education and training.
`Sec. 1003. Intelligence Community Scholarship Program.'.
SEC. 1077. CONFORMING AMENDMENTS RELATING TO PROHIBITING DUAL SERVICE OF THE DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
Section 1 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a) is amended--
(1) by redesignating paragraphs (a), (b), and (c) as paragraphs (1), (2), and (3), respectively; and
(2) by striking paragraph (2), as so redesignated, and inserting the following new paragraph (2):
`(2) `Director' means the Director of the Central Intelligence Agency; and'.
SEC. 1078. AUTHORITY TO ESTABLISH INSPECTOR GENERAL FOR THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section:
`AUTHORITY TO ESTABLISH INSPECTOR GENERAL OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
SEC. 8K. If the Director of National Intelligence
determines that an Office of Inspector General would be beneficial to
improving the operations and effectiveness of the Office of the
Director of National Intelligence, the Director of National
Intelligence is authorized to establish, with any of the duties,
responsibilities, and authorities set forth in this Act, an Office of
Inspector General.'.
SEC. 1079. ETHICS MATTERS.
(a) POLITICAL SERVICE OF PERSONNEL- Section 7323(b)(2)(B)(i) of title 5, United States Code, is amended--
(1) in subclause (XII), by striking `or' at the end; and
(2) by inserting after subclause (XIII) the following new subclause:
`(XIV) the Office of the Director of National Intelligence; or'.
(b) DELETION OF INFORMATION ABOUT FOREIGN GIFTS- Section 7342(f)(4) of title 5, United States Code, is amended--
(1) by inserting `(A)' after `(4)';
(2) in subparagraph (A), as so designated, by striking
`the Director of Central Intelligence' and inserting `the Director of
the Central Intelligence Agency'; and
(3) by adding at the end the following new subparagraph:
`(B) In transmitting such listings for the Office of the
Director of National Intelligence, the Director of National
Intelligence may delete the information described in subparagraphs (A)
and (C) of paragraphs (2) and (3) if the Director certifies in writing
to the Secretary of State that the publication of such information
could adversely affect United States intelligence sources.'.
(c) EXEMPTION FROM FINANCIAL DISCLOSURES- Section 105(a)(1)
of the Ethics in Government Act (5 U.S.C. App.) is amended by inserting
`the Office of the Director of National Intelligence,' before `the
Central Intelligence Agency'.
SEC. 1080. CONSTRUCTION OF AUTHORITY OF DIRECTOR OF NATIONAL INTELLIGENCE TO ACQUIRE AND MANAGE PROPERTY AND SERVICES.
Section 113(e) of title 40, United States Code, is amended--
(1) in paragraph (18), by striking `or' at the end;
(2) in paragraph (19), by striking the period at the end and inserting `; or'; and
(3) by adding at the end the following new paragraph:
`(20) the Office of the Director of National Intelligence.'.
SEC. 1081. GENERAL REFERENCES.
(a) 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 Director of National
Intelligence.
(b) DIRECTOR OF CENTRAL INTELLIGENCE AS HEAD OF CIA- Any
reference to the Director of Central Intelligence or the Director of
the Central Intelligence Agency in the Director's capacity as the head
of the Central Intelligence Agency in any law, regulation, document,
paper, or other record of the United States shall be deemed to be a
reference to the Director of the Central Intelligence Agency.
(c) COMMUNITY MANAGEMENT STAFF- Any reference to the
Community Management Staff in any law, regulation, document, paper, or
other record of the United States shall be deemed to be a reference to
the staff of the Office of the Director of National Intelligence.
Subtitle H--Transfer, Termination, Transition, and Other Provisions
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
(a) TRANSFER- There shall be transferred to the Office
of the Director of National Intelligence such staff of the Community
Management Staff as of the date of the enactment of this Act as the
Director of National Intelligence determines to be appropriate,
including all functions and activities discharged by the Community
Management Staff as of that date.
(b) ADMINISTRATION- The Director of National Intelligence
shall administer the Community Management Staff after the date of the
enactment of this Act as a component of the Office of the Director of
National Intelligence under section 103 of the National Security Act of
1947, as amended by section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
(a) TRANSFER- There shall be transferred to the
National Counterterrorism Center the Terrorist Threat Integration
Center (TTIC) or its successor entity, including all functions and
activities discharged by the Terrorist Threat Integration Center or its
successor entity as of the date of the enactment of this Act.
(b) ADMINISTRATION- The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act as a
component of the Directorate of Intelligence of the National
Counterterrorism Center under section 119(i) of the National Security
Act of 1947, as added by section 1021(a) of this Act.
SEC. 1093. TERMINATION OF POSITIONS OF ASSISTANT DIRECTORS OF CENTRAL INTELLIGENCE.
(a) TERMINATION- The positions referred to in subsection (b) are hereby abolished.
(b) COVERED POSITIONS- The positions referred to in this subsection are as follows:
(1) The Assistant Director of Central Intelligence for Collection.
(2) The Assistant Director of Central Intelligence for Analysis and Production.
(3) The Assistant Director of Central Intelligence for Administration.
SEC. 1094. IMPLEMENTATION PLAN.
The President shall transmit to Congress a plan for the
implementation of this title and the amendments made by this title. The
plan shall address, at a minimum, the following:
(1) The transfer of personnel, assets, and obligations to the Director of National Intelligence pursuant to this title.
(2) Any consolidation, reorganization, or streamlining
of activities transferred to the Director of National Intelligence
pursuant to this title.
(3) The establishment of offices within the Office of
the Director of National Intelligence to implement the duties and
responsibilities of the Director of National Intelligence as described
in this title.
(4) Specification of any proposed disposition of
property, facilities, contracts, records, and other assets and
obligations to be transferred to the Director of National Intelligence.
(5) Recommendations for additional legislative or administrative action as the President considers appropriate.
SEC. 1095. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON IMPLEMENTATION OF INTELLIGENCE COMMUNITY REFORM.
(a) REPORT- Not later than one year after the effective
date of this Act, the Director of National Intelligence shall submit to
the congressional intelligence committees a report on the progress made
in the implementation of this title, including the amendments made by
this title. The report shall include a comprehensive description of the
progress made, and may include such recommendations for additional
legislative or administrative action as the Director considers
appropriate.
(b) CONGRESSIONAL INTELLIGENCE COMMITTEES DEFINED- In this section, the term `congressional intelligence committees' means--
(1) the Select Committee on Intelligence of the Senate; and
(2) the Permanent Select Committee on Intelligence of the House of Representatives.
SEC. 1096. TRANSITIONAL AUTHORITIES.
(a) IN GENERAL- Upon the request of the Director of
National Intelligence, the head of any executive agency may, on a
reimbursable basis, provide services or detail personnel to the
Director of National Intelligence.
(b) TRANSFER OF PERSONNEL- In addition to any other
authorities available under law for such purposes, in the fiscal year
after the effective date of this Act, the Director of National
Intelligence--
(1) is authorized within the Office of the Director of National Intelligence 500 new personnel billets; and
(2) with the approval of the Director of the Office of
Management and Budget, may detail not more than 150 personnel funded
within the National Intelligence Program to the Office of the Director
of National Intelligence for a period of not more than 2 years.
SEC. 1097. EFFECTIVE DATES.
(a) IN GENERAL- Except as otherwise expressly provided in
this Act, this title and the amendments made by this title shall take
effect not later than six months after the date of the enactment of
this Act.
(b) SPECIFIC EFFECTIVE DATES- (1)(A) Not later than 60 days
after the date of the appointment of the first Director of National
Intelligence, the Director of National Intelligence shall first appoint
individuals to positions within the Office of the Director of National
Intelligence.
(B) Subparagraph (A) shall not apply with respect to the Principal Deputy Director of National Intelligence.
(2) Not later than 180 days after the effective date of
this Act, the President shall transmit to Congress the implementation
plan required by section 1094.
(3) Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence shall prescribe
regulations, policies, procedures, standards, and guidelines required
under section 102A of the National Security Act of 1947, as amended by
section 1011(a) of this Act.
Subtitle I--Other Matters
SEC. 1101. STUDY OF PROMOTION AND PROFESSIONAL MILITARY EDUCATION SCHOOL SELECTION RATES FOR MILITARY INTELLIGENCE OFFICERS.
(a) STUDY- The Secretary of Defense shall conduct a
study of the promotion selection rates, and the selection rates for
attendance at professional military education schools, of intelligence
officers of the Armed Forces, particularly in comparison to the rates
for other officers of the same Armed Force who are in the same grade
and competitive category.
(b) REPORT- The Secretary shall submit to the Committees on
Armed Services of the Senate and House of Representatives a report
providing the Secretary's findings resulting from the study under
subsection (a) and the Secretary's recommendations (if any) for such
changes in law as the Secretary considers needed to ensure that
intelligence officers, as a group, are selected for promotion, and for
attendance at professional military education schools, at rates not
less than the rates for all line (or the equivalent) officers of the
same Armed Force (both in the zone and below the zone) in the same
grade. The report shall be submitted not later than April 1, 2005.
SEC. 1102. EXTENSION AND IMPROVEMENT OF AUTHORITIES OF PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) DIRECTION- Section 703(a) of the Public Interest
Declassification Act of 2000 (title VII of Public Law 106-567; 114
Stat. 2856; 50 U.S.C. 435 note) is amended--
(1) by inserting `(1)' after `ESTABLISHMENT- '; and
(2) by adding at the end the following new paragraph:
`(2) The Board shall report directly to the President or,
upon designation by the President, the Vice President, the Attorney
General, or other designee of the President. The other designee of the
President under this paragraph may not be an agency head or official
authorized to classify information under Executive Order 12958, or any
successor order.'.
(b) PURPOSES- Section 703(b) of that Act (114 Stat. 2856) is amended by adding at the end the following new paragraph:
`(5) To review and make recommendations to the
President in a timely manner with respect to any congressional request,
made by the committee of jurisdiction, to declassify certain records or
to reconsider a declination to declassify specific records.'.
(c) RECOMMENDATIONS ON SPECIAL SEARCHES- Section
704(c)(2)(A) of that Act (114 Stat. 2860) is amended by inserting
before the period the following: `, and also including specific
requests for the declassification of certain records or for the
reconsideration of declinations to declassify specific records'.
(d) DECLASSIFICATION REVIEWS- Section 704 of that Act (114
Stat. 2859) is further amended by adding at the end the following new
subsection:
`(e) DECLASSIFICATION REVIEWS- If requested by the
President, the Board shall review in a timely manner certain records or
declinations to declassify specific records, the declassification of
which has been the subject of specific congressional request described
in section 703(b)(5).'.
(e) NOTIFICATION OF REVIEW- Section 706 of that Act (114
Stat. 2861) is amended by adding at the end the following new
subsection:
`(f) NOTIFICATION OF REVIEW- In response to a specific
congressional request for declassification review described in section
703(b)(5), the Board shall advise the originators of the request in a
timely manner whether the Board intends to conduct such review.'.
(f) EXTENSION- Section 710(b) of that Act (114 Stat. 2864) is amended by striking `4 years' and inserting `8 years'.
SEC. 1103. SEVERABILITY.
If any provision of this Act, or an amendment made by 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 those to which such
provision is held invalid shall not be affected thereby.
TITLE II--FEDERAL BUREAU OF INVESTIGATION
SEC. 2001. IMPROVEMENT OF INTELLIGENCE CAPABILITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
(a) 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(e).
(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 principal 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. 2002. 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. 2003. FEDERAL BUREAU OF INVESTIGATION INTELLIGENCE CAREER SERVICE.
(a) ESTABLISHMENT OF FEDERAL BUREAU OF INVESTIGATION
INTELLIGENCE CAREER SERVICE- The Director of the Federal Bureau of
Investigation may--
(1) in consultation with the Director of the Office of Personnel Management--
(A) establish positions for intelligence analysts,
and prescribe standards and procedures for establishing and classifying
such positions, without regard to chapter 51 of title 5, United States
Code; and
(B) fix the rate of basic pay for such positions,
without regard to subchapter III of chapter 53 of title 5, 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) appoint individuals to such positions; and
(3) establish a performance management system for such
individuals with at least one level of performance above a retention
standard.
(b) 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 the appropriate committees of
Congress.
(c) 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 the appropriate committees of Congress.
(d) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term `appropriate committees of Congress means'--
(1) the Committees on Appropriations, Homeland Security
and Governmental Affairs, and the Judiciary and the Select Committee on
Intelligence of the Senate; and
(2) the Committees on Appropriations, Government
Reform, and the Judiciary and the Permanent Select Committee on
Intelligence of the House of Representatives.
SEC. 2004. FEDERAL BUREAU OF INVESTIGATION RESERVE SERVICE.
(a) In General- Chapter 35 of title 5, United States Code, is amended by adding at the end the following:
`SUBCHAPTER VII--RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
`Sec. 3598. Federal Bureau of Investigation Reserve Service
`(a) Establishment- The Director of the Federal Bureau of
Investigation may provide for the establishment and training of a
Federal Bureau of Investigation Reserve Service (hereinafter in this
section referred to as the `FBI Reserve Service') for temporary
reemployment of employees in the Bureau during periods of emergency, as
determined by the Director.
`(b) Membership- Membership in the FBI Reserve Service
shall be limited to individuals who previously served as full-time
employees of the Bureau.
`(c) Annuitants- If an individual receiving an annuity from
the Civil Service Retirement and Disability Fund on the basis of such
individual's service becomes temporarily reemployed pursuant to this
section, such annuity shall not be discontinued thereby. An individual
so reemployed shall not be considered an employee for the purposes of
chapter 83 or 84.
`(d) No Impact on Bureau Personnel Ceiling- FBI Reserve
Service members reemployed on a temporary basis pursuant to this
section shall not count against any personnel ceiling applicable to the
Bureau.
`(e) Expenses- The Director may provide members of the FBI
Reserve Service transportation and per diem in lieu of subsistence, in
accordance with applicable provisions of this title, for the purpose of
participating in any training that relates to service as a member of
the FBI Reserve Service.
`(f) Limitation on Membership- Membership of the FBI Reserve Service is not to exceed 500 members at any given time.
`(g) LIMITATION ON DURATION OF SERVICE- An individual may
not be reemployed under this section for more than 180 days in
connection with any particular emergency unless, in the judgment of the
Director, the public interest so requires.'.
(b) Clerical Amendment- The analysis for chapter 35 of
title 5, United States Code, is amended by adding at the end the
following:
`SUBCHAPTER VII-RETENTION OF RETIRED SPECIALIZED EMPLOYEES AT THE FEDERAL BUREAU OF INVESTIGATION
`3598. Federal Bureau of Investigation Reserve Service.'.
SEC. 2005. FEDERAL BUREAU OF INVESTIGATION MANDATORY SEPARATION AGE.
(a) CIVIL SERVICE RETIREMENT SYSTEM- Section 8335(b) of title 5, United States Code, is amended--
(1) by striking `(b)' and inserting `(b)(1)'; and
(2) by adding at the end the following:
`(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The Federal
Bureau of Investigation may not grant more than 50 exemptions in any
fiscal year in accordance with the preceding sentence, and the
authority to grant such exemptions shall cease to be available after
September 30, 2007.'.
(b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM- Section 8425(b) of title 5, United States Code, is amended--
(1) by striking `(b)' and inserting `(b)(1)'; and
(2) by adding at the end the following:
`(2) In the case of employees of the Federal Bureau of
Investigation, the second sentence of paragraph (1) shall be applied by
substituting `65 years of age' for `60 years of age'. The Federal
Bureau of Investigation may not grant more than 50 exemptions in any
fiscal year in accordance with the preceding sentence, and the
authority to grant such exemptions shall cease to be available after
September 30, 2007.'.
SEC. 2006. FEDERAL BUREAU OF INVESTIGATION USE OF TRANSLATORS.
Not later than 30 days after the date of the enactment
of this Act, and annually thereafter, the Attorney General of the
United States shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report 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.
TITLE III--SECURITY CLEARANCES
SEC. 3001. SECURITY CLEARANCES.
(a) DEFINITIONS- In this section:
(1) The term `agency' means--
(A) an executive agency (as that term is defined in section 105 of title 5, United States Code);
(B) a military department (as that term is defined in section 102 of title 5, United States Code); and
(C) an element of the intelligence community.
(2) The term `authorized investigative agency' means an
agency designated by the head of the agency selected pursuant to
subsection (b) to conduct a counterintelligence investigation or
investigation of persons who are proposed for access to classified
information to ascertain whether such persons satisfy the criteria for
obtaining and retaining access to such information.
(3) The term `authorized adjudicative agency' means an
agency authorized by law, regulation, or direction of the Director of
National Intelligence to determine eligibility for access to classified
information in accordance with Executive Order 12968.
(4) The term `highly sensitive program' means--
(A) a government program designated as a Special
Access Program (as that term is defined in section 4.1(h) of Executive
Order 12958 or any successor Executive order); or
(B) a government program that applies restrictions required for--
(i) restricted data (as that term is defined in section 11 y. of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); or
(ii) other information commonly referred to as `sensitive compartmented information'.
(5) The term `current investigation file' means, with
respect to a security clearance, a file on an investigation or
adjudication that has been conducted during--
(A) the 5-year period beginning on the date the
security clearance was granted, in the case of a Top Secret Clearance,
or the date access was granted to a highly sensitive program;
(B) the 10-year period beginning on the date the security clearance was granted in the case of a Secret Clearance; and
(C) the 15-year period beginning on the date the security clearance was granted in the case of a Confidential Clearance.
(6) The term `personnel security investigation' means
any investigation required for the purpose of determining the
eligibility of any military, civilian, or government contractor
personnel to access classified information.
(7) The term `periodic reinvestigations' means
investigations conducted for the purpose of updating a previously
completed background investigation--
(A) every 5 years in the case of a top secret clearance or access to a highly sensitive program;
(B) every 10 years in the case of a secret clearance; or
(C) every 15 years in the case of a Confidential Clearance.
(8) The term `appropriate committees of Congress' means--
(A) the Permanent Select Committee on Intelligence
and the Committees on Armed Services, Homeland Security, Government
Reform, and the Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence and the
Committees on Armed Services, Homeland Security and Governmental
Affairs, and the Judiciary of the Senate.
(b) SELECTION OF ENTITY- Not later than 90 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 be
responsible for--
(1) directing day-to-day oversight of investigations
and adjudications for personnel security clearances, including for
highly sensitive programs, throughout the United States Government;
(2) developing and implementing uniform and consistent
policies and procedures to ensure the effective, efficient, and timely
completion of security clearances and determinations for access to
highly sensitive programs, including the standardization of security
questionnaires, financial disclosure requirements for security
clearance applicants, and polygraph policies and procedures;
(3) serving as the final authority to designate an authorized investigative agency or authorized adjudicative agency;
(4) ensuring reciprocal recognition of access to
classified information among the agencies of the United States
Government, including acting as the final authority to arbitrate and
resolve disputes involving the reciprocity of security clearances and
access to highly sensitive programs pursuant to subsection (d);
(5) ensuring, to the maximum extent practicable, that
sufficient resources are available in each agency to achieve clearance
and investigative program goals; and
(6) reviewing and coordinating the development of tools
and techniques for enhancing the conduct of investigations and granting
of clearances.
(c) PERFORMANCE OF SECURITY CLEARANCE INVESTIGATIONS- (1)
Notwithstanding any other provision of law, not later than 180 days
after the date of the enactment of this Act, the President shall, in
consultation with the head of the entity selected pursuant to
subsection (b), select a single agency of the executive branch to
conduct, to the maximum extent practicable, 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. The head of the entity selected pursuant to
subsection (b) may designate other agencies to conduct such
investigations if the head of the entity selected pursuant to
subsection (b) considers it appropriate for national security and
efficiency purposes.
(2) The agency selected under paragraph (1) shall--
(A) take all necessary actions to carry out the
requirements of this section, including entering into a memorandum of
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, integrate reporting of
security clearance applications, security clearance investigations, and
determinations of eligibility for security clearances, with the
database required by subsection (e); and
(C) ensure that security clearance investigations are
conducted in accordance with uniform standards and requirements
established under subsection (b), including uniform security
questionnaires and financial disclosure requirements.
(d) RECIPROCITY OF SECURITY CLEARANCE AND ACCESS
DETERMINATIONS- (1) All security clearance background investigations
and determinations completed by an authorized investigative agency or
authorized adjudicative agency shall be accepted by all agencies.
(2) All security clearance background investigations
initiated by an authorized investigative agency shall be transferable
to any other authorized investigative agency.
(3)(A) An authorized investigative agency or authorized
adjudicative agency may not establish additional investigative or
adjudicative requirements (other than requirements for the conduct of a
polygraph examination) that exceed requirements specified in Executive
Orders establishing security requirements for access to classified
information without the approval of the head of the entity selected
pursuant to subsection (b).
(B) Notwithstanding subparagraph (A), the head of the
entity selected pursuant to subsection (b) may establish such
additional requirements as the head of such entity considers necessary
for national security purposes.
(4) An authorized investigative agency or authorized
adjudicative agency may not conduct an investigation for purposes of
determining whether to grant a security clearance to an individual
where a current investigation or clearance of equal level already
exists or has been granted by another authorized adjudicative agency.
(5) The head of the entity selected pursuant to subsection
(b) may disallow the reciprocal recognition of an individual security
clearance by an agency under this section on a case-by-case basis if
the head of the entity selected pursuant to subsection (b) determines
that such action is necessary for national security purposes.
(6) The head of the entity selected pursuant to subsection
(b) shall establish a review procedure by which agencies can seek
review of actions required under this section.
(e) DATABASE ON SECURITY CLEARANCES- (1) Not later than 12
months after the date of the enactment of this Act, the Director of the
Office of Personnel Management shall, in cooperation with the heads of
the entities selected pursuant to subsections (b) and (c), establish
and commence operating and maintaining an integrated, secure, database
into which appropriate data relevant to the granting, denial, or
revocation of a security clearance or access pertaining to military,
civilian, or government contractor personnel shall be entered from all
authorized investigative and adjudicative agencies.
(2) The database under this subsection shall function to
integrate information from existing Federal clearance tracking systems
from other authorized investigative and adjudicative agencies into a
single consolidated database.
(3) Each authorized investigative or adjudicative agency
shall check the database under this subsection to determine whether an
individual the agency has identified as requiring a security clearance
has already been granted or denied a security clearance, or has had a
security clearance revoked, by any other authorized investigative or
adjudicative agency.
(4) The head of the entity selected pursuant to subsection
(b) shall evaluate the extent to which an agency is submitting
information to, and requesting information from, the database under
this subsection as part of a determination of whether to certify the
agency as an authorized investigative agency or authorized adjudicative
agency.
(5) The head of the entity selected pursuant to subsection
(b) may authorize an agency to withhold information about certain
individuals from the database under this subsection if the head of the
entity considers it necessary for national security purposes.
(f) EVALUATION OF USE OF AVAILABLE TECHNOLOGY IN CLEARANCE
INVESTIGATIONS AND ADJUDICATIONS- (1) The head of the entity selected
pursuant to subsection (b) shall evaluate the use of available
information technology and databases to expedite investigative and
adjudicative processes for all and to verify standard information
submitted as part of an application for a security clearance.
(2) The evaluation shall assess the application of the technologies described in paragraph (1) for--
(A) granting interim clearances to applicants at the
secret, top secret, and special access program levels before the
completion of the appropriate full investigation;
(B) expediting investigations and adjudications of
security clearances, including verification of information submitted by
the applicant;
(C) ongoing verification of suitability of personnel
with security clearances in effect for continued access to classified
information;
(D) use of such technologies to augment periodic reinvestigations;
(E) assessing the impact of the use of such
technologies on the rights of applicants to verify, correct, or
challenge information obtained through such technologies; and
(F) such other purposes as the head of the entity selected pursuant to subsection (b) considers appropriate.
(3) An individual subject to verification utilizing the
technology described in paragraph (1) shall be notified of such
verification, shall provide consent to such use, and shall have access
to data being verified in order to correct errors or challenge
information the individual believes is incorrect.
(4) Not later than one year after the date of the enactment
of this Act, the head of the entity selected pursuant to subsection (b)
shall submit to the President and the appropriate committees of
Congress a report on the results of the evaluation, including
recommendations on the use of technologies described in paragraph (1).
(g) REDUCTION IN LENGTH OF PERSONNEL SECURITY CLEARANCE
PROCESS- (1) The head of the entity selected pursuant to subsection (b)
shall, within 90 days of selection under that subsection, develop, in
consultation with the appropriate committees of Congress and each
authorized adjudicative agency, a plan to reduce the length of the
personnel security clearance process.
(2)(A) To the extent practical the plan under paragraph (1)
shall require that each authorized adjudicative agency make a
determination on at least 90 percent of all applications for a
personnel security clearance within an average of 60 days after the
date of receipt of the completed application for a security clearance
by an authorized investigative agency. Such 60-day average period shall
include--
(i) a period of not longer than 40 days to complete the investigative phase of the clearance review; and
(ii) a period of not longer than 20 days to complete the adjudicative phase of the clearance review.
(B) Determinations on clearances not made within 60 days shall be made without delay.
(3)(A) The plan under paragraph (1) shall take effect 5 years after the date of the enactment of this Act.
(B) During the period beginning on a date not later than 2
years after the date after the enactment of this Act and ending on the
date on which the plan under paragraph (1) takes effect, each
authorized adjudicative agency shall make a determination on at least
80 percent of all applications for a personnel security clearance
pursuant to this section within an average of 120 days after the date
of receipt of the application for a security clearance by an authorized
investigative agency. Such 120-day average period shall include--
(i) a period of not longer than 90 days to complete the investigative phase of the clearance review; and
(ii) a period of not longer than 30 days to complete the adjudicative phase of the clearance review.
(h) REPORTS- (1) Not later than February 15, 2006, and
annually thereafter through 2011, the head of the entity selected
pursuant to subsection (b) shall submit to the appropriate committees
of Congress a report on the progress made during the preceding year
toward meeting the requirements of this section.
(2) Each report shall include, for the period covered by such report--
(A) the periods of time required by the authorized
investigative agencies and authorized adjudicative agencies for
conducting investigations, adjudicating cases, and granting clearances,
from date of submission to ultimate disposition and notification to the
subject and the subject's employer;
(B) a discussion of any impediments to the smooth and timely functioning of the requirements of this section; and
(C) such other information or recommendations as the
head of the entity selected pursuant to subsection (b) considers
appropriate.
(i) AUTHORIZATION OF APPROPRIATIONS- There is authorized to
be appropriated such sums as may be necessary for fiscal year 2005 and
each fiscal year thereafter for the implementation, maintenance, and
operation of the database required by subsection (e).
TITLE IV--TRANSPORTATION SECURITY
Subtitle A--National Strategy for Transportation Security
SEC. 4001. NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.
(a) IN GENERAL- Section 114 of title 49, United States Code, is amended by adding at the end the following:
`(t) TRANSPORTATION SECURITY STRATEGIC PLANNING-
`(1) IN GENERAL- The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed--
`(A) a National Strategy for Transportation Security; and
`(B) transportation modal security plans.
`(2) ROLE OF SECRETARY OF TRANSPORTATION- The Secretary
of Homeland Security shall work jointly with the Secretary of
Transportation in developing, revising, and updating the documents
required by paragraph (1).
`(3) CONTENTS OF NATIONAL STRATEGY FOR TRANSPORTATION
SECURITY- The National Strategy for Transportation Security shall
include the following:
`(A) An identification and evaluation of the
transportation assets in the United States that, in the interests of
national security and commerce, must be protected from attack or
disruption by terrorist or other hostile forces, including modal
security plans for aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass transit, over-the-road
bus, and other public transportation infrastructure assets that could
be at risk of such an attack or disruption.
`(B) The development of risk-based priorities
across all transportation modes and realistic deadlines for addressing
security needs associated with those assets referred to in subparagraph
(A).
`(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
`(D) A forward-looking strategic plan that sets
forth the agreed upon roles and missions of Federal, State, regional,
and local authorities and establishes mechanisms for encouraging
private sector cooperation and participation in the implementation of
such plan.
`(E) A comprehensive delineation of response and
recovery responsibilities and issues regarding threatened and executed
acts of terrorism within the United States.
`(F) A prioritization of research and development
objectives that support transportation security needs, giving a higher
priority to research and development directed toward protecting vital
transportation assets.
`(4) SUBMISSIONS OF PLANS TO CONGRESS-
`(A) INITIAL STRATEGY- The Secretary of Homeland
Security shall submit the National Strategy for Transportation
Security, including the transportation modal security plans, developed
under this subsection to the appropriate congressional committees not
later than April 1, 2005.
`(B) SUBSEQUENT VERSIONS- After December 31, 2005,
the Secretary of Homeland Security shall submit the National Strategy
for Transportation Security, including the transportation modal
security plans and any revisions to the National Strategy for
Transportation Security and the transportation modal security plans, to
appropriate congressional committees not less frequently than April 1
of each even-numbered year.
`(C) PERIODIC PROGRESS REPORT-
`(i) 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 the appropriate congressional committees an
assessment of the progress made on implementing the National Strategy
for Transportation Security.
`(ii) CONTENT- Each progress report under this
subparagraph shall include, at a minimum, recommendations for improving
and implementing the National Strategy for Transportation Security and
the transportation modal security plans that the Secretary, in
consultation with the Secretary of Transportation, considers
appropriate.
`(D) CLASSIFIED MATERIAL- Any part of the National
Strategy for Transportation Security or the transportation modal
security plans that involve information that is properly classified
under criteria established by Executive order shall be submitted to the
appropriate congressional committees separately in a classified format.
`(E) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED-
In this subsection, the term `appropriate congressional committees'
means the Committee on Transportation and Infrastructure and the Select
Committee on Homeland Security of the House of Representatives and the
Committee on Commerce, Science, and Transportation and the Committee on
Homeland Security and Governmental Affairs of the Senate.
`(A) IN GENERAL- The National Strategy for
Transportation Security shall be the governing document for Federal
transportation security efforts.
`(B) OTHER PLANS AND REPORTS- The National Strategy
for Transportation Security shall include, as an integral part or as an
appendix--
`(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
`(ii) the report required by section 44938 of this title;
`(iii) transportation modal security plans required under this section; and
`(iv) any other transportation security plan or
report that the Secretary of Homeland Security determines appropriate
for inclusion.'.
(b) AVIATION SECURITY PLANNING; OPERATIONAL CRITERIA- Section 44904 of title 49, United States Code, is amended--
(1) by redesignating subsection (c) as subsection (e); and
(2) by inserting after subsection (b) the following:
`(c) MODAL SECURITY PLAN FOR AVIATION- In addition to the
requirements set forth in subparagraphs (B) through (F) of section
114(t)(3), the modal security plan for aviation prepared under section
114(t) shall--
`(1) establish a damage mitigation and recovery plan for the aviation system in the event of a terrorist attack; and
`(2) include a threat matrix document that outlines
each threat to the United States civil aviation system and the
corresponding layers of security in place to address such threat.
`(d) OPERATIONAL CRITERIA- Not later than 90 days after the
date of the submission of the National Strategy for Transportation
Security under section 114(t)(4)(A), the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall issue
operational criteria to protect airport infrastructure and operations
against the threats identified in the plans prepared under section
114(t)(1) and shall approve best practices guidelines for airport
assets.'.
Subtitle B--Aviation Security
SEC. 4011. PROVISION FOR THE USE OF BIOMETRIC OR OTHER TECHNOLOGY.
(a) USE OF BIOMETRIC IDENTIFIER TECHNOLOGY- Section 44903(h) of title 49, United States Code, is amended--
(1) in paragraph (4)(E) by striking `may provide for'
and inserting `shall issue, not later than March 31, 2005, guidance
for'; and
(2) by adding at the end the following:
`(5) USE OF BIOMETRIC TECHNOLOGY IN AIRPORT ACCESS
CONTROL SYSTEMS- In issuing guidance under paragraph (4)(E), the
Assistant Secretary of Homeland Security (Transportation Security
Administration) in consultation with representatives of the aviation
industry, the biometric identifier industry, and the National Institute
of Standards and Technology, shall establish, at a minimum--
`(A) comprehensive technical and operational system
requirements and performance standards for the use of biometric
identifier technology in airport access control systems (including
airport perimeter access control systems) to ensure that the biometric
identifier systems are effective, reliable, and secure;
`(B) a list of products and vendors that meet the requirements and standards set forth in subparagraph (A);
`(C) procedures for implementing biometric identifier systems--
`(i) to ensure that individuals do not use an assumed identity to enroll in a biometric identifier system; and
`(ii) to resolve failures to enroll, false matches, and false non-matches; and
`(D) best practices for incorporating biometric
identifier technology into airport access control systems in the most
effective manner, including a process to best utilize existing airport
access control systems, facilities, and equipment and existing data
networks connecting airports.
`(6) USE OF BIOMETRIC TECHNOLOGY FOR LAW ENFORCEMENT OFFICER TRAVEL-
`(A) IN GENERAL- Not later than 120 days after the
date of enactment of this paragraph, the Assistant Secretary, in
consultation with the Attorney General, shall--
`(i) establish a law enforcement officer travel
credential that incorporates biometric identifier technology and is
uniform across all Federal, State, local, tribal, and territorial
government law enforcement agencies;
`(ii) establish a process by which the travel
credential will be used to verify the identity of a Federal, State,
local, tribal, or territorial law enforcement officer seeking to carry
a weapon on board an aircraft, without unnecessarily disclosing to the
public that the individual is a law enforcement officer;
`(iii) establish procedures--
`(I) to ensure that only Federal, State,
local, tribal, and territorial government law enforcement officers are
issued a law enforcement travel credential;
`(II) to resolve failures to enroll, false
matches, and false non-matches relating to use of the law enforcement
travel credential; and
`(III) to invalidate any law enforcement travel credential that is lost, stolen, or no longer authorized for use;
`(iv) begin issuance of the travel credential
to each Federal, State, local, tribal, or territorial government law
enforcement officer authorized by the Assistant Secretary to carry a
weapon on board an aircraft; and
`(v) take such other actions with respect to the travel credential as the Assistant Secretary considers appropriate.
`(B) FUNDING- There is authorized to be appropriated such sums as may be necessary to carry out this paragraph.
`(7) DEFINITIONS- In this subsection, the following definitions apply:
`(A) BIOMETRIC IDENTIFIER INFORMATION- The term
`biometric identifier information' means the distinct physical or
behavioral characteristics of an individual that are used for unique
identification, or verification of the identity, of an individual.
`(B) BIOMETRIC IDENTIFIER- The term `biometric
identifier' means a technology that enables the automated
identification, or verification of the identity, of an individual based
on biometric information.
`(C) FAILURE TO ENROLL- The term `failure to
enroll' means the inability of an individual to enroll in a biometric
identifier system due to an insufficiently distinctive biometric
sample, the lack of a body part necessary to provide the biometric
sample, a system design that makes it difficult to provide consistent
biometric identifier information, or other factors.
`(D) FALSE MATCH- The term `false match' means the
incorrect matching of one individual's biometric identifier information
to another individual's biometric identifier information by a biometric
identifier system.
`(E) FALSE NON-MATCH- The term `false non-match' means the rejection of a valid identity by a biometric identifier system.
`(F) SECURE AREA OF AN AIRPORT- The term `secure
area of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal Regulations, or any
successor regulation to such section).'.
(b) AVIATION SECURITY RESEARCH AND DEVELOPMENT- There is
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 advanced biometric technology applications to aviation
security, including mass identification technology.
(c) SENSE OF CONGRESS ON TRANSFER OF TECHNOLOGY- It is the
sense of Congress that the national intelligence community and the
Department of Homeland Security should share information on and
technological advancements to biometric systems, biometric technology,
and biometric identifier systems obtained through research and
development programs conducted by various Federal agencies.
(d) BIOMETRIC CENTER OF EXCELLENCE- There is authorized to
be appropriated $1,000,000, in addition to any amounts otherwise
authorized by law, for the establishment of a competitive center of
excellence that will develop and expedite the Federal Government's use
of biometric identifiers.
SEC. 4012. ADVANCED AIRLINE PASSENGER PRESCREENING.
(1) DOMESTIC FLIGHTS- Section 44903(j)(2) of title 49, United States Code, is amended by adding at the end the following:
`(C) ADVANCED AIRLINE PASSENGER PRESCREENING-
`(i) COMMENCEMENT OF TESTING- Not later than
January 1, 2005, the Assistant Secretary of Homeland Security
(Transportation Security Administration), or the designee of the
Assistant Secretary, shall commence testing of an advanced passenger
prescreening system that will allow the Department of Homeland Security
to assume the performance of comparing passenger information, as
defined by the Assistant Secretary, to the automatic selectee and no
fly lists, utilizing all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal Government.
`(ii) ASSUMPTION OF FUNCTION- Not later than
180 days after completion of testing under clause (i), the Assistant
Secretary, or the designee of the Assistant Secretary, shall begin to
assume the performance of the passenger prescreening function of
comparing passenger information to the automatic selectee and no fly
lists and utilize all appropriate records in the consolidated and
integrated terrorist watchlist maintained by the Federal Government in
performing that function.
`(iii) REQUIREMENTS- In assuming performance of the function under clause (ii), the Assistant Secretary shall--
`(I) establish a procedure to enable
airline passengers, who are delayed or prohibited from boarding a
flight because the advanced passenger prescreening system determined
that they might pose a security threat, to appeal such determination
and correct information contained in the system;
`(II) ensure that Federal Government
databases that will be used to establish the identity of a passenger
under the system will not produce a large number of false positives;
`(III) establish an internal oversight board to oversee and monitor the manner in which the system is being implemented;
`(IV) establish sufficient operational safeguards to reduce the opportunities for abuse;
`(V) implement substantial security measures to protect the system from unauthorized access;
`(VI) adopt policies establishing effective oversight of the use and operation of the system; and
`(VII) ensure that there are no specific privacy concerns with the technological architecture of the system.
`(iv) PASSENGER INFORMATION- Not later than 180
days after the completion of the testing of the advanced passenger
prescreening system, the Assistant Secretary, by order or interim final
rule--
`(I) shall require air carriers to supply
to the Assistant Secretary the passenger information needed to begin
implementing the advanced passenger prescreening system; and
`(II) shall require entities that provide
systems and services to air carriers in the operation of air carrier
reservations systems to provide to air carriers passenger information
in possession of such entities, but only to the extent necessary to
comply with subclause (I).
`(D) SCREENING OF EMPLOYEES AGAINST WATCHLIST- The
Assistant Secretary of Homeland Security (Transportation Security
Administration), in coordination with the Secretary of Transportation
and the Administrator of the Federal Aviation Administration, shall
ensure that individuals are screened against all appropriate records in
the consolidated and integrated terrorist watchlist maintained by the
Federal Government before--
`(i) being certificated by the Federal Aviation Administration;
`(ii) being granted unescorted access to the secure area of an airport; or
`(iii) being granted unescorted access to the
air operations area (as defined in section 1540.5 of title 49, Code of
Federal Regulations, or any successor regulation to such section) of an
airport.
`(E) AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING-
`(i) IN GENERAL- Not later than 90 days after
the date on which the Assistant Secretary assumes the performance of
the advanced passenger prescreening function under subparagraph
(C)(ii), the Assistant Secretary shall establish a process by which
operators of aircraft to be used in charter air transportation with a
maximum takeoff weight greater than 12,500 pounds and lessors of
aircraft with a maximum takeoff weight greater than 12,500 pounds may--
`(I) request the Department of Homeland
Security to use the advanced passenger prescreening system to compare
information about any individual seeking to charter an aircraft with a
maximum takeoff weight greater than 12,500 pounds, any passenger
proposed to be transported aboard such aircraft, and any individual
seeking to lease an aircraft with a maximum takeoff weight greater than
12,500 pounds to the automatic selectee and no fly lists, utilizing all
appropriate records in the consolidated and integrated terrorist
watchlist maintained by the Federal Government; and
`(II) refuse to charter or lease an
aircraft with a maximum takeoff weight greater than 12,500 pounds to or
transport aboard such aircraft any persons identified on such watch
list.
`(ii) REQUIREMENTS- The requirements of subparagraph (C)(iii) shall apply to this subparagraph.
`(iii) NO FLY AND AUTOMATIC SELECTEE LISTS- The
Secretary of Homeland Security, in consultation with the Terrorist
Screening Center, shall design and review, as necessary, guidelines,
policies, and operating procedures for the collection, removal, and
updating of data maintained, or to be maintained, in the no fly and
automatic selectee lists.
`(F) APPLICABILITY- Section 607 of the Vision
100--Century of Aviation Reauthorization Act (49 U.S.C. 44903 note; 117
Stat. 2568) shall not apply to the advanced passenger prescreening
system established under subparagraph (C).
`(i) IN GENERAL- The Assistant Secretary shall
establish a timely and fair process for individuals identified as a
threat under one or more of subparagraphs (C), (D), and (E) to appeal
to the Transportation Security Administration the determination and
correct any erroneous information.
`(ii) RECORDS- The process shall include the
establishment of a method by which the Assistant Secretary will be able
to maintain a record of air passengers and other individuals who have
been misidentified and have corrected erroneous information. To prevent
repeated delays of misidentified passengers and other individuals, the
Transportation Security Administration record shall contain information
determined by the Assistant Secretary to authenticate the identity of
such a passenger or individual.
`(H) DEFINITION- In this paragraph, the term
`secure area of an airport' means the sterile area and the Secure
Identification Display Area of an airport (as such terms are defined in
section 1540.5 of title 49, Code of Federal Regulations, or any
successor regulation to such section).'.
(2) INTERNATIONAL FLIGHTS- Section 44909(c) of title 49, United States Code, is amended--
(A) by striking `paragraph (5),' in paragraph (4) and inserting `paragraphs (5) and (6),'; and
(B) by adding at the end the following:
`(6) PRESCREENING INTERNATIONAL PASSENGERS-
`(A) IN GENERAL- Not later than 60 days after date
of enactment of this paragraph, the Secretary of Homeland Security, or
the designee of the Secretary, shall issue a notice of proposed
rulemaking that will allow the Department of Homeland Security to
compare passenger information for any international flight to or from
the United States against the consolidated and integrated terrorist
watchlist maintained by the Federal Government before departure of the
flight.
`(i) IN GENERAL- The Secretary of Homeland
Security shall establish a timely and fair process for individuals
identified as a threat under subparagraph (A) to appeal to the
Department of Homeland Security the determination and correct any
erroneous information.
`(ii) RECORDS- The process shall include the
establishment of a method by which the Secretary will be able to
maintain a record of air passengers and other individuals who have been
misidentified and have corrected erroneous information. To prevent
repeated delays of misidentified passengers and other individuals, the
Department of Homeland Security record shall contain information
determined by the Secretary to authenticate the identity of such a
passenger or individual.'.
(b) REPORT ON EFFECTS ON PRIVACY AND CIVIL LIBERTIES-
(1) REQUIREMENT FOR REPORT- Not later than 180 days
after the date of the enactment of this Act, the Security Privacy
Officer of the Department of Homeland Security shall submit a report
assessing the impact of the automatic selectee and no fly lists on
privacy and civil liberties to the Committee on the Judiciary, the
Committee on Homeland Security and 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.
(2) CONTENT- The report submitted under paragraph (1) shall include--
(A) any recommendations for practices, procedures,
regulations, or legislation that the Security Privacy Officer considers
necessary to minimize adverse effects of automatic selectee and no fly
lists on privacy, discrimination, due process, and other civil
liberties;
(B) a discussion of the implications of applying those lists to other modes of transportation; and
(C) the effect that implementation of the
recommendations would have on the effectiveness of the use of such
lists to protect the United States against terrorist attacks.
(3) FORM- To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified
information, and the administration of applicable law, the report shall
be submitted in unclassified form and shall be available to the public.
The report may contain a classified annex if necessary.
(c) REPORT ON CRITERIA FOR CONSOLIDATED TERRORIST WATCH LIST-
(1) IN GENERAL- Within 180 days after the date of
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Secretary of
State, and the Attorney General, shall submit to Congress a report on
the Terrorist Screening Center consolidated screening watch list.
(2) CONTENTS- The report shall include--
(A) the criteria for placing the name of an individual on the watch list;
(B) the minimum standards for reliability and accuracy of identifying information;
(C) the degree of information certainty and the range of threat levels that are to be identified for an individual; and
(D) the range of applicable consequences that are to apply to an individual, if located.
(3) FORM- To the greatest extent consistent with the
protection of law enforcement-sensitive information and classified
information and the administration of applicable law, the report shall
be submitted in unclassified form and shall be available to the public.
The report may contain a classified annex if necessary.
SEC. 4013. DEPLOYMENT AND USE OF DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS.
(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. Deployment and use of detection equipment at airport screening checkpoints
`(a) WEAPONS AND EXPLOSIVES- The Secretary of Homeland
Security shall give a high priority to developing, testing, improving,
and deploying, at airport screening checkpoints, equipment that detects
nonmetallic, chemical, biological, and radiological weapons, and
explosives, in all forms, on individuals and in their personal
property. The Secretary shall ensure that the equipment alone, or as
part of an integrated system, can detect under realistic operating
conditions the types of weapons and explosives that terrorists would
likely try to smuggle aboard an air carrier aircraft.
`(b) STRATEGIC PLAN FOR DEPLOYMENT AND USE OF EXPLOSIVE DETECTION EQUIPMENT AT AIRPORT SCREENING CHECKPOINTS-
`(1) IN GENERAL- Not later than 90 days after the date
of enactment of this section, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall submit to the
appropriate congressional committees a strategic plan to promote the
optimal utilization and deployment of explosive detection equipment at
airports to screen individuals and their personal property. Such
equipment includes walk-through explosive detection portals, document
scanners, shoe scanners, and backscatter x-ray scanners. The plan may
be submitted in a classified format.
`(2) CONTENT- The strategic plan shall include, at minimum--
`(A) a description of current efforts to detect explosives in all forms on individuals and in their personal property;
`(B) a description of the operational applications of explosive detection equipment at airport screening checkpoints;
`(C) a deployment schedule and a description of the quantities of equipment needed to implement the plan;
`(D) a description of funding needs to implement
the plan, including a financing plan that provides for leveraging of
non-Federal funding;
`(E) a description of the measures taken and anticipated to be taken in carrying out subsection (d); and
`(F) a description of any recommended legislative actions.
`(c) PORTAL DETECTION SYSTEMS- There is 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, development, and
installation of detection systems and other devices for the detection
of biological, chemical, radiological, and explosive materials.
`(d) INTERIM ACTION- Until measures are implemented that
enable the screening of all passengers for explosives, the Assistant
Secretary shall provide, by such means as the Assistant Secretary
considers appropriate, explosives detection screening for all
passengers identified for additional screening and their personal
property that will be carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or
intrastate air transportation.'.
(b) CONFORMING AMENDMENT- The analysis for chapter 449 of
title 49, United States Code, is amended by inserting after the item
relating to section 44924 the following:
`44925. Deployment and use of detection equipment at airport screening checkpoints.'.
SEC. 4014. ADVANCED AIRPORT CHECKPOINT SCREENING DEVICES.
(a) ADVANCED INTEGRATED AIRPORT CHECKPOINT SCREENING
SYSTEM PILOT PROGRAM- Not later than March 31, 2005, the Assistant
Secretary of Homeland Security (Transportation Security Administration)
shall develop and initiate a pilot program to deploy and test advanced
airport checkpoint screening devices and technology as an integrated
system at not less than 5 airports in the United States.
(b) FUNDING- Of the amounts appropriated pursuant to
section 48301(a) of title 49, United States Code, for each of fiscal
years 2005 and 2006, not more than $150,000,000 shall be available to
carry out subsection (a).
SEC. 4015. IMPROVEMENT OF SCREENER JOB PERFORMANCE.
(a) REQUIRED ACTION- The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall take
such action as may be necessary to improve the job performance of
airport screening personnel.
(b) HUMAN FACTORS STUDY- In carrying out this section, the
Assistant Secretary shall provide, not later than 180 days after the
date of the enactment of this Act, to the appropriate congressional
committees a report on the results of any human factors study conducted
by the Department of Homeland Security to better understand problems in
screener performance and to improve screener performance.
SEC. 4016. FEDERAL AIR MARSHALS.
(a) FEDERAL AIR MARSHAL ANONYMITY- The Director of the
Federal Air Marshal Service of the Department of Homeland Security
shall continue operational initiatives to protect the anonymity of
Federal air marshals.
(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS- There is
authorized to be appropriated to the Secretary of Homeland Security for
the use of the Bureau of Immigration 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 shall remain available until expended.
(c) FEDERAL LAW ENFORCEMENT COUNTERTERRORISM TRAINING-
(1) AVAILABILITY OF INFORMATION- The Assistant
Secretary for Immigration and Customs Enforcement and the Director of
Federal Air Marshal Service of the Department of Homeland Security,
shall make available, as practicable, appropriate information on
in-flight counterterrorism and weapons handling procedures and tactics
training to Federal law enforcement officers who fly while in
possession of a firearm.
(2) IDENTIFICATION OF FRAUDULENT DOCUMENTS- The
Assistant Secretary for Immigration and Customs Enforcement and the
Director of Federal Air Marshal Service of the Department of Homeland
Security, in coordination with the Assistant Secretary of Homeland
Security (Transportation Security Administration), shall ensure that
Transportation Security Administration screeners and Federal air
marshals receive training in identifying fraudulent identification
documents, including fraudulent or expired visas and passports. Such
training shall also be made available to other Federal law enforcement
agencies and local law enforcement agencies located in a State that
borders Canada or Mexico.
SEC. 4017. INTERNATIONAL AGREEMENTS TO ALLOW MAXIMUM DEPLOYMENT OF FEDERAL AIR MARSHALS.
The President is encouraged to pursue aggressively
international agreements with foreign governments to allow the maximum
deployment of Federal air marshals on international flights.
SEC. 4018. FOREIGN AIR MARSHAL TRAINING.
Section 44917 of title 49, United States Code, is amended by adding at the end the following:
`(d) TRAINING FOR FOREIGN LAW ENFORCEMENT PERSONNEL-
`(1) IN GENERAL- The Assistant Secretary for
Immigration and Customs Enforcement of the Department of Homeland
Security, after consultation with the Secretary of State, may direct
the Federal Air Marshal Service to provide appropriate air marshal
training to law enforcement personnel of foreign countries.
`(2) WATCHLIST SCREENING- The Federal Air Marshal
Service may only provide appropriate air marshal training to law
enforcement personnel of foreign countries after comparing the
identifying information and records of law enforcement personnel of
foreign countries against all appropriate records in the consolidated
and integrated terrorist watchlists maintained by the Federal
Government.
`(3) FEES- The Assistant Secretary shall establish
reasonable fees and charges to pay expenses incurred in carrying out
this subsection. Funds collected under this subsection shall be
credited to the account in the Treasury from which the expenses were
incurred and shall be available to the Assistant Secretary for purposes
for which amounts in such account are available.'.
SEC. 4019. IN-LINE CHECKED BAGGAGE SCREENING.
(a) IN-LINE BAGGAGE SCREENING EQUIPMENT- The Assistant
Secretary of Homeland Security (Transportation Security Administration)
shall take such action as may be necessary to expedite the installation
and use of in-line baggage screening equipment at airports at which
screening is required by section 44901 of title 49, United States Code.
(b) SCHEDULE- Not later than 180 days after the date of
enactment of this Act, the Assistant Secretary shall submit to the
appropriate congressional committees a schedule to expedite the
installation and use of in-line baggage screening equipment at such
airports, with an estimate of the impact that such equipment, facility
modification, and baggage conveyor placement will have on staffing
needs and levels related to aviation security.
(c) REPLACEMENT OF TRACE-DETECTION EQUIPMENT- Not later
than 180 days after the date of enactment of this Act, the Assistant
Secretary shall establish and submit to the appropriate congressional
committees a schedule for replacing trace-detection equipment, as soon
as practicable and where appropriate, with explosive detection system
equipment.
(d) COST-SHARING STUDY- The Secretary of Homeland Security,
in consultation with representatives of air carriers, airport
operators, and other interested parties, shall submit to the
appropriate congressional committees, in conjunction with the
submission of the budget for fiscal year 2006 to Congress under section
1105(a) of title 31, United States Code--
(1) a proposed formula for cost-sharing among the
Federal Government, State and local governments, and the private sector
for projects to install in-line baggage screening equipment that
reflects the benefits that each of such entities derive from such
projects, including national security benefits and labor and other cost
savings;
(2) recommendations, including recommended legislation,
for an equitable, feasible, and expeditious system for defraying the
costs of the in-line baggage screening equipment authorized by this
title; and
(3) the results of a review of innovative financing
approaches and possible cost savings associated with the installation
of in-line baggage screening equipment at airports.
(e) Authorization for Expiring and New LOIs-
(1) IN GENERAL- Section 44923(i) of title 49, United
States Code, is amended by striking `$250,000,000 for each of fiscal
years 2004 through 2007.' and inserting `$400,000,000 for each of
fiscal years 2005, 2006, and 2007.'.
(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, and letters of intent issued under section 367 of the
Department of Transportation and Related Agencies Appropriation Act,
2003 (49 U.S.C. 47110 note).
SEC. 4020. CHECKED BAGGAGE SCREENING AREA MONITORING.
(a) IN GENERAL- The Under Secretary for Border and
Transportation Security of the Department of Homeland Security shall
provide, subject to the availability of funds, assistance to airports
at which screening is required by section 44901 of title 49, United
States Code, and that have checked baggage screening 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 is 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
shall remain available until expended.
SEC. 4021. WIRELESS COMMUNICATION.
(a) STUDY- The Assistant Secretary of Homeland Security
(Transportation Security Administration), in consultation with the
Administrator of the Federal Aviation Administration, shall conduct a
study to determine the viability of providing devices or methods,
including wireless methods, to enable a flight crew to discreetly
notify the pilot in the case of a security breach or safety issue
occurring in the cabin.
(b) MATTERS TO BE CONSIDERED- In conducting the study, the
Transportation Security Administration and the Federal Aviation
Administration shall consider technology that is readily available and
can be quickly integrated and customized for use aboard aircraft for
flight crew communication.
(c) REPORT- Not later than 180 days after the date of
enactment of this Act, the Transportation Security Administration shall
submit to the appropriate congressional committees a report on the
results of the study.
SEC. 4022. IMPROVED PILOT LICENSES.
(a) IN GENERAL- Not later than one year after the date
of enactment of this Act, the Administrator of the Federal Aviation
Administration shall begin to issue improved pilot licenses consistent
with the requirements of title 49, United States Code, and title 14,
Code of Federal Regulations.
(b) REQUIREMENTS- Improved pilots licenses issued under subsection (a) shall--
(1) be resistant to tampering, alteration, and counterfeiting;
(2) include a photograph of the individual to whom the license is issued; and
(3) be capable of accommodating a digital photograph, a
biometric identifier, or any other unique identifier that the
Administrator considers necessary.
(c) TAMPERING- To the extent practical, the Administrator
shall develop methods to determine or reveal whether any component or
security feature of a license issued under subsection (a) has been
tampered, altered, or counterfeited.
(d) USE OF DESIGNEES- The Administrator may use designees
to carry out subsection (a) to the extent feasible in order to minimize
the burdens on pilots.
SEC. 4023. AVIATION SECURITY STAFFING.
(a) AVIATION SECURITY STAFFING- Not later than 90 days
after the date of enactment of this Act, the Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
develop and submit to the appropriate congressional committees
standards for determining the aviation security staffing for all
airports at which screening is required under section 44901 of title
49, United States Code, necessary to--
(1) provide necessary levels of aviation security; and
(2) ensure that the average aviation security-related delay experienced by airline passengers is minimized.
(b) GAO ANALYSIS- As soon as practicable after the date on
which the Assistant Secretary has developed standards under subsection
(a), the Comptroller General shall conduct an expedited analysis of,
and submit a report to the appropriate congressional committees on, the
standards for effectiveness, administrability, ease of compliance, and
consistency with the requirements of existing law.
(c) 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 authority 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. 4024. IMPROVED EXPLOSIVE DETECTION SYSTEMS.
(a) PLAN AND GUIDELINES- The Assistant Secretary of
Homeland Security (Transportation Security Administration) shall
develop a plan and guidelines for implementing improved explosive
detection system equipment.
(b) AUTHORIZATION OF APPROPRIATIONS- There is 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 improved explosive detection systems for aviation
security under section 44913 of title 49, United States Code.
SEC. 4025. PROHIBITED ITEMS LIST.
Not later than 60 days after the date of enactment of this
Act, the Assistant Secretary for Homeland Security (Transportation
Security Administration) shall complete a review of the list of items
prohibited from being carried aboard a passenger aircraft operated by
an air carrier or foreign air carrier in air transportation or
intrastate air transportation set forth in section 1540 of title 49,
Code of Federal Regulations, and shall release a revised list that
includes--
(2) any other modification that the Assistant Secretary considers appropriate.
SEC. 4026. MAN-PORTABLE AIR DEFENSE SYSTEMS (MANPADS).
(a) United States Policy on Nonproliferation and Export Control-
(1) TO LIMIT AVAILABILITY AND TRANSFER OF MANPADS- The
President shall pursue, on an urgent basis, further strong
international diplomatic and cooperative efforts, including bilateral
and multilateral treaties, in the appropriate forum to limit the
availability, transfer, and proliferation of MANPADSs worldwide.
(2) TO LIMIT THE PROLIFERATION OF MANPADS- The
President is encouraged to seek to enter into agreements with the
governments of foreign countries that, at a minimum, would--
(A) prohibit the entry into force of a MANPADS
manufacturing license agreement and MANPADS co-production agreement,
other than the entry into force of a manufacturing license or
co-production agreement with a country that is party to such an
agreement;
(B) prohibit, except pursuant to transfers between
governments, the export of a MANPADS, including any component, part,
accessory, or attachment thereof, without an individual validated
license; and
(C) prohibit the reexport or retransfer of a
MANPADS, including any component, part, accessory, or attachment
thereof, to a third person, organization, or government unless the
written consent of the government that approved the original export or
transfer is first obtained.
(3) TO ACHIEVE DESTRUCTION OF MANPADS- The President
should continue to pursue further strong international diplomatic and
cooperative efforts, including bilateral and multilateral treaties, in
the appropriate forum to assure the destruction of excess, obsolete,
and illicit stocks of MANPADSs worldwide.
(4) REPORTING AND BRIEFING REQUIREMENT-
(A) PRESIDENT'S REPORT- Not later than 180 days
after the date of enactment of this Act, the President shall transmit
to the appropriate congressional committees a report that contains a
detailed description of the status of diplomatic efforts under
paragraphs (1), (2), and (3) and of efforts by the appropriate United
States agencies to comply with the recommendations of the General
Accounting Office set forth in its report GAO-04-519, entitled
`Nonproliferation: Further Improvements Needed in U.S. Efforts to
Counter Threats from Man-Portable Air Defense Systems'.
(B) ANNUAL BRIEFINGS- Annually after the date of
submission of the report under subparagraph (A) and until completion of
the diplomatic and compliance efforts referred to in subparagraph (A),
the Secretary of State shall brief the appropriate congressional
committees on the status of such efforts.
(b) FAA Airworthiness Certification of Missile Defense Systems for Commercial Aircraft-
(1) IN GENERAL- As soon as practicable, but not later
than the date of completion of Phase II of the Department of Homeland
Security's counter-man-portable air defense system (MANPADS)
development and demonstration program, the Administrator of the Federal
Aviation Administration shall establish a process for conducting
airworthiness and safety certification of missile defense systems for
commercial aircraft certified as effective and functional by the
Department of Homeland Security. The process shall require a
certification by the Administrator that such systems can be safely
integrated into aircraft systems and ensure airworthiness and aircraft
system integrity.
(2) CERTIFICATION ACCEPTANCE- Under the process, the
Administrator shall accept the certification of the Department of
Homeland Security that a missile defense system is effective and
functional to defend commercial aircraft against MANPADSs.
(3) EXPEDITIOUS CERTIFICATION- Under the process, the
Administrator shall expedite the airworthiness and safety certification
of missile defense systems for commercial aircraft certified by the
Department of Homeland Security.
(4) REPORTS- Not later than 90 days after the first
airworthiness and safety certification for a missile defense system for
commercial aircraft is issued by the Administrator, and annually
thereafter until December 31, 2008, the Federal Aviation Administration
shall transmit to the Committee on Transportation and Infrastructure of
the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that contains a detailed
description of each airworthiness and safety certification issued for a
missile defense system for commercial aircraft.
(c) Programs to Reduce MANPADS-
(1) IN GENERAL- The President is encouraged to pursue
strong programs to reduce the number of MANPADSs worldwide so that
fewer MANPADSs will be available for trade, proliferation, and sale.
(2) REPORTING AND BRIEFING REQUIREMENTS- Not later than
180 days after the date of enactment of this Act, the President shall
transmit to the appropriate congressional committees a report that
contains a detailed description of the status of the programs being
pursued under subsection (a). Annually thereafter until the programs
are no longer needed, the Secretary of State shall brief the
appropriate congressional committees on the status of programs.
(3) FUNDING- There is authorized to be appropriated such sums as may be necessary to carry out this section.
(d) MANPADS Vulnerability Assessments Report-
(1) IN GENERAL- Not later than one year after the date
of enactment of this Act, the Secretary of Homeland Security shall
transmit to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report describing the Department of
Homeland Security's plans to secure airports and the aircraft arriving
and departing from airports against MANPADSs attacks.
(2) MATTERS TO BE ADDRESSED- The Secretary's report shall address, at a minimum, the following:
(A) The status of the Department's efforts to
conduct MANPADSs vulnerability assessments at United States airports at
which the Department is conducting assessments.
(B) How intelligence is shared between the United
States intelligence agencies and Federal, State, and local law
enforcement to address the MANPADS threat and potential ways to improve
such intelligence sharing.
(C) Contingency plans that the Department has
developed in the event that it receives intelligence indicating a high
threat of a MANPADS attack on aircraft at or near United States
airports.
(D) The feasibility and effectiveness of
implementing public education and neighborhood watch programs in areas
surrounding United States airports in cases in which intelligence
reports indicate there is a high risk of MANPADS attacks on aircraft.
(E) Any other issues that the Secretary deems relevant.
(3) FORMAT- The report required by this subsection may be submitted in a classified format.
(e) Definitions- In this section, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--
(A) the Committee on Armed Services, the Committee
on International Relations, and the Committee on Transportation and
Infrastructure of the House of Representatives; and
(B) the Committee on Armed Services, the Committee
on Foreign Relations, and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) MANPADS- The term `MANPADS' means--
(A) a surface-to-air missile system designed to be man-portable and carried and fired by a single individual; and
(B) any other surface-to-air missile system
designed to be operated and fired by more than one individual acting as
a crew and portable by several individuals.
SEC. 4027. TECHNICAL CORRECTIONS.
(a) ADMINISTRATIVE IMPOSITION OF PENALTIES- Section 46301(d) of title 49, United States Code, is amended--
(1) in the first sentence of paragraph (2) by striking
`46302, 46303,' and inserting `46302 (for a violation relating to
section 46504),';
(2) in the second sentence of paragraph (2)--
(A) by striking `Under Secretary of Transportation for Security' and inserting `Secretary of Homeland Security'; and
(B) by striking `44909)' and inserting `44909), 46302 (except for a violation relating to section 46504), 46303,';
(3) in paragraphs (2), (3), and (4) by striking `Under
Secretary or' each place it occurs and inserting `Secretary of Homeland
Security or'; and
(4) in paragraph (4)(A) by moving clauses (i), (ii), and (iii) 2 ems to the left.
(b) COMPROMISE AND SETOFF FOR FALSE INFORMATION- Section
46302(b)(1) of title 49, United States Code, is amended by striking
`Secretary of Transportation' and inserting `Secretary of Homeland
Security and, for a violation relating to section 46504, the Secretary
of Transportation,'.
(c) CARRYING A WEAPON- Section 46303 of title 49, United States Code, is amended--
(1) in subsection (b)(1) by striking `Secretary of Transportation' and inserting `Secretary of Homeland Security'; and
(2) in subsection (c)(2) by striking `Under Secretary
of Transportation for Security' and inserting `Secretary of Homeland
Security'.
SEC. 4028. REPORT ON SECONDARY FLIGHT DECK BARRIERS.
Not later than 6 months after the date of the enactment
of this Act, the Assistant Secretary of Homeland Security
(Transportation Security Administration) shall submit to the
appropriate congressional committees a report on the costs and benefits
associated with the use of secondary flight deck barriers, including
the recommendation of the Assistant Secretary whether or not the use of
such barriers should be mandated for all air carriers. The report may
be submitted in a classified form.
SEC. 4029. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by striking `and 2005' and inserting `2005, and 2006'.
Subtitle C--Air Cargo Security
SEC. 4051. PILOT PROGRAM TO EVALUATE USE OF BLAST RESISTANT CARGO AND BAGGAGE CONTAINERS.
(a) IN GENERAL- Beginning not later than 180 days after
the date of enactment of this Act, the Assistant Secretary of Homeland
Security (Transportation Security Administration) shall carry out a
pilot program to evaluate the use of blast-resistant containers for
cargo and baggage on passenger aircraft to minimize the potential
effects of detonation of an explosive device.
(b) INCENTIVES FOR PARTICIPATION IN PILOT PROGRAM-
(1) IN GENERAL- As part of the pilot program, the
Assistant Secretary shall provide incentives to air carriers to
volunteer to test the use of blast-resistant containers for cargo and
baggage on passenger aircraft.
(2) APPLICATIONS- To volunteer to participate in the
incentive program, an air carrier shall submit to the Assistant
Secretary an application that is in such form and contains such
information as the Assistant Secretary requires.
(3) TYPES OF INCENTIVES- Incentives provided by the
Assistant Secretary to air carriers that volunteer to participate in
the pilot program shall include the use of, and financial assistance to
cover increased costs to the carriers associated with the use and
maintenance of, blast-resistant containers, including increased fuel
costs.
(c) TECHNOLOGICAL IMPROVEMENTS- The Secretary of Homeland
Security, in cooperation with the Secretary of Transportation, shall
support efforts to explore alternative technologies for minimizing the
potential effects of detonation of an explosive device on cargo and
passenger aircraft.
(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to
be appropriated to carry out subsections (a) and (b) $2,000,000. Such
sum shall remain available until expended.
SEC. 4052. AIR CARGO SECURITY.
(a) AIR CARGO SCREENING TECHNOLOGY- The Assistant Secretary
of Homeland Security (Transportation Security Administration) shall
develop technology to better identify, track, and screen air cargo.
(b) IMPROVED AIR CARGO AND AIRPORT SECURITY- There is
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.
Such sums shall remain available until expended.
(c) RESEARCH, DEVELOPMENT, AND DEPLOYMENT- To carry out
subsection (a), there is authorized to be appropriated to the
Secretary, in addition to any amounts otherwise authorized by law, for
research and development related to enhanced air cargo security
technology as well as for deployment and installation of enhanced air
cargo security technology--
(1) $100,000,000 for fiscal year 2005;
(2) $100,000,000 for fiscal year 2006; and
(3) $100,000,000 for fiscal year 2007.
Such sums shall remain available until expended.
(d) Advanced Cargo Security Grants-
(1) IN GENERAL- The Secretary shall establish and carry
out a program to issue competitive grants to encourage the development
of advanced air cargo security technology, including use of innovative
financing or other means of funding such activities. The Secretary may
make available funding for this purpose from amounts appropriated
pursuant to subsection (c).
(2) ELIGIBILITY CRITERIA, ETC- 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 rapidly as possible.
SEC. 4053. AIR CARGO SECURITY REGULATIONS.
Not later than 240 days after the date of enactment of
this Act, the Assistant Secretary of Homeland Security (Transportation
Security Administration) shall issue a final rule in Docket Number
TSA-2004-19515 to amend transportation security regulations to enhance
and improve the security of air cargo transported in both passenger and
all-cargo aircraft.
SEC. 4054. REPORT ON INTERNATIONAL AIR CARGO THREATS.
(a) REPORT- Not later than 180 days after the date 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 to the Committee on
Commerce, Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives a
report that contains the following:
(1) A description of the current procedures in place to
address the threat of an inbound all-cargo aircraft from 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 such a classified and
redacted format as the Secretary determines appropriate or necessary.
Subtitle D--Maritime Security
SEC. 4071. WATCH LISTS FOR PASSENGERS ABOARD VESSELS.
(1) 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--
(A) 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;
(B) 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 ships or to subject them to specific additional security
scrutiny, through the use of `no transport' and `automatic selectee'
lists or other means.
(2) WAIVER- The Secretary may waive the requirement in
paragraph (1)(B) with respect to cruise ships embarking at foreign
ports if the Secretary determines that the application of such
requirement to such cruise ships is impracticable.
(b) COOPERATION FROM OPERATORS OF CRUISE SHIPS- 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) MAINTENANCE OF ACCURACY AND INTEGRITY OF `NO TRANSPORT' AND `AUTOMATIC SELECTEE' LISTS-
(1) WATCH LIST DATABASE- The Secretary of Homeland
Security, in consultation with the Terrorist Screening Center, shall
develop guidelines, policies, and operating procedures for the
collection, removal, and updating of data maintained, or to be
maintained, in the `no transport' and `automatic selectee' lists
described in subsection (a)(1) that are designed to ensure the accuracy
and integrity of the lists.
(2) ACCURACY OF ENTRIES- In developing the `no
transport' and `automatic selectee' lists under subsection (a)(1)(B),
the Secretary 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 watch list 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' means a vessel on an international voyage that embarks or
disembarks passengers at a port of United States jurisdiction to which
subpart C of part 160 of title 33, Code of Federal Regulations, applies
and that provides overnight accommodations.
SEC. 4072. DEADLINES FOR COMPLETION OF CERTAIN PLANS, REPORTS, AND ASSESSMENTS.
(a) NATIONAL MARITIME TRANSPORTATION SECURITY PLAN-
Section 70103(a)(1) of title 46, United States Code, is amended by
striking `The Secretary' and inserting `Not later than April 1, 2005,
the Secretary'.
(b) FACILITY AND VESSEL VULNERABILITY ASSESSMENTS- Section
70102(b)(1) of title 46, United States Code, is amended by striking `,
the Secretary' and inserting `and by not later than December 31, 2004,
the Secretary'.
(c) STRATEGIC PLAN REPORTS- Not later than 90 days after
the date of the enactment of this Act, the Secretary of the department
in which the Coast Guard is operating shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of Representatives--
(1) 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;
(2) a report on the status of negotiations under
section 103(a) of the Maritime Transportation Security Act of 2002 (46
U.S.C. 70111);
(3) the report required by section 107(b) of the Maritime Transportation Security Act of 2002 (33 U.S.C. 1226 note); and
(4) a report on the status of the development of the
system and standards required by section 111 of the Maritime
Transportation Security Act of 2002 (46 U.S.C. 70116 note).
(d) OTHER REPORTS- Not later than 90 days after the date of the enactment of this Act--
(1) the Secretary of Homeland Security shall submit to the appropriate congressional committees--
(A) a report on the establishment of the National
Maritime Security Advisory Committee under section 70112 of title 46,
United States Code; and
(B) a report on the status of the program required
by section 70116 of title 46, United States Code, to evaluate and
certify secure systems of international intermodal transportation;
(2) the Secretary of Transportation shall submit to the
appropriate congressional committees 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 submit to the appropriate congressional committees the report
required by section 110(b) of the Maritime Transportation Security Act
of 2002 (46 U.S.C. 70101 note).
Subtitle E--General Provisions
SEC. 4081. DEFINITIONS.
In this title (other than in sections 4001 and 4026), the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' means the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of Representatives.
(2) AVIATION DEFINITIONS- 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.
(3) SECURE AREA OF AN AIRPORT- The term `secure area of
an airport' means the sterile area and the Secure Identification
Display Area of an airport (as such terms are defined in section 1540.5
of title 49, Code of Federal Regulations, or any successor regulations).
SEC. 4082. EFFECTIVE DATE.
This title shall take effect on the date of enactment of this Act.
TITLE V--BORDER PROTECTION, IMMIGRATION, AND VISA MATTERS
Subtitle A--Advanced Technology Northern Border Security Pilot Program
SEC. 5101. ESTABLISHMENT.
The Secretary of Homeland Security may carry out a pilot
program to test various advanced technologies that will improve border
security between ports of entry along the northern border of the United
States.
SEC. 5102. PROGRAM REQUIREMENTS.
(a) REQUIRED FEATURES- The Secretary of Homeland Security
shall design the pilot program under this subtitle 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 subtitle--
(1) is coordinated among United States, State, local, and Canadian law enforcement and border security agencies; and
(2) includes ongoing communication among such agencies.
SEC. 5103. 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 subtitle.
(b) PROGRAM PARTNERSHIPS- In carrying out the pilot program
under this subtitle, 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 5102(b), institutions of
higher education, and private sector entities.
SEC. 5104. REPORT.
(a) REQUIREMENT FOR REPORT- Not later than 1 year after the
date of enactment of this Act, the Secretary of Homeland Security shall
submit to Congress a report on the pilot program under this subtitle.
(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. 5105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated such sums as may be necessary to carry out the pilot program under this subtitle.
Subtitle B--Border and Immigration Enforcement
SEC. 5201. BORDER SURVEILLANCE.
(a) 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 southwest 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. 5202. INCREASE IN FULL-TIME BORDER PATROL AGENTS.
In each of the fiscal years 2006 through 2010, the
Secretary of Homeland Security shall, subject to the availability of
appropriations for such purpose, increase by not less than 2,000 the
number of positions for full-time active-duty border patrol agents
within the Department of Homeland Security above the number of such
positions for which funds were allotted for the preceding fiscal year.
In each of the fiscal years 2006 through 2010, in addition to the
border patrol agents assigned along the northern border of the United
States during the previous fiscal year, the Secretary shall assign a
number of border patrol agents equal to not less than 20 percent of the
net increase in border patrol agents during each such fiscal year.
SEC. 5203. INCREASE IN FULL-TIME IMMIGRATION AND CUSTOMS ENFORCEMENT INVESTIGATORS.
In each of fiscal years 2006 through 2010, the
Secretary of Homeland Security shall, subject to the availability of
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.
SEC. 5204. INCREASE IN DETENTION BED SPACE.
(a) IN GENERAL- Subject to the availability of appropriated
funds, the Secretary of Homeland Security shall increase by not less
than 8,000, in each of the fiscal years 2006 through 2010, the number
of beds available for immigration detention and removal operations of
the Department of Homeland Security above the number for which funds
were allotted for the preceding fiscal year.
(b) PRIORITY- The Secretary shall give priority for the use
of these additional beds to the detention of individuals charged with
removability under section 237(a)(4) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)(4)) or inadmissibility under section 212(a)(3) of
that Act (8 U.S.C. 1182(a)(3)).
Subtitle C--Visa Requirements
SEC. 5301. IN PERSON INTERVIEWS OF VISA APPLICANTS.
(a) 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 14 years of age and not more than
79 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--
`(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
`(ii) within the NATO visa category;
`(iii) within that class of nonimmigrants
enumerated in section 101(a)(15)(C)(iii) (referred to as the `C-3 visa'
category); or
`(iv) granted a diplomatic or official visa on a diplomatic or official passport or on the 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 such alien's prior visa expired;
`(ii) for the visa classification for which such prior visa was issued;
`(iii) from the consular post located in the
country of such alien's usual residence, unless otherwise prescribed in
regulations that require an applicant to apply for a visa in the
country of which such applicant is a national; and
`(iv) the consular officer has no indication
that such 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 or emergent circumstances; and
`(2) notwithstanding paragraph (1), to submit to an in person interview with a consular officer if such alien--
`(A) is not a national or resident of the country in which such alien is applying for a visa;
`(B) was previously refused a visa, unless such refusal was overcome or a waiver of ineligibility has been obtained;
`(C) is listed in the Consular Lookout and Support System (or successor system at the Department of State);
`(D) is a national of a country officially
designated by the Secretary of State as a state sponsor of terrorism,
except such nationals who possess nationalities of countries that are
not designated as state sponsors of terrorism;
`(E) requires a security advisory opinion or other Department of State clearance, unless such alien is--
`(i) within that class of nonimmigrants enumerated in subparagraph (A) or (G) of section 101(a)(15);
`(ii) within the NATO visa category;
`(iii) within that class of nonimmigrants
enumerated in section 101(a)(15)(C)(iii) (referred to as the `C-3 visa'
category); or
`(iv) an alien who qualifies for a diplomatic or official visa, or its equivalent; or
`(F) is identified as a member of a group or sector that the Secretary of State determines--
`(i) poses a substantial risk of submitting 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. 5302. VISA APPLICATION REQUIREMENTS.
Section 222(c) of the Immigration and Nationality Act (8
U.S.C. 1202(c)) is amended by inserting `The alien shall provide
complete and accurate information in response to any request for
information contained in the application.' after the second sentence.
SEC. 5303. EFFECTIVE DATE.
Notwithstanding section 1086 or any other provision of this
Act, sections 5301 and 5302 shall take effect 90 days after the date of
enactment of this Act.
SEC. 5304. REVOCATION OF VISAS AND OTHER TRAVEL DOCUMENTATION.
(a) Limitation on Review- Section 221(i) of the
Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by adding
at the end the following: `There shall be no means of judicial review
(including review pursuant to section 2241 of title 28, United States
Code, or any other habeas corpus provision, and sections 1361 and 1651
of such title) of a revocation under this subsection, except in the
context of a removal proceeding if such revocation provides the sole
ground for removal under section 237(a)(1)(B).'.
(b) Classes of Deportable Aliens- Section 237(a)(1)(B) of
the Immigration and Nationality Act (8 U.S.C. 1227(a)(1)(B)) is amended
by striking `United States is' and inserting the following: `United
States, or whose nonimmigrant visa (or other documentation authorizing
admission into the United States as a nonimmigrant) has been revoked
under section 221(i), is'.
(c) Revocation of Petitions- Section 205 of the Immigration and Nationality Act (8 U.S.C. 1155) is amended--
(1) by striking `Attorney General' and inserting `Secretary of Homeland Security'; and
(2) by striking the final two sentences.
(d) Effective Date- The amendments made by this section
shall take effect on the date of enactment of this Act and shall apply
to revocations under sections 205 and 221(i) of the Immigration and
Nationality Act (8 U.S.C. 1155, 1201(i)) made before, on, or after such
date.
Subtitle D--Immigration Reform
SEC. 5401. BRINGING IN AND HARBORING CERTAIN ALIENS.
(a) CRIMINAL PENALTIES- Section 274(a) of the
Immigration and Nationality Act (8 U.S.C. 1324(a)) is amended by adding
at the end the following:
`(4) In the case of a person who has brought aliens into
the United States in violation of this subsection, the sentence
otherwise provided for may be increased by up to 10 years if--
`(A) the offense was part of an ongoing commercial organization or enterprise;
`(B) aliens were transported in groups of 10 or more; and
`(C)(i) aliens were transported in a manner that endangered their lives; or
`(ii) the aliens presented a life-threatening health risk to people in the United States.'.
(b) OUTREACH PROGRAM- Section 274 of the Immigration and
Nationality Act (8 U.S.C. 1324), as amended by subsection (a), is
further amended by adding at the end the following:
`(e) OUTREACH PROGRAM- The Secretary of Homeland Security,
in consultation with the Attorney General and the Secretary of State,
as appropriate, shall develop and implement an outreach program to
educate the public in the United States and abroad about the penalties
for bringing in and harboring aliens in violation of this section.'.
SEC. 5402. DEPORTATION OF ALIENS WHO HAVE RECEIVED MILITARY-TYPE TRAINING FROM TERRORIST ORGANIZATIONS.
Section 237(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by adding at the end the following:
`(E) RECIPIENT OF MILITARY-TYPE TRAINING-
`(i) IN GENERAL- Any alien who has received
military-type training from or on behalf of any organization that, at
the time the training was received, was a terrorist organization (as
defined in subclause (I) or (II) of section 212(a)(3)(B)(vi)), is
deportable.
`(ii) DEFINITION- As used in this subparagraph,
the term `military-type training' includes training in means or methods
that can cause death or serious bodily injury, destroy or damage
property, or disrupt services to critical infrastructure, or training
on the use, storage, production, or assembly of any explosive, firearm,
or other weapon, including any weapon of mass destruction (as defined
in section 2332a(c)(2) of title 18, United States Code).'.
SEC. 5403. STUDY AND REPORT ON TERRORISTS IN THE ASYLUM SYSTEM.
(a) STUDY- Commencing not later than 30 days after the
date of the enactment of this Act, the Comptroller General of the
United States shall conduct a study to evaluate the extent to which
weaknesses in the United States asylum system and withholding of
removal system have been or could be exploited by aliens connected to,
charged in connection with, or tied to terrorist activity.
(b) ELEMENTS- The study under subsection (a) shall address, but not be limited to, the following:
(1) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have applied for, been granted,
or been denied asylum.
(2) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have applied for, been granted,
or been denied release from detention.
(3) The number of aliens connected to, tied to, charged
in connection with, or who claim to have been accused of or charged in
connection with terrorist activity who have been denied asylum but who
remain at large in the United States.
(4) The effect of the confidentiality provisions of
section 208.6 of title 8, Code of Federal Regulations, on the ability
of the United States Government to establish that an alien is connected
to or tied to terrorist activity, such that the alien is barred from
asylum or withholding of removal, is removable from the United States,
or both.
(5) The effect that precedential decisions, if any,
holding that the extrajudicial punishment of an individual connected to
terrorism, or guerrilla or militant activity abroad, or threats of such
punishment, constitute persecution on account of political opinion as
defined in section 101(a)(42) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(42)), have had on the ability of the United States
Government to remove aliens whom the United States Government believes
are connected to or have ties to terrorism.
(6) The extent to which court precedents have affected
the ability of the United States Government to determine or prove that
an alien the United States Government believes to be connected to or
tied to terrorism is in fact so connected or tied, including--
(A) so-called `imputed political opinion';
(B) judicial review, reversal, or both of the credibility determinations of immigration judges; and
(C) the need to use classified information in
removal proceedings against aliens suspected of connections or ties to
terrorism.
(7) The likelihood that an alien connected to or with ties to terrorism has been granted asylum or withholding of removal.
(8) The likelihood that an alien connected to or with
ties to terrorism has used the United States asylum system to enter or
remain in the United States in order to plan, conspire, or carry out,
or attempt to plan, conspire, or carry out, an act of terrorism.
(c) CONSIDERATION AND ASSESSMENT- Solely for purposes of
conducting the study under subsection (a), the Comptroller General
shall consider the possibility, and assess the likelihood, that an
alien whom the United States Government accuses or has accused of
having a connection to or ties to terrorism is in fact connected to or
tied to terrorism, notwithstanding any administrative or judicial
determination to the contrary.
(d) SCOPE- In conducting the study under subsection (a),
the Comptroller General shall seek information from the Department of
Homeland Security, the Federal Bureau of Investigation, the Central
Intelligence Agency, the Department of Justice, foreign governments,
experts in the field of alien terrorists, and any other appropriate
source.
(1) IN GENERAL- Notwithstanding section 208.6 of title
8, Code of Federal Regulations, the Comptroller General shall, for
purposes of the study under subsection (a), have access to the
applications and administrative and judicial records of alien
applicants for asylum and withholding of removal. Except for purposes
of preparing the reports under subsection (f), such information shall
not be further disclosed or disseminated, nor shall the names or
personal identifying information of any applicant be released.
(2) SECURITY OF RECORDS- The Comptroller General shall
ensure that records received pursuant to this section are appropriately
secured to prevent their inadvertent disclosure.
(1) IN GENERAL- Not later than 270 days after the date
of the enactment of this Act, the Comptroller General shall submit to
the appropriate committees of Congress and the Secretary of Homeland
Security a report on the findings and recommendations of the
Comptroller General under the study under subsection (a).
(2) ELEMENTS- The report under paragraph (1) shall include the following:
(A) The assessment of the Comptroller General on each matter specified in subsection (b).
(B) Any recommendations of the Comptroller General
for such administrative action on any matter specified in subsection
(a) as the Comptroller General considers necessary to better protect
the national security of the United States.
(C) Any recommendations of the Comptroller General
for such legislative action on any matter specified in subsection (a)
as the Comptroller General considers necessary to better protect the
national security of the United States.
(3) FORM- If necessary, the Comptroller General may
submit a classified and unclassified version of the report under
paragraph (1).
(g) APPROPRIATE COMMITTEES OF CONGRESS DEFINED- In this section, the term `appropriate committees of Congress' means--
(1) the Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on the Judiciary and the Permanent Select Committee on Intelligence of the House of Representatives.
Subtitle E--Treatment of Aliens Who Commit Acts of Torture, Extrajudicial Killings, or Other Atrocities Abroad
SEC. 5501. INADMISSIBILITY AND DEPORTABILITY OF ALIENS WHO HAVE COMMITTED ACTS OF TORTURE OR EXTRAJUDICIAL KILLINGS ABROAD.
(a) INADMISSIBILITY- Section 212(a)(3)(E) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(E)) is amended--
(1) in clause (ii), by striking `has engaged in conduct
that is defined as genocide for purposes of the International
Convention on the Prevention and Punishment of Genocide is
inadmissible' and inserting `ordered, incited, assisted, or otherwise
participated in conduct outside the United States that would, if
committed in the United States or by a United States national, be
genocide, as defined in section 1091(a) of title 18, United States
Code, is inadmissible';
(2) by adding at the end the following:
`(iii) COMMISSION OF ACTS OF TORTURE OR
EXTRAJUDICIAL KILLINGS- Any alien who, outside the United States, has
committed, ordered, incited, assisted, or otherwise participated in the
commission of--
`(I) any act of torture, as defined in section 2340 of title 18, United States Code; or
`(II) under color of law of any foreign
nation, any extrajudicial killing, as defined in section 3(a) of the
Torture Victim Protection Act of 1991 (28 U.S.C. 1350 note),
(3) in the subparagraph heading, by striking
`PARTICIPANTS IN NAZI PERSECUTION OR GENOCIDE' and inserting
`PARTICIPANTS IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY
ACT OF TORTURE OR EXTRAJUDICIAL KILLING'.
(b) DEPORTABILITY- Section 237(a)(4)(D) of such Act (8 U.S.C. 1227(a)(4)(D)) is amended--
(1) by striking `clause (i) or (ii)' and inserting `clause (i), (ii), or (iii)'; and
(2) in the subparagraph heading, by striking `ASSISTED
IN NAZI PERSECUTION OR ENGAGED IN GENOCIDE' and inserting `PARTICIPATED
IN NAZI PERSECUTION, GENOCIDE, OR THE COMMISSION OF ANY ACT OF TORTURE
OR EXTRAJUDICIAL KILLING'.
(c) EFFECTIVE DATE- The amendments made by this section
shall apply to offenses committed before, on, or after the date of
enactment of this Act.
SEC. 5502. INADMISSIBILITY AND DEPORTABILITY OF FOREIGN GOVERNMENT
OFFICIALS WHO HAVE COMMITTED PARTICULARLY SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
(a) GROUND OF INADMISSIBILITY- Section 212(a)(2)(G) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(2)(G)) is amended
to read as follows:
`(G) FOREIGN GOVERNMENT OFFICIALS WHO HAVE
COMMITTED PARTICULARLY SEVERE VIOLATIONS OF RELIGIOUS FREEDOM- Any
alien who, while serving as a foreign government official, was
responsible for or directly carried out, at any time, particularly
severe violations of religious freedom, as defined in section 3 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6402), is
inadmissible.'.
(b) GROUND OF DEPORTABILITY- Section 237(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1227(a)(4)) is amended by
adding at the end the following:
`(E) PARTICIPATED IN THE COMMISSION OF SEVERE
VIOLATIONS OF RELIGIOUS FREEDOM- Any alien described in section
212(a)(2)(G) is deportable.'.
SEC. 5503. WAIVER OF INADMISSIBILITY.
Section 212(d)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(d)(3)) is amended--
(1) in subparagraph (A), by striking `and 3(E)' and inserting `and clauses (i) and (ii) of paragraph (3)(E)'; and
(2) in subparagraph (B), by striking `and 3(E)' and inserting `and clauses (i) and (ii) of paragraph (3)(E)'.
SEC. 5504. BAR TO GOOD MORAL CHARACTER FOR ALIENS WHO HAVE COMMITTED
ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR SEVERE VIOLATIONS OF
RELIGIOUS FREEDOM.
Section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)) is amended--
(1) by striking the period at the end of paragraph (8) and inserting `; or'; and
(2) by adding at the end the following:
`(9) one who at any time has engaged in conduct
described in section 212(a)(3)(E) (relating to assistance in Nazi
persecution, participation in genocide, or commission of acts of
torture or extrajudicial killings) or 212(a)(2)(G) (relating to severe
violations of religious freedom).'.
SEC. 5505. ESTABLISHMENT OF THE OFFICE OF SPECIAL INVESTIGATIONS.
(a) AMENDMENT OF THE IMMIGRATION AND NATIONALITY ACT-
Section 103 of the Immigration and Nationality Act (8 U.S.C. 1103) is
amended by adding at the end the following:
`(h)(1) The Attorney General shall establish within the
Criminal Division of the Department of Justice an Office of Special
Investigations with the authority to detect and investigate, and, where
appropriate, to take legal action to denaturalize any alien described
in section 212(a)(3)(E).
`(2) The Attorney General shall consult with the Secretary
of Homeland Security in making determinations concerning the criminal
prosecution or extradition of aliens described in section 212(a)(3)(E).
`(3) In determining the appropriate legal action to take
against an alien described in section 212(a)(3)(E), consideration shall
be given to--
`(A) the availability of criminal prosecution under the
laws of the United States for any conduct that may form the basis for
removal and denaturalization; or
`(B) the availability of extradition of the alien to a
foreign jurisdiction that is prepared to undertake a prosecution for
such conduct.'.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated
to the Department of Justice such sums as may be necessary to carry out
the additional duties established under section 103(h) of the
Immigration and Nationality Act (as added by this subtitle) in order to
ensure that the Office of Special Investigations fulfills its
continuing obligations regarding Nazi war criminals.
(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to paragraph (1) are authorized to remain available until expended.
SEC. 5506. REPORT ON IMPLEMENTATION.
Not later than 180 days after the date of enactment of this
Act, the Attorney General, in consultation with the Secretary of
Homeland Security, shall submit to the Committees on the Judiciary of
the Senate and the House of Representatives a report on implementation
of this subtitle that includes a description of--
(1) the procedures used to refer matters to the Office
of Special Investigations and other components within the Department of
Justice and the Department of Homeland Security in a manner consistent
with the amendments made by this subtitle;
(2) the revisions, if any, made to immigration forms to
reflect changes in the Immigration and Nationality Act made by the
amendments contained in this subtitle; and
(3) the procedures developed, with adequate due process
protection, to obtain sufficient evidence to determine whether an alien
may be inadmissible under the terms of the amendments made by this
subtitle.
TITLE VI--TERRORISM PREVENTION
Subtitle A--Individual Terrorists as Agents of Foreign Powers
SEC. 6001. INDIVIDUAL TERRORISTS AS AGENTS OF FOREIGN POWERS.
(a) IN GENERAL- Section 101(b)(1) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(1)) is amended
by adding at the end the following new subparagraph:
`(C) engages in international terrorism or activities in preparation therefore; or'.
(b) SUNSET- The amendment made by subsection (a) shall be
subject to the sunset provision in section 224 of Public Law 107-56
(115 Stat. 295), including the exception provided in subsection (b) of
such section 224.
SEC. 6002. ADDITIONAL SEMIANNUAL REPORTING REQUIREMENTS UNDER THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978.
(a) ADDITIONAL REPORTING REQUIREMENTS- The Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) is amended--
(A) title VI as title VII; and
(B) section 601 as section 701; and
(2) by inserting after title V the following new title:
`TITLE VI--REPORTING REQUIREMENT
`SEC. 601. SEMIANNUAL REPORT OF THE ATTORNEY GENERAL.
`(a) REPORT- On a semiannual basis, the Attorney General
shall submit to the Permanent Select Committee on Intelligence of the
House of Representatives, the Select Committee on Intelligence of the
Senate, and the Committees on the Judiciary of the House of
Representatives and the Senate, in a manner consistent with the
protection of the national security, a report setting forth with
respect to the preceding 6-month period--
`(1) the aggregate number of persons targeted for orders issued under this Act, including a breakdown of those targeted for--
`(A) electronic surveillance under section 105;
`(B) physical searches under section 304;
`(C) pen registers under section 402; and
`(D) access to records under section 501;
`(2) the number of individuals covered by an order issued pursuant to section 101(b)(1)(C);
`(3) the number of times that the Attorney General has
authorized that information obtained under this Act may be used in a
criminal proceeding or any information derived therefrom may be used in
a criminal proceeding;
`(4) a summary of significant legal interpretations of
this Act involving matters before the Foreign Intelligence Surveillance
Court or the Foreign Intelligence Surveillance Court of Review,
including interpretations presented in applications or pleadings filed
with the Foreign Intelligence Surveillance Court or the Foreign
Intelligence Surveillance Court of Review by the Department of Justice;
and
`(5) copies of all decisions (not including orders) or
opinions of the Foreign Intelligence Surveillance Court or Foreign
Intelligence Surveillance Court of Review that include significant
construction or interpretation of the provisions of this Act.
`(b) FREQUENCY- The first report under this section shall
be submitted not later than 6 months after the date of enactment of
this section. Subsequent reports under this section shall be submitted
semi-annually thereafter.'.
(b) CLERICAL AMENDMENT- The table of contents for the
Foreign Intelligence Act of 1978 (50 U.S.C. 1801 et seq.) is amended by
striking the items relating to title VI and inserting the following new
items:
`TITLE VI--REPORTING REQUIREMENT
`Sec. 601. Semiannual report of the Attorney General.
`TITLE VII--EFFECTIVE DATE
`Sec. 701. Effective date.'.
Subtitle B--Money Laundering and Terrorist Financing
SEC. 6101. ADDITIONAL AUTHORIZATION FOR FINCEN.
Subsection (d) of section 310 of title 31, United States Code, is amended--
(1) by striking `APPROPRIATIONS- There are authorized' and inserting `APPROPRIATIONS-
`(1) IN GENERAL- There are authorized'; and
(2) by adding at the end the following new paragraph:
`(2) AUTHORIZATION FOR FUNDING KEY TECHNOLOGICAL
IMPROVEMENTS IN MISSION-CRITICAL FINCEN SYSTEMS- There are authorized
to be appropriated for fiscal year 2005 the following amounts, which
are authorized to remain available until expended:
`(A) BSA DIRECT- For technological improvements to
provide authorized law enforcement and financial regulatory agencies
with Web-based access to FinCEN data, to fully develop and implement
the highly secure network required under section 362 of Public Law
107-56 to expedite the filing of, and reduce the filing costs for,
financial institution reports, including suspicious activity reports,
collected by FinCEN under chapter 53 and related provisions of law, and
enable FinCEN to immediately alert financial institutions about
suspicious activities that warrant immediate and enhanced scrutiny, and
to provide and upgrade advanced information-sharing technologies to
materially improve the Government's ability to exploit the information
in the FinCEN data banks, $16,500,000.
`(B) ADVANCED ANALYTICAL TECHNOLOGIES- To provide
advanced analytical tools needed to ensure that the data collected by
FinCEN under chapter 53 and related provisions of law are utilized
fully and appropriately in safeguarding financial institutions and
supporting the war on terrorism, $5,000,000.
`(C) DATA NETWORKING MODERNIZATION- To improve the
telecommunications infrastructure to support the improved capabilities
of the FinCEN systems, $3,000,000.
`(D) ENHANCED COMPLIANCE CAPABILITY- To improve the effectiveness of the Office of Compliance in FinCEN, $3,000,000.
`(E) DETECTION AND PREVENTION OF FINANCIAL CRIMES
AND TERRORISM- To provide development of, and training in the use of,
technology to detect and prevent financial crimes and terrorism within
and without the United States, $8,000,000.'.
SEC. 6102. MONEY LAUNDERING AND FINANCIAL CRIMES STRATEGY REAUTHORIZATION.
(a) PROGRAM- Section 5341(a)(2) of title 31, United States Code, is amended--
(1) by striking `February 1' and inserting `August 1'; and
(2) by striking `and 2003,' and inserting `2003, 2005, and 2007,'.
(b) REAUTHORIZATION OF APPROPRIATIONS- Section 5355 of
title 31, United States Code, is amended by adding at the end the
following:
`2004
$15,000,000.
`2005
$15,000,000.'.
Subtitle C--Money Laundering Abatement and Financial Antiterrorism Technical Corrections
SEC. 6201. SHORT TITLE.
This subtitle may be cited as the `International Money
Laundering Abatement and Financial Antiterrorism Technical Corrections
Act of 2004'.
SEC. 6202. TECHNICAL CORRECTIONS TO PUBLIC LAW 107-56.
(a) The heading of title III of Public Law 107-56 is amended to read as follows:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'.
(b) The table of contents for Public Law 107-56 is amended
by striking the item relating to title III and inserting the following:
`TITLE III--INTERNATIONAL MONEY LAUNDERING ABATEMENT AND FINANCIAL ANTITERRORISM ACT OF 2001'.
(c) Section 302 of Public Law 107-56 is amended--
(1) in subsection (a)(4), by striking the comma after `movement of criminal funds';
(2) in subsection (b)(7), by inserting `or types of accounts' after `classes of international transactions'; and
(3) in subsection (b)(10), by striking `subchapters II and III' and inserting `subchapter II'.
(d) Section 303(a) of Public Law 107-56 is amended by
striking `Anti-Terrorist Financing Act' and inserting `Financial
Antiterrorism Act'.
(e) The heading for section 311 of Public Law 107-56 is
amended by striking `or international transactions' and inserting
`international transactions, or types of accounts'.
(f) Section 314 of Public Law 107-56 is amended--
(A) by inserting a comma after `organizations engaged in'; and
(B) by inserting a comma after `credible evidence of engaging in';
(2) in paragraph (2)(A)--
(A) by striking `and' after `nongovernmental organizations,'; and
(B) by inserting a comma after `unwittingly involved in such finances';
(3) in paragraph (3)(A)--
(A) by striking `to monitor accounts of' and inserting `monitor accounts of,'; and
(B) by striking the comma after `organizations identified'; and
(4) in paragraph (3)(B), by inserting `financial' after `size, and nature of the'.
(g) Section 321(a) of Public Law 107-56 is amended by striking `5312(2)' and inserting `5312(a)(2)'.
(h) Section 325 of Public Law 107-56 is amended by striking
`as amended by section 202 of this title,' and inserting `as amended by
section 352,'.
(i) Subsections (a)(2) and (b)(2) of section 327 of Public
Law 107-56 are each amended by striking `2001' and all that follows and
inserting a period.
(j) Section 356(c)(4) of Public Law 107-56 is amended by
striking `or business or other grantor trust' and inserting `, business
trust, or other grantor trust'.
(k) Section 358(e) of Public Law 107-56 is amended--
(1) by striking `Section 123(a)' and inserting `That portion of section 123(a)';
(2) by striking `is amended to read' and inserting `that precedes paragraph (1) of such section is amended to read'; and
(3) in the amendment made in that subsection (e), by striking `person.' and inserting the following: `person--'.
(l) Section 360 of Public Law 107-56 is amended--
(1) in subsection (a), by inserting `the' after `utilization of the funds of'; and
(2) in subsection (b), by striking `at such institutions' and inserting `at such institution'.
(m) Section 362(a)(1) of Public Law 107-56 is amended by striking `subchapter II or III' and inserting `subchapter II'.
(n) Section 365 of Public Law 107-56 is amended--
(1) by redesignating the second of the 2 subsections
designated as subsection (c) (relating to a clerical amendment) as
subsection (d); and
(2) by redesignating subsection (f) as subsection (e).
(o) Section 365(d) of Public Law 107-56 (as so redesignated
by subsection (n) of this section) is amended by striking `section 5332
(as added by section 112 of this title)' and inserting `section 5330'.
SEC. 6203. TECHNICAL CORRECTIONS TO OTHER PROVISIONS OF LAW.
(a) Section 310(c) of title 31, United States Code, is
amended by striking `the Network' each place such term appears and
inserting `FinCEN'.
(b) Section 5312(a)(3)(C) of title 31, United States Code,
is amended by striking `sections 5333 and 5316' and inserting `sections
5316 and 5331'.
(c) Section 5318(i) of title 31, United States Code, is amended--
(1) in paragraph (3)(B), by inserting a comma after `foreign political figure' the second place such term appears; and
(2) in the heading of paragraph (4), by striking `DEFINITION' and inserting `DEFINITIONS'.
(d) Section 5318(k)(1)(B) of title 31, United States Code,
is amended by striking `section 5318A(f)(1)(B)' and inserting `section
5318A(e)(1)(B)'.
(e) The heading for section 5318A of title 31, United States Code, is amended to read as follows:
`Sec. 5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types of accounts of
primary money laundering concern'.
(f) Section 5318A of title 31, United States Code, is amended--
(1) in subsection (a)(4)(A), by striking `, as defined
in section 3 of the Federal Deposit Insurance Act,' and inserting `(as
defined in section 3 of the Federal Deposit Insurance Act)';
(2) in subsection (a)(4)(B)(iii), by striking `or class
of transactions' and inserting `class of transactions, or type of
account';
(3) in subsection (b)(1)(A), by striking `or class of
transactions to be' and inserting `class of transactions, or type of
account to be'; and
(4) in subsection (e)(3), by inserting `or subsection
(i) or (j) of section 5318' after `identification of individuals under
this section'.
(g) Section 5324(b) of title 31, United States Code, is
amended by striking `5333' each place such term appears and inserting
`5331'.
(h) Section 5332 of title 31, United States Code, is amended--
(1) in subsection (b)(2), by striking `, subject to subsection (d) of this section'; and
(2) in subsection (c)(1), by striking `, subject to subsection (d) of this section,'.
(i) The table of sections for subchapter II of chapter 53
of title 31, United States Code, is amended by striking the item
relating to section 5318A and inserting the following:
`5318A. Special measures for jurisdictions, financial
institutions, international transactions, or types of accounts of
primary money laundering concern.'.
(j) Section 18(w)(3) of the Federal Deposit Insurance Act
(12 U.S.C. 1828(w)(3)) is amended by inserting a comma after `agent of
such institution'.
(k) Section 21(a)(2) of the Federal Deposit Insurance Act
(12 U.S.C. 1829b(a)(2)) is amended by striking `recognizes that' and
inserting `recognizing that'.
(l) Section 626(e) of the Fair Credit Reporting Act (15
U.S.C. 1681v(e)) is amended by striking `governmental agency' and
inserting `government agency'.
SEC. 6204. REPEAL OF REVIEW.
Title III of Public Law 107-56 is amended by striking section 303 (31 U.S.C. 5311 note).
SEC. 6205. EFFECTIVE DATE.
The amendments made by this subchapter to Public Law
107-56, the United States Code, the Federal Deposit Insurance Act, and
any other provision of law shall take effect as if such amendments had
been included in Public Law 107-56, as of the date of enactment of such
Public Law, and no amendment made by such Public Law that is
inconsistent with an amendment made by this subchapter shall be deemed
to have taken effect.
Subtitle D--Additional Enforcement Tools
SEC. 6301. BUREAU OF ENGRAVING AND PRINTING SECURITY PRINTING.
(a) PRODUCTION OF DOCUMENTS- Section 5114(a) of title
31, United States Code (relating to engraving and printing currency and
security documents), is amended--
(1) by striking `(a) The Secretary of the Treasury' and inserting:
`(a) AUTHORITY TO ENGRAVE AND PRINT-
`(1) IN GENERAL- The Secretary of the Treasury'; and
(2) by adding at the end the following new paragraphs:
`(2) ENGRAVING AND PRINTING FOR OTHER GOVERNMENTS- The
Secretary of the Treasury may produce currency, postage stamps, and
other security documents for foreign governments if--
`(A) the Secretary of the Treasury determines that
such production will not interfere with engraving and printing needs of
the United States; and
`(B) the Secretary of State determines that such production would be consistent with the foreign policy of the United States.
`(3) PROCUREMENT GUIDELINES- Articles, material, and
supplies procured for use in the production of currency, postage
stamps, and other security documents for foreign governments pursuant
to paragraph (2) shall be treated in the same manner as articles,
material, and supplies procured for public use within the United States
for purposes of title III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.; commonly referred to as the Buy American Act).'.
(b) REIMBURSEMENT- Section 5143 of title 31, United States
Code (relating to payment for services of the Bureau of Engraving and
Printing), is amended--
(1) in the first sentence, by inserting `or to a foreign government under section 5114' after `agency';
(2) in the second sentence, by inserting `and other' after `including administrative'; and
(3) in the last sentence, by inserting `, and the
Secretary shall take such action, in coordination with the Secretary of
State, as may be appropriate to ensure prompt payment by a foreign
government of any invoice or statement of account submitted by the
Secretary with respect to services rendered under section 5114' before
the period at the end.
SEC. 6302. REPORTING OF CERTAIN CROSS-BORDER TRANSMITTAL OF FUNDS.
Section 5318 of title 31, United States Code, is amended by adding at the end the following new subsection:
`(n) Reporting of Certain Cross-Border Transmittals of Funds-
`(1) IN GENERAL- Subject to paragraphs (3) and (4), the
Secretary shall prescribe regulations requiring such financial
institutions as the Secretary determines to be appropriate to report to
the Financial Crimes Enforcement Network certain cross-border
electronic transmittals of funds, if the Secretary determines that
reporting of such transmittals is reasonably necessary to conduct the
efforts of the Secretary against money laundering and terrorist
financing.
`(2) LIMITATION ON REPORTING REQUIREMENTS- Information
required to be reported by the regulations prescribed under paragraph
(1) shall not exceed the information required to be retained by the
reporting financial institution pursuant to section 21 of the Federal
Deposit Insurance Act and the regulations promulgated thereunder,
unless--
`(A) the Board of Governors of the Federal Reserve
System and the Secretary jointly determine that a particular item or
items of information are not currently required to be retained under
such section or such regulations; and
`(B) the Secretary determines, after consultation
with the Board of Governors of the Federal Reserve System, that the
reporting of such information is reasonably necessary to conduct the
efforts of the Secretary to identify cross-border money laundering and
terrorist financing.
`(3) FORM AND MANNER OF REPORTS- In prescribing the
regulations required under paragraph (1), the Secretary shall, subject
to paragraph (2), determine the appropriate form, manner, content, and
frequency of filing of the required reports.
`(A) IN GENERAL- Before prescribing the regulations
required under paragraph (1), and as soon as is practicable after the
date of enactment of the National Intelligence Reform Act of 2004, the
Secretary shall submit a report to the Committee on Banking, Housing,
and Urban Affairs of the Senate and the Committee on Financial Services
of the House of Representatives that--
`(i) identifies the information in cross-border
electronic transmittals of funds that may be found in particular cases
to be reasonably necessary to conduct the efforts of the Secretary to
identify money laundering and terrorist financing, and outlines the
criteria to be used by the Secretary to select the situations in which
reporting under this subsection may be required;
`(ii) outlines the appropriate form, manner,
content, and frequency of filing of the reports that may be required
under such regulations;
`(iii) identifies the technology necessary for
the Financial Crimes Enforcement Network to receive, keep, exploit,
protect the security of, and disseminate information from reports of
cross-border electronic transmittals of funds to law enforcement and
other entities engaged in efforts against money laundering and
terrorist financing; and
`(iv) discusses the information security
protections required by the exercise of the Secretary's authority under
this subsection.
`(B) CONSULTATION- In reporting the feasibility
report under subparagraph (A), the Secretary may consult with the Bank
Secrecy Act Advisory Group established by the Secretary, and any other
group considered by the Secretary to be relevant.
`(A) IN GENERAL- Subject to subparagraph (B), the
regulations required by paragraph (1) shall be prescribed in final form
by the Secretary, in consultation with the Board of Governors of the
Federal Reserve System, before the end of the 3-year period beginning
on the date of enactment of the National Intelligence Reform Act of
2004.
`(B) TECHNOLOGICAL FEASIBILITY- No regulations
shall be prescribed under this subsection before the Secretary
certifies to the Congress that the Financial Crimes Enforcement Network
has the technological systems in place to effectively and efficiently
receive, keep, exploit, protect the security of, and disseminate
information from reports of cross-border electronic transmittals of
funds to law enforcement and other entities engaged in efforts against
money laundering and terrorist financing.'.
SEC. 6303. TERRORISM FINANCING.
(a) REPORT ON TERRORIST FINANCING-
(1) IN GENERAL- Not later than 270 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, 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 paragraph (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 PENALTY- 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. Any administrative
proceeding under this clause shall be conducted in accordance with
section 8(i). 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.
`(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.
`(4) WAIVER- 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
paragraph (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 PENALTY- 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. Any administrative proceeding under this
clause shall be conducted in accordance with subsection (k). In lieu of
an action by the Board under this clause, the Attorney General of the
United States may bring a civil action under this clause in the
appropriate United States district court.
`(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 any other effective
date established pursuant to this Act, 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.
Subtitle E--Criminal History Background Checks
SEC. 6401. PROTECT ACT.
Public Law 108-21 is amended--
(1) in section 108(a)(2)(A) by striking `an 18 month' and inserting `a 30-month'; and
(2) in section 108(a)(3)(A) by striking `an 18-month' and inserting `a 30-month'.
SEC. 6402. REVIEWS OF CRIMINAL RECORDS OF APPLICANTS FOR PRIVATE SECURITY OFFICER EMPLOYMENT.
(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 helping to
reduce and prevent crime;
(3) such private security officers protect individuals,
property, and proprietary information, and provide protection to such
diverse operations as banks, hospitals, research and development
centers, manufacturing facilities, defense and aerospace contractors,
high technology businesses, nuclear power plants, chemical companies,
oil and gas refineries, airports, communication facilities and
operations, office complexes, schools, residential properties,
apartment complexes, gated communities, and others;
(4) sworn law enforcement officers provide significant
services to the citizens of the United States in its public areas, and
are supplemented by private security officers;
(5) the threat of additional terrorist attacks requires
cooperation between public and private sectors and demands
professional, reliable, and responsible security officers for the
protection of people, facilities, and institutions;
(6) the trend in the Nation toward growth in such security services has accelerated rapidly;
(7) such growth makes available more public sector law
enforcement officers to combat serious and violent crimes, including
terrorism;
(8) the American public deserves the employment of
qualified, well-trained private security personnel as an adjunct to
sworn law enforcement officers; and
(9) 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 Act 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 Act.
(i) PERMISSION- An authorized employer shall
obtain written consent from an employee to submit to the State
identification bureau of the participating State the request to search
the criminal history record information of the employee under this Act.
(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
Act.
(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
Act, 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 Act 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 Act,
including--
(A) measures relating to the security,
confidentiality, accuracy, use, submission, dissemination, destruction
of information and audits, and record keeping;
(B) standards for qualification as an authorized employer; and
(C) the imposition of reasonable fees necessary for conducting the background checks.
(3) CRIMINAL PENALTIES FOR USE OF INFORMATION- Whoever
knowingly and intentionally uses any information obtained pursuant to
this Act 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 Act; 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 Act 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 Act.
(5) STATE OPT OUT- A State may decline to participate
in the background check system authorized by this Act 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
subsection.
SEC. 6403. CRIMINAL HISTORY BACKGROUND CHECKS.
(a) In General- Not later than 180 days after the date
of enactment of this Act, the Attorney General shall report to the
Judiciary Committee of the Senate and the Judiciary Committee of the
House of Representatives regarding all statutory requirements for
criminal history record checks that are required to be conducted by the
Department of Justice or any of its components.
(b) DEFINITIONS- As used in this section--
(1) the terms `criminal history information' and `criminal history records' include--
(A) an identifying description of the individual to whom the information or records pertain;
(B) notations of arrests, detentions, indictments, or other formal criminal charges pertaining to such individual; and
(C) any disposition to a notation described in
subparagraph (B), including acquittal, sentencing, correctional
supervision, or release; and
(2) the term `IAFIS' means the Integrated Automated
Fingerprint Identification System of the Federal Bureau of Allocation,
which serves as the national depository for fingerprint, biometric, and
criminal history information, through which fingerprints are processed
electronically.
(c) IDENTIFICATION OF INFORMATION- The Attorney General shall identify--
(1) the number of criminal history record checks requested, including the type of information requested;
(2) the usage of different terms and definitions regarding criminal history information; and
(3) the variation in fees charged for such information and who pays such fees.
(d) RECOMMENDATIONS- The Attorney General shall make
recommendations to Congress for improving, standardizing, and
consolidating the existing statutory authorization, programs, and
procedures for the conduct of criminal history record checks for
non-criminal justice purposes. In making these recommendations to
Congress, the Attorney General shall consider--
(1) the effectiveness and efficiency of utilizing
commercially available databases as a supplement to IAFIS criminal
history information checks;
(2) any security concerns created by the existence of
these commercially available databases concerning their ability to
provide sensitive information that is not readily available about law
enforcement or intelligence officials, including their identity,
residence, and financial status;
(3) the effectiveness of utilizing State databases;
(4) any feasibility studies by the Department of
Justice of the resources and structure of the Federal Bureau of
Investigation to establish a system to provide criminal history
information;
(5) privacy rights and other employee protections, including--
(B) access to the records used if employment was denied;
(C) the disposition of the fingerprint submissions after the records are searched;
(D) an appeal mechanism; and
(E) penalties for misuse of the information;
(6) the scope and means of processing background checks
for private employers utilizing data maintained by the Federal Bureau
of Investigation that the Attorney General should be allowed to
authorize in cases where the authority for such checks is not available
at the State level;
(7) any restrictions that should be placed on the
ability of an employer to charge an employee or prospective employee
for the cost associated with the background check;
(8) which requirements should apply to the handling of incomplete records;
(9) the circumstances under which the criminal history information should be disseminated to the employer;
(10) the type of restrictions that should be prescribed for the handling of criminal history information by an employer;
(11) the range of Federal and State fees that might apply to such background check requests;
(12) any requirements that should be imposed concerning the time for responding to such background check requests;
(13) any infrastructure that may need to be developed to support the processing of such checks, including--
(A) the means by which information is collected and submitted in support of the checks; and
(B) the system capacity needed to process such checks at the Federal and State level;
(14) the role that States should play; and
(15) any other factors that the Attorney General determines to be relevant to the subject of the report.
(e) CONSULTATION- In developing the report under this
section, the Attorney General shall consult with representatives of
State criminal history record repositories, the National Crime
Prevention and Privacy Compact Council, appropriate representatives of
private industry, and representatives of labor, as determined
appropriate by the Attorney General.
Subtitle F--Grand Jury Information Sharing
SEC. 6501. GRAND JURY INFORMATION SHARING.
(a) Rule Amendments- Rule 6(e) of the Federal Rules of Criminal Procedure is amended--
(A) in subparagraph (A)(ii), by striking `or state
subdivision or of an Indian tribe' and inserting `, state subdivision,
Indian tribe, or foreign government';
(B) in subparagraph (D)--
(i) by inserting after the first sentence the
following: `An attorney for the government may also disclose any grand
jury matter involving, within the United States or elsewhere, a threat
of attack or other grave hostile acts of a foreign power or its agent,
a threat of domestic or international sabotage or terrorism, or
clandestine intelligence gathering activities by an intelligence
service or network of a foreign power or by its agent, to any
appropriate Federal, State, State subdivision, Indian tribal, or
foreign government official, for the purpose of preventing or
responding to such threat or activities.'; and
(I) by striking `federal'; and
(II) by adding at the end the following:
`Any State, State subdivision, Indian tribal, or foreign government
official who receives information under Rule 6(e)(3)(D) may use the
information only consistent with such guidelines as the Attorney
General and the Director of National Intelligence shall jointly
issue.'; and
(C) in subparagraph (E)--
(i) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively;
(ii) by inserting after clause (ii) the following:
`(iii) at the request of the government, when
sought by a foreign court or prosecutor for use in an official criminal
investigation;'; and
(iii) in clause (iv), as redesignated--
(I) by striking `state or Indian tribal' and inserting `State, Indian tribal, or foreign'; and
(II) by striking `or Indian tribal official' and inserting `Indian tribal, or foreign government official'; and
(2) in paragraph (7), by inserting `, or of guidelines
jointly issued by the Attorney General and the Director of National
Intelligence pursuant to Rule 6,' after `Rule 6'.
(b) Conforming Amendment- Section 203(c) of Public Law
107-56 (18 U.S.C. 2517 note) is amended by striking `Rule
6(e)(3)(C)(i)(V) and (VI)' and inserting `Rule 6(e)(3)(D)'.
Subtitle G--Providing Material Support to Terrorism
SEC. 6601. SHORT TITLE.
This subtitle may be cited as the `Material Support to Terrorism Prohibition Enhancement Act of 2004'.
SEC. 6602. RECEIVING MILITARY-TYPE TRAINING FROM A FOREIGN TERRORIST ORGANIZATION.
Chapter 113B of title 18, United States Code, is amended by adding after section 2339C the following new section:
`Sec. 2339D. Receiving military-type training from a foreign terrorist organization
`(a) Offense- Whoever knowingly receives military-type
training from or on behalf of any organization designated at the time
of the training by the Secretary of State under section 219(a)(1) of
the Immigration and Nationality Act as a foreign terrorist organization
shall be fined under this title or imprisoned for ten years, or both.
To violate this subsection, a person must have knowledge that the
organization is a designated terrorist organization (as defined in
subsection (c)(4)), that the organization has engaged or engages in
terrorist activity (as defined in section 212 of the Immigration and
Nationality Act), or that the organization has engaged or engages in
terrorism (as defined in section 140(d)(2) of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989).
`(b) Extraterritorial Jurisdiction- There is
extraterritorial Federal jurisdiction over an offense under this
section. There is jurisdiction over an offense under subsection (a) if--
`(1) an offender is a national of the United States (as
defined in 101(a)(22) of the Immigration and Nationality Act) or an
alien lawfully admitted for permanent residence in the United States
(as defined in section 101(a)(20) of the Immigration and Nationality
Act);
`(2) an offender is a stateless person whose habitual residence is in the United States;
`(3) after the conduct required for the offense occurs
an offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States;
`(4) the offense occurs in whole or in part within the United States;
`(5) the offense occurs in or affects interstate or foreign commerce; or
`(6) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense under
subsection (a) or conspires with any person over whom jurisdiction
exists under this paragraph to commit an offense under subsection (a).
`(c) Definitions- As used in this section--
`(1) the term `military-type training' includes
training in means or methods that can cause death or serious bodily
injury, destroy or damage property, or disrupt services to critical
infrastructure, or training on the use, storage, production, or
assembly of any explosive, firearm or other weapon, including any
weapon of mass destruction (as defined in section 2232a(c)(2));
`(2) the term `serious bodily injury' has the meaning given that term in section 1365(h)(3);
`(3) the term `critical infrastructure' means systems
and assets vital to national defense, national security, economic
security, public health or safety including both regional and national
infrastructure. Critical infrastructure may be publicly or privately
owned; examples of critical infrastructure include gas and oil
production, storage, or delivery systems, water supply systems,
telecommunications networks, electrical power generation or delivery
systems, financing and banking systems, emergency services (including
medical, police, fire, and rescue services), and transportation systems
and services (including highways, mass transit, airlines, and
airports); and
`(4) the term `foreign terrorist organization' means an
organization designated as a terrorist organization under section
219(a)(1) of the Immigration and Nationality Act.'.
SEC. 6603. ADDITIONS TO OFFENSE OF PROVIDING MATERIAL SUPPORT TO TERRORISM.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended--
(1) in section 2332b(g)(5)(B)(i)--
(A) by inserting `1361 (relating to government property or contracts),' before `1362'; and
(B) by inserting `2156 (relating to national defense material, premises, or utilities),' before `2280'; and
(A) by striking `or' before `section 46502'; and
(B) by inserting `or any offense listed in section
2332b(g)(5)(B) (except for sections 2339A and 2339B)' after `section
60123(b) of title 49,'.
(b) Definitions- Section 2339A(b) of title 18, United States Code, is amended to read as follows:
`(b) DEFINITIONS- As used in this section--
`(1) the term `material support or resources' means any
property, tangible or intangible, or service, including currency or
monetary instruments or financial securities, financial services,
lodging, training, expert advice or assistance, safehouses, false
documentation or identification, communications equipment, facilities,
weapons, lethal substances, explosives, personnel (1 or more
individuals who may be or include oneself), and transportation, except
medicine or religious materials;
`(2) the term `training' means instruction or teaching
designed to impart a specific skill, as opposed to general knowledge;
and
`(3) the term `expert advice or assistance' means
advice or assistance derived from scientific, technical or other
specialized knowledge.'.
(c) Addition to Offense of Providing Material Support to
Terrorist Organizations- Section 2339B(a)(1) of title 18, United States
Code, is amended--
(1) by striking `, within the United States or subject to the jurisdiction of the United States,'; and
(2) by adding at the end the following: `To violate
this paragraph, a person must have knowledge that the organization is a
designated terrorist organization (as defined in subsection (g)(6)),
that the organization has engaged or engages in terrorist activity (as
defined in section 212(a)(3)(B) of the Immigration and Nationality
Act), or that the organization has engaged or engages in terrorism (as
defined in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989).'.
(d) Federal Authority- Section 2339B(d) of title 18 is amended by striking `There' and inserting the following:
`(1) IN GENERAL- There is jurisdiction over an offense under subsection (a) if--
`(A) an offender is a national of the United States (as
defined in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22))) or an alien lawfully admitted for permanent
residence in the United States (as defined in section 101(a)(20) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(20)));
`(B) an offender is a stateless person whose habitual residence is in the United States;
`(C) after the conduct required for the offense occurs
an offender is brought into or found in the United States, even if the
conduct required for the offense occurs outside the United States;
`(D) the offense occurs in whole or in part within the United States;
`(E) the offense occurs in or affects interstate or foreign commerce; or
`(F) an offender aids or abets any person over whom
jurisdiction exists under this paragraph in committing an offense under
subsection (a) or conspires with any person over whom jurisdiction
exists under this paragraph to commit an offense under subsection (a).'.
`(2) EXTRATERRITORIAL JURISDICTION- There'.
(e) Definition- Section 2339B(g)(4) of title 18, United States Code, is amended to read as follows:
`(4) the term `material support or resources' has the
same meaning given that term in section 2339A (including the
definitions of `training' and `expert advice or assistance' in that
section);'.
(f) Additional Provisions- Section 2339B of title 18, United States Code, is amended by adding at the end the following:
`(h) Provision of Personnel- No person may be prosecuted
under this section in connection with the term `personnel' unless that
person has knowingly provided, attempted to provide, or conspired to
provide a foreign terrorist organization with 1 or more individuals
(who may be or include himself) to work under that terrorist
organization's direction or control or to organize, manage, supervise,
or otherwise direct the operation of that organization. Individuals who
act entirely independently of the foreign terrorist organization to
advance its goals or objectives shall not be considered to be working
under the foreign terrorist organization's direction and control.
`(i) Rule of Construction- Nothing in this section shall be
construed or applied so as to abridge the exercise of rights guaranteed
under the First Amendment to the Constitution of the United States.
`(j) EXCEPTION- No person may be prosecuted under this
section in connection with the term `personnel', `training', or `expert
advice or assistance' if the provision of that material support or
resources to a foreign terrorist organization was approved by the
Secretary of State with the concurrence of the Attorney General. The
Secretary of State may not approve the provision of any material
support that may be used to carry out terrorist activity (as defined in
section 212(a)(3)(B)(iii) of the Immigration and Nationality Act).'.
(1) IN GENERAL- Except as provided in paragraph (2),
this section and the amendments made by this section shall cease to be
effective on December 31, 2006.
(2) EXCEPTION- This section and the amendments made by
this section shall continue in effect with respect to any particular
offense that--
(A) is prohibited by this section or amendments made by this section; and
(B) began or occurred before December 31, 2006.
SEC. 6604. FINANCING OF TERRORISM.
(a) Financing Terrorism- Section 2339c(c)(2) of title 18, United States Code, is amended--
(1) by striking `, resources, or funds' and inserting `or resources, or any funds or proceeds of such funds';
(2) in subparagraph (A), by striking `were provided'
and inserting `are to be provided, or knowing that the support or
resources were provided,'; and
(3) in subparagraph (B)--
(A) by striking `or any proceeds of such funds'; and
(B) by striking `were provided or collected' and
inserting `are to be provided or collected, or knowing that the funds
were provided or collected,'.
(b) Definitions- Section 2339c(e) of title 18, United States Code, is amended--
(1) by striking `and' at the end of paragraph (12);
(2) by redesignating paragraph (13) as paragraph (14); and
(3) by inserting after paragraph (12) the following:
`(13) the term `material support or resources' has the
same meaning given that term in section 2339B(g)(4) of this title; and'.
Subtitle H--Stop Terrorist and Military Hoaxes Act of 2004
SEC. 6701. SHORT TITLE.
This subtitle may be cited as the `Stop Terrorist and Military Hoaxes Act of 2004'.
SEC. 6702. HOAXES AND RECOVERY COSTS.
(a) Prohibition on Hoaxes- Chapter 47 of title 18, United
States Code, is amended by inserting after section 1037 the following:
`Sec. 1038. False information and hoaxes
`(1) IN GENERAL- Whoever engages in any conduct with
intent to convey false or misleading information under circumstances
where such information may reasonably be believed and where such
information indicates that an activity has taken, is taking, or will
take place that would constitute a violation of chapter 2, 10, 11B, 39,
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
section 46504, section 46505(b)(3) or (c), section 46506 if homicide or
attempted homicide is involved, or section 60123(b) of title 49, shall--
`(A) be fined under this title or imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, be fined under this title or imprisoned not more than 20 years, or both; and
`(C) if death results, be fined under this title or imprisoned for any number of years up to life, or both.
`(2) ARMED FORCES- Any person who makes a false
statement, with intent to convey false or misleading information, about
the death, injury, capture, or disappearance of a member of the Armed
Forces of the United States during a war or armed conflict in which the
United States is engaged--
`(A) shall be fined under this title, imprisoned not more than 5 years, or both;
`(B) if serious bodily injury results, shall be fined under this title, imprisoned not more than 20 years, or both; and
`(C) if death results, shall be fined under this title, imprisoned for any number of years or for life, or both.
`(b) Civil Action- Whoever engages in any conduct with
intent to convey false or misleading information under circumstances
where such information may reasonably be believed and where such
information indicates that an activity has taken, is taking, or will
take place that would constitute a violation of chapter 2, 10, 11B, 39,
40, 44, 111, or 113B of this title, section 236 of the Atomic Energy
Act of 1954 (42 U.S.C. 2284), or section 46502, the second sentence of
section 46504, section 46505 (b)(3) or (c), section 46506 if homicide
or attempted homicide is involved, or section 60123(b) of title 49 is
liable in a civil action to any party incurring expenses incident to
any emergency or investigative response to that conduct, for those
expenses.
`(1) IN GENERAL- The court, in imposing a sentence on a
defendant who has been convicted of an offense under subsection (a),
shall order the defendant to reimburse any state or local government,
or private not-for-profit organization that provides fire or rescue
service incurring expenses incident to any emergency or investigative
response to that conduct, for those expenses.
`(2) LIABILITY- A person ordered to make reimbursement
under this subsection shall be jointly and severally liable for such
expenses with each other person, if any, who is ordered to make
reimbursement under this subsection for the same expenses.
`(3) CIVIL JUDGMENT- An order of reimbursement under
this subsection shall, for the purposes of enforcement, be treated as a
civil judgment.
`(d) Activities of Law Enforcement- This section does not
prohibit any lawfully authorized investigative, protective, or
intelligence activity of a law enforcement agency of the United States,
a State, or political subdivision of a State, or of an intelligence
agency of the United States.'.
(b) Clerical Amendment- The table of sections as the
beginning of chapter 47 of title 18, United States Code, is amended by
adding after the item for section 1037 the following:
`1038. False information and hoaxes.'.
SEC. 6703. OBSTRUCTION OF JUSTICE AND FALSE STATEMENTS IN TERRORISM CASES.
(a) Enhanced Penalty- Section 1001(a) and the third
undesignated paragraph of section 1505 of title 18, United States Code,
are amended by striking `be fined under this title or imprisoned not
more than 5 years, or both' and inserting `be fined under this title,
imprisoned not more than 5 years or, if the offense involves
international or domestic terrorism (as defined in section 2331),
imprisoned not more than 8 years, or both'.
(b) Sentencing Guidelines- Not later than 30 days of the
enactment of this section, the United States Sentencing Commission
shall amend the Sentencing Guidelines to provide for an increased
offense level for an offense under sections 1001(a) and 1505 of title
18, United States Code, if the offense involves international or
domestic terrorism, as defined in section 2331 of such title.
SEC. 6704. CLARIFICATION OF DEFINITION.
Section 1958 of title 18, United States Code, is amended--
(1) in subsection (a), by striking `facility in' and inserting `facility of'; and
(2) in subsection (b)(2), by inserting `or foreign' after `interstate'.
Subtitle I--Weapons of Mass Destruction Prohibition Improvement Act of 2004
SEC. 6801. SHORT TITLE.
This subtitle may be cited as the `Weapons of Mass Destruction Prohibition Improvement Act of 2004'.
SEC. 6802. WEAPONS OF MASS DESTRUCTION.
(a) Expansion of Jurisdictional Bases and Scope- Section 2332a of title 18, United States Code, is amended--
(1) so that paragraph (2) of subsection (a) reads as follows:
`(2) against any person or property within the United States, and
`(A) the mail or any facility of interstate or foreign commerce is used in furtherance of the offense;
`(B) such property is used in interstate or foreign commerce or in an activity that affects interstate or foreign commerce;
`(C) any perpetrator travels in or causes another
to travel in interstate or foreign commerce in furtherance of the
offense; or
`(D) the offense, or the results of the offense,
affect interstate or foreign commerce, or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or foreign
commerce;';
(2) in paragraph (3) of subsection (a), by striking the comma at the end and inserting `; or';
(3) in subsection (a), by adding the following at the end:
`(4) against any property within the United States that is owned, leased, or used by a foreign government,';
(4) at the end of subsection (c)(1), by striking `and';
(5) in subsection (c)(2), by striking the period at the end and inserting `; and'; and
(6) in subsection (c), by adding at the end the following:
`(3) the term `property' includes all real and personal property.'.
(b) Restoration of the Coverage of Chemical Weapons-
Section 2332a of title 18, United States Code, as amended by subsection
(a), is further amended--
(1) in the section heading, by striking `certain';
(2) in subsection (a), by striking `(other than a chemical weapon as that term is defined in section 229F)'; and
(3) in subsection (b), by striking `(other than a chemical weapon (as that term is defined in section 229F))'.
(c) Expansion of Categories of Restricted Persons Subject
to Prohibitions Relating to Select Agents- Section 175b(d)(2) of title
18, United States Code, is amended--
(1) in subparagraph (G) by--
(A) inserting `(i)' after `(G)';
(B) inserting `, or (ii) acts for or on behalf of,
or operates subject to the direction or control of, a government or
official of a country described in this subparagraph' after
`terrorism'; and
(C) striking `or' after the semicolon.
(2) in subparagraph (H) by striking the period and inserting `; or'; and
(3) by adding at the end the following new subparagraph:
`(I) is a member of, acts for or on behalf of, or
operates subject to the direction or control of, a terrorist
organization as defined in section 212(a)(3)(B)(vi) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)(B)(vi)).'.
(d) Conforming Amendment to Regulations-
(1) Section 175b(a)(1) of title 18, United States Code,
is amended by striking `as a select agent in Appendix A' and all that
follows and inserting the following: `as a non-overlap or overlap
select biological agent or toxin in sections 73.4 and 73.5 of title 42,
Code of Federal Regulations, pursuant to section 351A of the Public
Health Service Act, and is not excluded under sections 73.4 and 73.5 or
exempted under section 73.6 of title 42, Code of Federal Regulations.'.
(2) The amendment made by paragraph (1) shall take
effect at the same time that sections 73.4, 73.5, and 73.6 of title 42,
Code of Federal Regulations, become effective.
(e) ENHANCING PROSECUTION OF WEAPONS OF MASS DESTRUCTION
OFFENSES- Section 1961(1)(B) of title 18, United States Code, is
amended by adding at the end the following: `sections 175-178 (relating
to biological weapons), sections 229-229F (relating to chemical
weapons), section 831 (relating to nuclear materials),'.
SEC. 6803. PARTICIPATION IN NUCLEAR AND WEAPONS OF MASS DESTRUCTION THREATS TO THE UNITED STATES.
(a) Section 57(b) of the Atomic Energy Act of 1954 (42
U.S.C. 2077(b)) is amended by striking `in the production of any
special nuclear material' and inserting `or participate in the
development or production of any special nuclear material'.
(b) Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended--
(1) by inserting `, inside or outside of the United States,' after `for any person'; and
(2) by inserting `participate in the development of,' after `interstate or foreign commerce,'.
(c) Title 18, United States Code, is amended--
(1) in the table of sections at the beginning of
chapter 39, by inserting after the item relating to section 831 the
following:
`832. Participation in nuclear and weapons of mass destruction threats to the United States.';
(2) by inserting after section 831 the following:
`Sec. 832. Participation in nuclear and weapons of mass destruction threats to the United States
`(a) Whoever, within the United States or subject to the
jurisdiction of the United States, willfully participates in or
knowingly provides material support or resources (as defined in section
2339A) to a nuclear weapons program or other weapons of mass
destruction program of a foreign terrorist power, or attempts or
conspires to do so, shall be imprisoned for not more than 20 years.
`(b) There is extraterritorial Federal jurisdiction over an offense under this section.
`(c) Whoever without lawful authority develops, possesses,
or attempts or conspires to develop or possess a radiological weapon,
or threatens to use or uses a radiological weapon against any person
within the United States, or a national of the United States while such
national is outside of the United States or against any property that
is owned, leased, funded, or used by the United States, whether that
property is within or outside of the United States, shall be imprisoned
for any term of years or for life.
`(d) As used in this section--
`(1) `nuclear weapons program' means a program or plan
for the development, acquisition, or production of any nuclear weapon
or weapons;
`(2) `weapons of mass destruction program' means a
program or plan for the development, acquisition, or production of any
weapon or weapons of mass destruction (as defined in section 2332a(c));
`(3) `foreign terrorist power' means a terrorist
organization designated under section 219 of the Immigration and
Nationality Act, or a state sponsor of terrorism designated under
section 6(j) of the Export Administration Act of 1979 or section 620A
of the Foreign Assistance Act of 1961; and
`(4) `nuclear weapon' means any weapon that contains or uses nuclear material as defined in section 831(f)(1).'; and
(3) in section 2332b(g)(5)(B)(i), by inserting after
`nuclear materials),' the following: `832 (relating to participation in
nuclear and weapons of mass destruction threats to the United States)'.
Subtitle J--Prevention of Terrorist Access to Destructive Weapons Act of 2004
SEC. 6901. SHORT TITLE.
This subtitle may be cited as the `Prevention of Terrorist Access to Destructive Weapons Act of 2004'.
SEC. 6902. FINDINGS AND PURPOSE.
(a) Findings- Congress makes the following findings:
(1) The criminal use of man-portable air defense
systems (referred to in this section as `MANPADS') presents a serious
threat to civil aviation worldwide, especially in the hands of
terrorists or foreign states that harbor them.
(2) Atomic weapons or weapons designed to release
radiation (commonly known as `dirty bombs') could be used by terrorists
to inflict enormous loss of life and damage to property and the
environment.
(3) Variola virus is the causative agent of smallpox,
an extremely serious, contagious, and sometimes fatal disease. Variola
virus is classified as a Category A agent by the Centers for Disease
Control and Prevention, meaning that it is believed to pose the
greatest potential threat for adverse public health impact and has a
moderate to high potential for large-scale dissemination. The last case
of smallpox in the United States was in 1949. The last naturally
occurring case in the world was in Somalia in 1977. Although smallpox
has been officially eradicated after a successful worldwide vaccination
program, there remain two official repositories of the variola virus
for research purposes. Because it is so dangerous, the variola virus
may appeal to terrorists.
(4) The use, or even the threatened use, of MANPADS,
atomic or radiological weapons, or the variola virus, against the
United States, its allies, or its people, poses a grave risk to the
security, foreign policy, economy, and environment of the United
States. Accordingly, the United States has a compelling national
security interest in preventing unlawful activities that lead to the
proliferation or spread of such items, including their unauthorized
production, construction, acquisition, transfer, possession, import, or
export. All of these activities markedly increase the chances that such
items will be obtained by terrorist organizations or rogue states,
which could use them to attack the United States, its allies, or United
States nationals or corporations.
(5) There is no legitimate reason for a private
individual or company, absent explicit government authorization, to
produce, construct, otherwise acquire, transfer, receive, possess,
import, export, or use MANPADS, atomic or radiological weapons, or the
variola virus.
(b) Purpose- The purpose of this subtitle is to combat the
potential use of weapons that have the ability to cause widespread harm
to United States persons and the United States economy (and that have
no legitimate private use) and to threaten or harm the national
security or foreign relations of the United States.
SEC. 6903. MISSILE SYSTEMS DESIGNED TO DESTROY AIRCRAFT.
Chapter 113B of title 18, United States Code, is amended by adding after section 2332f the following:
`Sec. 2332g. Missile systems designed to destroy aircraft
`(1) IN GENERAL- Except as provided in paragraph (3),
it shall be unlawful for any person to knowingly produce, construct,
otherwise acquire, transfer directly or indirectly, receive, possess,
import, export, or use, or possess and threaten to use--
`(A) an explosive or incendiary rocket or missile that is guided by any system designed to enable the rocket or missile to--
`(i) seek or proceed toward energy radiated or reflected from an aircraft or toward an image locating an aircraft; or
`(ii) otherwise direct or guide the rocket or missile to an aircraft;
`(B) any device designed or intended to launch or guide a rocket or missile described in subparagraph (A); or
`(C) any part or combination of parts designed or
redesigned for use in assembling or fabricating a rocket, missile, or
device described in subparagraph (A) or (B).
`(2) NONWEAPON- Paragraph (1)(A) does not apply to any device that is neither designed nor redesigned for use as a weapon.
`(3) EXCLUDED CONDUCT- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the
United States or any department or agency thereof or of a State or any
department or agency thereof; or
`(B) conduct pursuant to the terms of a contract
with the United States or any department or agency thereof or with a
State or any department or agency thereof.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or outside
the United States; or
`(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom jurisdiction
exists under this subsection to commit an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not less
than 25 years or to imprisonment for life.
`(2) OTHER CIRCUMSTANCES- Any person who, in the course
of a violation of subsection (a), uses, attempts or conspires to use,
or possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and imprisoned
for not less than 30 years or imprisoned for life.
`(3) SPECIAL CIRCUMSTANCES- If the death of another
results from a person's violation of subsection (a), the person shall
be fined not more than $2,000,000 and punished by imprisonment for life.
`(d) Definition- As used in this section, the term
`aircraft' has the definition set forth in section 40102(a)(6) of title
49, United States Code.'.
SEC. 6904. ATOMIC WEAPONS.
(a) Prohibitions- Section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) is amended--
(1) by inserting at the beginning `a.' before `It';
(2) by inserting `knowingly' after `for any person to';
(3) by striking `or' before `export';
(4) by striking `transfer or receive in interstate or foreign commerce,' before `manufacture';
(5) by inserting `receive,' after `acquire,';
(6) by inserting `, or use, or possess and threaten to use,' before `any atomic weapon'; and
(7) by inserting at the end the following:
`b. Conduct prohibited by subsection a. is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or
foreign commerce; the offense occurs outside of the United States and
is committed by a national of the United States;
`(2) the offense is committed against a national of the United States while the national is outside the United States;
`(3) the offense is committed against any property that
is owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or outside
the United States; or
`(4) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom jurisdiction
exists under this subsection to commit an offense under this section.'.
(b) Violations- Section 222 of the Atomic Energy Act of 1954 (42 U.S.C. 2272) is amended by--
(1) inserting at the beginning `a.' before `Whoever';
(2) striking `, 92,'; and
(3) inserting at the end the following:
`b. Any person who violates, or attempts or conspires to
violate, section 92 shall be fined not more than $2,000,000 and
sentenced to a term of imprisonment not less than 25 years or to
imprisonment for life. Any person who, in the course of a violation of
section 92, uses, attempts or conspires to use, or possesses and
threatens to use, any atomic weapon shall be fined not more than
$2,000,000 and imprisoned for not less than 30 years or imprisoned for
life. If the death of another results from a person's violation of
section 92, the person shall be fined not more than $2,000,000 and
punished by imprisonment for life.'.
SEC. 6905. RADIOLOGICAL DISPERSAL DEVICES.
Chapter 113B of title 18, United States Code, is amended by adding after section 2332g the following:
`Sec. 2332h. Radiological dispersal devices
`(1) IN GENERAL- Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, construct,
otherwise acquire, transfer directly or indirectly, receive, possess,
import, export, or use, or possess and threaten to use--
`(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or
`(B) any device or other object that is capable of
and designed or intended to endanger human life through the release of
radiation or radioactivity.
`(2) EXCEPTION- This subsection does not apply with respect to--
`(A) conduct by or under the authority of the United States or any department or agency thereof; or
`(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or outside
the United States; or
`(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom jurisdiction
exists under this subsection to commit an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not less
than 25 years or to imprisonment for life.
`(2) OTHER CIRCUMSTANCES- Any person who, in the course
of a violation of subsection (a), uses, attempts or conspires to use,
or possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and imprisoned
for not less than 30 years or imprisoned for life.
`(3) SPECIAL CIRCUMSTANCES- If the death of another
results from a person's violation of subsection (a), the person shall
be fined not more than $2,000,000 and punished by imprisonment for
life.'.
SEC. 6906. VARIOLA VIRUS.
Chapter 10 of title 18, United States Code, is amended by inserting after section 175b the following:
`Sec. 175c. Variola virus
`(1) IN GENERAL- Except as provided in paragraph (2),
it shall be unlawful for any person to knowingly produce, engineer,
synthesize, acquire, transfer directly or indirectly, receive, possess,
import, export, or use, or possess and threaten to use, variola virus.
`(2) EXCEPTION- This subsection does not apply to
conduct by, or under the authority of, the Secretary of Health and
Human Services.
`(b) Jurisdiction- Conduct prohibited by subsection (a) is within the jurisdiction of the United States if--
`(1) the offense occurs in or affects interstate or foreign commerce;
`(2) the offense occurs outside of the United States and is committed by a national of the United States;
`(3) the offense is committed against a national of the United States while the national is outside the United States;
`(4) the offense is committed against any property that
is owned, leased, or used by the United States or by any department or
agency of the United States, whether the property is within or outside
the United States; or
`(5) an offender aids or abets any person over whom
jurisdiction exists under this subsection in committing an offense
under this section or conspires with any person over whom jurisdiction
exists under this subsection to commit an offense under this section.
`(1) IN GENERAL- Any person who violates, or attempts
or conspires to violate, subsection (a) shall be fined not more than
$2,000,000 and shall be sentenced to a term of imprisonment not less
than 25 years or to imprisonment for life.
`(2) OTHER CIRCUMSTANCES- Any person who, in the course
of a violation of subsection (a), uses, attempts or conspires to use,
or possesses and threatens to use, any item or items described in
subsection (a), shall be fined not more than $2,000,000 and imprisoned
for not less than 30 years or imprisoned for life.
`(3) SPECIAL CIRCUMSTANCES- If the death of another
results from a person's violation of subsection (a), the person shall
be fined not more than $2,000,000 and punished by imprisonment for life.
`(d) Definition- As used in this section, the term `variola
virus' means a virus that can cause human smallpox or any derivative of
the variola major virus that contains more than 85 percent of the gene
sequence of the variola major virus or the variola minor virus.'.
SEC. 6907. INTERCEPTION OF COMMUNICATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (a), by inserting `2122 and' after `sections';
(2) in paragraph (c), by inserting `section 175c
(relating to variola virus),' after `section 175 (relating to
biological weapons),'; and
(3) in paragraph (q), by inserting `2332g, 2332h,' after `2332f,'.
SEC. 6908. AMENDMENTS TO SECTION 2332b(g)(5)(B) OF TITLE 18, UNITED STATES CODE.
Section 2332b(g)(5)(B) of title 18, United States Code, is amended--
(A) by inserting before `2339 (relating to
harboring terrorists)' the following: `2332g (relating to missile
systems designed to destroy aircraft), 2332h (relating to radiological
dispersal devices),'; and
(B) by inserting `175c (relating to variola virus),' after `175 or 175b (relating to biological weapons),'; and
(A) by striking `section' and inserting `sections 92 (relating to prohibitions governing atomic weapons) or'; and
(B) by inserting `2122 or' before `2284'.
SEC. 6909. AMENDMENTS TO SECTION 1956(c)(7)(D) OF TITLE 18, UNITED STATES CODE.
Section 1956(c)(7)(D), title 18, United States Code, is amended--
(1) by inserting after `section 152 (relating to
concealment of assets; false oaths and claims; bribery),' the
following: `section 175c (relating to the variola virus),';
(2) by inserting after `section 2332(b) (relating to
international terrorist acts transcending national boundaries),' the
following: `section 2332g (relating to missile systems designed to
destroy aircraft), section 2332h (relating to radiological dispersal
devices),'; and
(3) striking `or' after `any felony violation of the
Foreign Agents Registration Act of 1938,' and after `any felony
violation of the Foreign Corrupt Practices Act', striking `;' and
inserting `, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C.
2122) (relating to prohibitions governing atomic weapons)'.
SEC. 6910. EXPORT LICENSING PROCESS.
Section 38(g)(1)(A) of the Arms Export Control Act (22 U.S.C. 2778) is amended--
(1) by striking `or' before `(xi)'; and
(2) by inserting after clause (xi) the following: `or
(xii) section 3, 4, 5, and 6 of the Prevention of Terrorist Access to
Destructive Weapons Act of 2004, relating to missile systems designed
to destroy aircraft (18 U.S.C. 2332g), prohibitions governing atomic
weapons (42 U.S.C. 2122), radiological dispersal devices (18 U.S.C.
2332h), and variola virus (18 U.S.C. 175b);'.
SEC. 6911. CLERICAL AMENDMENTS.
(a) Chapter 113B- The table of sections for chapter 113B of
title 18, United States Code, is amended by inserting the following
after the item for section 2332f:
`2332g. Missile systems designed to destroy aircraft.
`2332h. Radiological dispersal devices.'.
(b) Chapter 10- The table of sections for chapter 10 of
title 18, United States Code, is amended by inserting the following
item after the item for section 175b:
Subtitle K--Pretrial Detention of Terrorists
SEC. 6951. SHORT TITLE.
This subtitle may be cited as the `Pretrial Detention of Terrorists Act of 2004'.
SEC. 6952. PRESUMPTION FOR PRETRIAL DETENTION IN CASES INVOLVING TERRORISM.
Section 3142 of title 18, United States Code, is amended--
(A) by inserting `or' before `the Maritime'; and
(B) by inserting `or an offense listed in section
2332b(g)(5)(B) of title 18, United States Code, for which a maximum
term of imprisonment of 10 years or more is prescribed' after `or 2332b
of this title,'; and
(2) in subsections (f)(1)(A) and (g)(1), by inserting
`, or an offense listed in section 2332b(g)(5)(B) for which a maximum
term of imprisonment of 10 years or more is prescribed' after
`violence' each place such term appears.
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS
SEC. 7001. SHORT TITLE.
This title may be cited as the `9/11 Commission Implementation Act of 2004'.
Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on Terrorism
SEC. 7101. FINDINGS.
Consistent with the report of the National Commission on
Terrorist Attacks Upon the United States, Congress makes 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. 7102. 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 often
focusing on remote regions and failing states as locations to seek
sanctuary.
(b) SENSE OF CONGRESS ON UNITED STATES POLICY ON TERRORIST
SANCTUARIES- It is the sense of Congress that it should be the policy
of the United States--
(1) to identify foreign countries that are being used as terrorist sanctuaries;
(2) to assess current United States resources and tools
being used to assist foreign governments to eliminate such sanctuaries;
(3) to develop and implement a coordinated strategy to
prevent terrorists from using such foreign countries as sanctuaries; and
(4) to work in bilateral and multilateral fora to
elicit the cooperation needed to identify and address terrorist
sanctuaries that may exist today, but, so far, remain unknown to
governments.
(c) AMENDMENTS TO EXISTING LAW TO INCLUDE TERRORIST SANCTUARIES-
(1) IN GENERAL- Section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following:
`(5)(A) As used in paragraph (1), the term `repeatedly
provided support for acts of international terrorism' shall include the
recurring use of any part of the territory of the country as a
sanctuary for terrorists or terrorist organizations.
`(i) the term `territory of a country' means the land, waters, and airspace of the country; and
`(ii) the term `sanctuary' means an area in the territory of a country--
`(I) that is used by a terrorist or terrorist organization--
`(aa) to carry out terrorist activities, including training, financing, and recruitment; or
`(bb) as a transit point; and
`(II) the government of which expressly
consents to, or with knowledge, allows, tolerates, or disregards such
use of its territory.'.
(2) RULE OF CONSTRUCTION- Nothing in this subsection or
the amendments made by this subsection shall be construed as affecting
any determination made by the Secretary of State pursuant to section
6(j) of the Export Administration Act of 1979 with respect to a country
prior to the date of enactment of this Act.
(3) IMPLEMENTATION- The President shall implement the
amendments made by paragraph (1) by exercising the authorities of the
President under the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.).
(d) AMENDMENTS TO GLOBAL PATTERNS OF TERRORISM REPORT-
(1) IN GENERAL- Section 140(a)(1) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(a)(1)) is amended--
(A) by striking `(1)' and inserting `(1)(A)';
(B) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively;
(C) in subparagraph (A)(iii) (as redesignated), by adding `and' at the end; and
(D) by adding at the end the following:
`(B) detailed assessments with respect to each
foreign country whose territory is being used as a sanctuary for
terrorists or terrorist organizations;'.
(2) CONTENTS- Section 140(b) of such Act (22 U.S.C. 2656f(b)) is amended--
(i) in the matter preceding subparagraph (A), by striking `subsection (a)(1)' and inserting `subsection (a)(1)(A)'; and
(ii) by striking `and' at the end;
(B) by redesignating paragraph (2) as paragraph (3);
(C) by inserting after paragraph (1) the following:
`(2) with respect to subsection (a)(1)(B)--
`(A) the extent of knowledge by the government of
the country with respect to terrorist activities in the territory of
the country; and
`(B) the actions by the country--
`(i) to eliminate each terrorist sanctuary in the territory of the country;
`(ii) to cooperate with United States antiterrorism efforts; and
`(iii) to prevent the proliferation of and
trafficking in weapons of mass destruction in and through the territory
of the country;';
(D) in paragraph (3), as redesignated, by striking the period at the end and inserting a semicolon; and
(E) by inserting after paragraph (3) the following:
`(4) a strategy for addressing, and where possible eliminating, terrorist sanctuaries that shall include--
`(A) a description of terrorist sanctuaries,
together with an assessment of the priorities of addressing and
eliminating such sanctuaries;
`(B) an outline of strategies for disrupting or eliminating the security provided to terrorists by such sanctuaries;
`(C) a description of efforts by the United States
to work with other countries in bilateral and multilateral fora to
address or eliminate 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; and
`(5) an update of the information contained in the
report required to be transmitted to Congress under 7120(b) of the 9/11
Commission Implementation Act of 2004.'.
(3) DEFINITIONS- Section 140(d) of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)) is amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3), by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
`(4) the terms `territory' and `territory of the country' mean the land, waters, and airspace of the country; and
`(5) the terms `terrorist sanctuary' and `sanctuary' mean an area in the territory of the country--
`(A) that is used by a terrorist or terrorist organization--
`(i) to carry out terrorist activities, including training, fundraising, financing, and recruitment; or
`(ii) as a transit point; and
`(B) the government of which expressly consents to,
or with knowledge, allows, tolerates, or disregards such use of its
territory and is not subject to a determination under--
`(i) section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A));
`(ii) section 620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)); or
`(iii) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).'.
(4) EFFECTIVE DATE- The amendments made by this
subsection apply with respect to the report required to be transmitted
under section 140 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (22 U.S.C. 2656f), by April 30, 2006, and by April
30 of each subsequent year.
SEC. 7103. UNITED STATES COMMITMENT TO THE FUTURE OF PAKISTAN.
(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 terrorism.
(2) Due to its location, topography, social conditions,
and other factors, Pakistan can be attractive to extremists seeking
refuge or opportunities to recruit or train, or a place from which to
operate against Coalition Forces in Afghanistan.
(3) 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.
(b) SENSE OF CONGRESS- It is the sense of Congress that the United States should--
(1) help to ensure a promising, stable, and secure future for Pakistan over the long term;
(2) provide a comprehensive program of assistance to encourage and enable Pakistan--
(A) to continue and improve upon its commitment to combating extremists;
(B) to seek to resolve any outstanding difficulties with its neighbors and other countries in its region;
(C) to continue to make efforts to fully control its territory and borders;
(D) to progress toward becoming a more effective and participatory democracy;
(E) to participate more vigorously in the global marketplace and to continue to modernize its economy;
(F) to take all necessary steps to halt the spread of weapons of mass destruction;
(G) to improve and expand access to education for all citizens; and
(H) to increase the number and level of exchanges between the Pakistani people and the American people; and
(3) continue to provide assistance to Pakistan at not
less than the overall levels requested by the President for fiscal year
2005.
(c) EXTENSION OF PAKISTAN WAIVERS- The Act entitled `An Act
to authorize the President to exercise waivers of foreign assistance
restrictions with respect to Pakistan through September 30, 2003, and
for other purposes', approved October 27, 2001 (Public Law 107-57; 115
Stat. 403), as amended by section 2213 of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1232), is further
amended--
(A) in the heading, by striking `FISCAL YEAR 2004' and inserting `FISCAL YEARS 2005 and 2006'; and
(B) in paragraph (1), by striking `2004' and inserting `2005 or 2006';
(2) in section 3(2), by striking `and 2004,' and inserting `2004, 2005, and 2006'; and
(3) in section 6, by striking `2004' and inserting `2006'.
SEC. 7104. ASSISTANCE FOR AFGHANISTAN.
(a) SHORT TITLE- This section may be cited as the `Afghanistan Freedom Support Act Amendments of 2004'.
(b) COORDINATION OF ASSISTANCE-
(1) FINDINGS- Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(A) 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.
(B) 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--
(i) improving security throughout the country;
(ii) disarming and demobilizing militias;
(iii) curtailing the rule of the warlords;
(iv) promoting equitable economic development;
(v) protecting the human rights of the people of Afghanistan;
(vi) continuing to hold elections for public officials; and
(vii) ending the cultivation, production, and trafficking of narcotics.
(C) The United States and the international
community must make a long-term commitment to addressing the unstable
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.
(2) SENSE OF CONGRESS- It is the sense of Congress that
the United States Government should take, with respect to Afghanistan,
the following actions:
(A) Work 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) Use 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) Take appropriate steps to increase the
assistance provided under programs of the Department of State and the
United States Agency for International Development throughout
Afghanistan and to increase the number of personnel of those agencies
in Afghanistan as necessary to support the increased assistance.
(c) COORDINATOR FOR ASSISTANCE-
(1) FINDINGS- Congress makes the following findings:
(A) The Final Report of the National Commission on
Terrorist Attacks Upon the United States criticized the provision of
United States assistance to Afghanistan for being too inflexible.
(B) The Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7501 et seq.) contains provisions that provide for flexibility
in the provision of assistance for Afghanistan and are not subject to
the requirements of typical foreign assistance programs and provide for
the designation of a coordinator to oversee United States assistance
for Afghanistan.
(2) DESIGNATION OF COORDINATOR- Section 104(a) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514(a)) is amended
in the matter preceding paragraph (1) by striking `is strongly urged
to' and inserting `shall'.
(d) ASSISTANCE PLAN; INTERNATIONAL COORDINATION- Section
104 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7514) is
amended by adding at the end the following:
`(1) SUBMISSION TO CONGRESS- The coordinator designated
under subsection (a) shall annually submit the Afghanistan assistance
plan of the Administration to--
`(A) the Committee on Foreign Relations of the Senate;
`(B) the Committee on International Relations of the House of Representatives;
`(C) the Committee on Appropriations of the Senate; and
`(D) the Committee on Appropriations of the House of Representatives.
`(2) CONTENTS- The assistance plan submitted under paragraph (1) shall describe--
`(A) how the plan relates to the strategy provided pursuant to section 304; and
`(B) how the plan builds upon United States assistance provided to Afghanistan since 2001.
`(d) COORDINATION WITH INTERNATIONAL COMMUNITY-
`(1) IN GENERAL- The coordinator designated under
subsection (a) shall work with the international community and the
Government of Afghanistan to ensure that assistance to Afghanistan is
implemented in a coherent, consistent, and efficient manner to prevent
duplication and waste.
`(2) INTERNATIONAL FINANCIAL INSTITUTIONS- The
coordinator designated under subsection (a), under the direction of the
Secretary of State, shall work through the Secretary of the Treasury
and the United States Executive Directors at the international
financial institutions (as defined in section 1701(c)(2) of the
International Financial Institutions Act (22 U.S.C. 262r(c)(2))) to
coordinate United States assistance for Afghanistan with international
financial institutions.
(e) General Provisions Relating to the Afghanistan Freedom Support Act of 2002-
(1) ASSISTANCE TO PROMOTE ECONOMIC, POLITICAL AND SOCIAL DEVELOPMENT-
(A) DECLARATION OF POLICY- Congress reaffirms the
authorities contained in title I of the Afghanistan Freedom Support Act
of 2002 (22 U.S.C. 7501 et seq.), relating to economic and democratic
development assistance for Afghanistan.
(B) PROVISION OF ASSISTANCE- Section 103(a) of such
Act (22 U.S.C. 7513(a)) is amended in the matter preceding paragraph
(1) by striking `section 512 of Public Law 107-115 or any other
similar' and inserting `any other'.
(2) DECLARATIONS OF GENERAL POLICY- Congress makes the following declarations:
(A) The United States reaffirms the support that it
and other countries expressed for the report entitled `Securing
Afghanistan's Future' in their Berlin Declaration of April 2004. The
United States should help enable the growth needed to create an
economically sustainable Afghanistan capable of the poverty reduction
and social development foreseen in the report.
(B) The United States supports the parliamentary
elections to be held in Afghanistan by April 2005 and will help ensure
that such elections are not undermined, including by warlords or
narcotics traffickers.
(C) The United States continues to urge North
Atlantic Treaty Organization members and other friendly countries to
make much greater military contributions toward securing the peace in
Afghanistan.
(3) FORM OF REPORTS- Section 304 of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7554) is amended--
(A) by striking `The Secretary' and inserting the following:
`(a) IN GENERAL- The Secretary';
(B) by striking `The first report' and inserting the following:
`(b) DEADLINE FOR SUBMISSION- The first report'; and
(C) by adding at the end the following:
`(c) FORM OF REPORTS- Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) by this Act may contain a classified annex.'.
(A) STRATEGY- Title III of the Afghanistan Freedom
Support Act of 2002 (22 U.S.C. 7551 et seq.) is amended by adding at
the end the following:
`SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.
`(1) IN GENERAL- Not later than 180 days after the date
of enactment of this section, the President shall formulate a 5-year
strategy for Afghanistan and submit such strategy to--
`(A) the Committee on Foreign Relations of the Senate;
`(B) the Committee on International Relations of the House of Representatives;
`(C) the Committee on Appropriations of the Senate; and
`(D) the Committee on Appropriations of the House of Representatives.
`(2) CONTENTS- The strategy formulated under paragraph
(1) shall include specific and measurable goals for addressing the
long-term development and security needs of Afghanistan, including
sectors such as agriculture and irrigation, parliamentary and
democratic development, the judicial system and rule of law, human
rights, education, health, telecommunications, electricity, women's
rights, counternarcotics, police, border security, anti-corruption, and
other law-enforcement activities, as well as the anticipated costs and
time frames associated with achieving those goals.
`(1) ANNUAL REPORT- The President shall transmit on an
annual basis through 2010 a report describing the progress made toward
the implementation of the strategy required by subsection (a) and any
changes to the strategy since the date of the submission of the last
report to--
`(A) the Committee on Foreign Relations of the Senate;
`(B) the Committee on International Relations of the House of Representatives;
`(C) the Committee on Appropriations of the Senate; and
`(D) the Committee on Appropriations of the House of Representatives.'.
(B) CLERICAL AMENDMENT- The table of contents for
such Act (22 U.S.C. 7501 note) is amended by adding after the item
relating to section 303 the following new item:
`Sec. 305. Formulation of long-term strategy for Afghanistan.'.
(f) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES-
(1) DECLARATION OF POLICY- Congress declares that,
although Afghanistan has adopted a new constitution and made progress
on primary education, the United States must invest in a concerted
effort in Afghanistan to improve the rule of law, good governance, and
effective policing, to accelerate work on secondary and university
education systems, and to establish new initiatives to increase the
capacity of civil society.
(2) AMENDMENT- Section 103(a)(5) of the Afghanistan
Freedom Support Act of 2002 (22 U.S.C. 7513(a)(5)) is amended to read
as follows:
`(5) EDUCATION, THE RULE OF LAW, AND RELATED ISSUES-
`(A) EDUCATION- To assist in the development of the
capacity of the Government of Afghanistan to provide education to the
people of Afghanistan, including assistance such as--
`(i) support for an educated citizenry through
improved access to basic education, with particular emphasis on basic
education for children, especially orphans;
`(ii) programs to enable the Government of
Afghanistan to recruit and train teachers, with special focus on the
recruitment and training of female teachers;
`(iii) programs to enable the Government of
Afghanistan to develop school curricula that incorporate relevant
information such as landmine awareness, food security and agricultural
education, civic education, and human rights education, including
education relating to religious freedom;
`(iv) programs to construct, renovate, or
rebuild, and to equip and provide teacher training, for primary
schools, secondary schools, and universities; and
`(v) programs to increase educational exchanges and partnerships between the United States and Afghanistan.
`(B) RULE OF LAW- To assist in the development of
the rule of law and good governance and reduced corruption in
Afghanistan, including assistance such as--
`(i) support for the activities of the
Government of Afghanistan to implement its constitution, to develop
modern legal codes and court rules, to provide for the creation of
legal assistance programs, and other initiatives to promote the rule of
law in Afghanistan;
`(ii) support for improvements in the capacity
and physical infrastructure of the justice system in Afghanistan, such
as for professional training (including for women) to improve the
administration of justice, for programs to enhance prosecutorial and
judicial capabilities and to protect participants in judicial cases,
for improvements in the instruction of law enforcement personnel
(including human rights training), and for the promotion of civilian
police roles that support democracy;
`(iii) support for rehabilitation and rebuilding of courthouses and detention facilities;
`(iv) support for the effective administration
of justice at the national, regional, and local levels, including
programs to improve penal institutions and the rehabilitation of
prisoners, and to establish a responsible and community-based police
force;
`(v) support to increase the transparency,
accountability, and participatory nature of governmental institutions,
including programs designed to combat corruption and other programs for
the promotion of good governance, such as the development of
regulations relating to financial disclosure for public officials,
political parties, and candidates for public office, and transparent
budgeting processes and financial management systems;
`(vi) support for establishment of a central bank and central budgeting authority;
`(vii) support for international organizations that provide civil advisers to the Government of Afghanistan; and
`(viii) support for Afghan and international
efforts to investigate human rights atrocities committed in Afghanistan
by the Taliban regime, opponents of such regime, and terrorist groups
operating in Afghanistan, including the collection of forensic evidence
relating to such atrocities.
`(C) CIVIL SOCIETY AND DEMOCRACY- To support the
development of democratic institutions in Afghanistan, including
assistance for--
`(i) international monitoring and observing of, and the promotion of, free and fair elections;
`(ii) strengthening democratic political parties;
`(iii) international exchanges and professional
training for members or officials of government, political, and civic
or other nongovernmental entities;
`(iv) national, regional, and local elections and political party development;
`(v) an independent media;
`(vi) programs that support the expanded
participation of women and members of all ethnic groups in government
at national, regional, and local levels; and
`(vii) programs to strengthen civil society
organizations that promote human rights, including religious freedom,
freedom of expression, and freedom of association, and support human
rights monitoring.
`(D) PROTECTION OF SITES- To provide for the
protection of Afghanistan's culture, history, and national identity,
including the rehabilitation of Afghanistan's museums and sites of
cultural significance.'.
(3) CONFORMING AMENDMENT- Section 103(a)(4) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513(a)(4)) is amended--
(A) in subparagraph (K), by striking `and' at the end;
(B) in subparagraph (L), by striking the period at the end and inserting `; and'; and
(C) by adding at the end the following:
`(M) assistance in identifying and surveying key
road and rail routes that are essential for economic renewal in
Afghanistan and the region and support for the establishment of a
customs service and training for customs officers.'.
(g) MONITORING OF ASSISTANCE FOR AFGHANISTAN- Section 103
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7513), is
amended by adding at the end the following:
`(d) MONITORING OF ASSISTANCE FOR AFGHANISTAN-
`(A) IN GENERAL- The Secretary of State, in
consultation with the Administrator for the United States Agency for
International Development, shall submit to the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives a report on the obligations of United
States assistance for Afghanistan from all United States Government
departments and agencies.
`(B) CONTENTS- Each such report shall set forth, for the preceding annual period and cumulatively, a description of--
`(i) the activities and the purposes for which funds were obligated;
`(ii) the source of the funds stated specifically by fiscal year, agency, and program;
`(iii) the participation of each United States Government department or agency; and
`(iv) such other information as the Secretary considers appropriate to fully inform Congress on such matters.
`(C) ADDITIONAL REQUIREMENTS- The first report
submitted under this paragraph shall include a cumulative account of
information described in subparagraph (B) from all prior periods
beginning with fiscal year 2001. The first report under this paragraph
shall be submitted not later than March 15, 2005. Subsequent reports
shall be submitted every 12 months thereafter and may be included in
the report required under section 206(c)(2).
`(2) SUBMISSION OF INFORMATION FOR REPORT- The head of
each United States Government agency referred to in paragraph (1) shall
provide on a timely basis to the Secretary of State such information as
the Secretary may reasonably require to allow the Secretary to prepare
and submit the report required under paragraph (1).'.
(h) UNITED STATES POLICY TO SUPPORT DISARMAMENT OF PRIVATE
MILITIAS AND EXPANSION OF INTERNATIONAL PEACEKEEPING AND SECURITY
OPERATIONS IN AFGHANISTAN-
(1) UNITED STATES POLICY RELATING TO DISARMAMENT OF PRIVATE MILITIAS-
(A) IN GENERAL- It shall be the policy of the
United States to take immediate steps to provide active support for the
disarmament, demobilization, and reintegration of armed soldiers,
particularly child soldiers, in Afghanistan, in close consultation with
the President of Afghanistan.
(B) REPORT- The report required under section
206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7536(c)(2)) shall include a description of the progress to implement
paragraph (1).
(2) INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS-
Section 206 of such Act (22 U.S.C. 7536) is amended by adding at the
end the following:
`(e) UNITED STATES POLICY RELATING TO INTERNATIONAL
PEACEKEEPING AND SECURITY OPERATIONS- It shall be the policy of the
United States to make every effort to support the expansion of
international peacekeeping and security operations in Afghanistan in
order to--
`(1) increase the area in which security is provided
and undertake vital tasks related to promoting security, such as
disarming warlords, militias, and irregulars, and disrupting opium
production; and
`(2) safeguard highways in order to allow the free flow
of commerce and to allow material assistance to the people of
Afghanistan, and aid personnel in Afghanistan, to move more freely.'.
(i) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND
SECURITY OPERATIONS IN AFGHANISTAN- Section 206(d)(1) of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7536(d)(1)) is
amended to read as follows:
`(1) EFFORTS TO EXPAND INTERNATIONAL PEACEKEEPING AND SECURITY OPERATIONS IN AFGHANISTAN-
`(A) EFFORTS- The President shall encourage, and,
as authorized by law, enable other countries to actively participate in
expanded international peacekeeping and security operations in
Afghanistan, especially through the provision of military personnel for
extended periods of time.
`(B) REPORTS- The President shall prepare and
transmit a report on the efforts carried out pursuant to subparagraph
(A) to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of Representatives.
The first report under this subparagraph shall be transmitted not later
than 60 days after the date of the enactment of the Afghanistan Freedom
Support Act Amendments of 2004 and subsequent reports shall be
transmitted every 6 months thereafter and may be included in the report
required by subsection (c)(2).'.
(j) PROVISIONS RELATING TO COUNTERNARCOTICS EFFORTS IN AFGHANISTAN-
(1) AUTHORIZATION OF ASSISTANCE- Section 103(a)(3)(A)
of the Afghanistan Freedom Support Act of 2002 (22 U.S.C.
7513(a)(3)(A)) is amended--
(A) in clause (i), by striking `establish crop
substitution programs,' and inserting `promote alternatives to poppy
cultivation, including the introduction of high value crops that are
suitable for export and the provision of appropriate technical
assistance and credit mechanisms for farmers,';
(B) in clause (ii), by inserting before the
semicolon at the end the following: `, and to create special
counternarcotics courts, prosecutors, and places of incarceration';
(C) in clause (iii), by inserting before the
semicolon at the end the following: `, in particular, notwithstanding
section 660 of the Foreign Assistance Act of 1961 (22 U.S.C. 2420), by
providing non-lethal equipment, training (including training in
internationally recognized standards of human rights, the rule of law,
anti-corruption, and the promotion of civilian police roles that
support democracy), and payments, during fiscal years 2005 through
2008, for salaries for special counternarcotics police and supporting
units';
(D) in clause (iv), by striking `and' at the end;
(E) in clause (v), by striking the period at the end and inserting `; and'; and
(F) by adding after clause (v) the following:
`(vi) assist the Afghan National Army with respect to any of the activities under this paragraph.'.
(2) SENSE OF CONGRESS AND REPORT- Title II of the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7531 et seq.) is
amended--
(A) by redesignating sections 207 and 208 as sections 208 and 209, respectively; and
(B) by inserting after section 206 the following:
`SEC. 207. SENSE OF CONGRESS AND REPORT REGARDING COUNTER-DRUG EFFORTS IN AFGHANISTAN.
`(a) SENSE OF CONGRESS- It is the sense of Congress that--
`(1) the President should make the substantial
reduction of illegal drug production and trafficking in Afghanistan a
priority in the Global War on Terrorism;
`(2) the Secretary of Defense, in coordination with the
Secretary of State and the heads of other appropriate Federal agencies,
should expand cooperation with the Government of Afghanistan and
international organizations involved in counter-drug activities to
assist in providing a secure environment for counter-drug personnel in
Afghanistan; and
`(3) the United States, in conjunction with the
Government of Afghanistan and coalition partners, should undertake
additional efforts to reduce illegal drug trafficking and related
activities that provide financial support for terrorist organizations
in Afghanistan and neighboring countries.
`(b) REPORT REQUIRED- (1) The Secretary of Defense and the Secretary of State shall jointly prepare a report that describes--
`(A) the progress made toward substantially reducing poppy cultivation and heroin production capabilities in Afghanistan; and
`(B) the extent to which profits from illegal drug
activity in Afghanistan are used to financially support terrorist
organizations and groups seeking to undermine the Government of
Afghanistan.
`(2) The report required by this subsection shall be
submitted to Congress not later than 120 days after the date of the
enactment of the 9/11 Recommendations Implementation Act.'.
(3) CLERICAL AMENDMENT- The table of contents for such
Act (22 U.S.C. 7501 note) is amended by striking the items relating to
sections 207 and 208 and inserting the following:
`Sec. 207. Sense of Congress and report regarding counter-drug efforts in Afghanistan.
`Sec. 208. Relationship to other authority.
`Sec. 209. Authorization of appropriations.'.
(k) Additional Amendments to Afghanistan Freedom Support Act of 2002-
(1) EXTENSION OF REPORTS ON IMPLEMENTATION OF STRATEGY-
Section 206(c)(2) of the Afghanistan Freedom Support Act of 2002 (22
U.S.C. 7536(c)(2)) is amended in the matter preceding subparagraph (A)
by striking `2007' and inserting `2010'.
(2) TECHNICAL AMENDMENT- Section 103(a)(7)(A)(xii) of
such Act (22 U.S.C. 7513(a)(7)(A)(xii)) is amended by striking
`National' and inserting `Afghan Independent'.
(l) REPEAL OF PROHIBITION ON ASSISTANCE- Section 620D of
the Foreign Assistance Act of 1961 (22 U.S.C. 2374; relating to
prohibition on assistance to Afghanistan) is repealed.
(m) AUTHORIZATION OF APPROPRIATIONS- Section 108(a) of the
Afghanistan Freedom Assistance Act of 2002 (22 U.S.C. 7518(a)) is
amended by striking `$1,825,000,000 for fiscal year 2004' and all that
follows and inserting `such sums as may be necessary for each of the
fiscal years 2005 and 2006.'.
SEC. 7105. THE RELATIONSHIP BETWEEN THE UNITED STATES AND SAUDI ARABIA.
(a) FINDINGS- Consistent with the report of the
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, there have been problems in cooperation between the
United States and Saudi Arabia.
(2) The Government of Saudi Arabia has not always
responded promptly or fully to United States requests for assistance in
the global war on Islamist terrorism.
(3) The Government of Saudi Arabia has not done all it
can to prevent financial or other support from being provided to, or
reaching, extremist organizations in Saudi Arabia or other countries.
(4) Counterterrorism cooperation between the
Governments of the United States and Saudi Arabia has improved
significantly since the terrorist bombing attacks in Riyadh, Saudi
Arabia, on May 12, 2003, and the Government of Saudi Arabia is now
pursuing al Qaeda and other terror groups operating inside Saudi Arabia.
(5) The United States must enhance its cooperation and
strong relationship with Saudi Arabia based upon a shared and public
commitment to political and economic reform, greater tolerance and
respect for religious and cultural diversity and joint efforts to
prevent funding for and support of extremist organizations in Saudi
Arabia and elsewhere.
(b) SENSE OF CONGRESS- It is the sense of Congress that
there should be a more robust dialogue between the people and
Government of the United States and the people and Government of Saudi
Arabia in order to improve the relationship between the United States
and Saudi Arabia.
SEC. 7106. 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 countries with predominantly
Muslim populations and influential broadcasters who reach Muslim
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 countries with predominantly Muslim populations 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 violence, respect for the rule of law,
openness in discussing differences, and tolerance for opposing points
of view;
(3) the United States should encourage reform, freedom, democracy, and opportunity for Muslims; and
(4) the United States should work to defeat extremism
in all its form, especially in nations with predominantly Muslim
populations by providing assistance to governments, non-governmental
organizations, and individuals who promote modernization.
SEC. 7107. 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
importance of individual educational and economic opportunity,
encourage widespread political participation, condemn 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 encourage the
governments of all countries with predominantly Muslim populations,
including those that are friends and allies of the United States, to
promote the value of life and the importance of individual education
and economic opportunity, encourage widespread political participation,
condemn violence and promote the rule of law, openness in discussing
differences among people, and tolerance for opposing points of view.
SEC. 7108. PROMOTION OF FREE MEDIA AND OTHER AMERICAN VALUES.
(a) PROMOTION OF UNITED STATES VALUES THROUGH BROADCAST MEDIA-
(1) FINDINGS- Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(A) 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
neither convincingly presented nor widely understood.
(B) If the United States does not act to vigorously
define its message in countries with predominantly Muslim populations,
the image of the United States will be defined by Islamic extremists
who seek to demonize the United States.
(C) Recognizing that many Muslim audiences rely on
satellite television and radio, the United States Government has
launched promising initiatives in television and radio broadcasting to
the Islamic world, including Iran and Afghanistan.
(2) SENSE OF CONGRESS- It is the sense of Congress that--
(A) the United States must do more to defend and
promote its values and ideals to the broadest possible audience in
countries with predominantly Muslim populations;
(B) United States efforts to defend and promote
these values and ideals are beginning to ensure that accurate
expressions of these values reach large Muslim audiences and should be
robustly supported;
(C) the United States Government could and should do more to engage Muslim audiences in the struggle of ideas; and
(D) the United States Government should more
intensively employ existing broadcast media in the Islamic world as
part of this engagement.
(b) ENHANCING FREE AND INDEPENDENT MEDIA-
(1) FINDINGS- Congress makes the following findings:
(A) Freedom of speech and freedom of the press are fundamental human rights.
(B) The United States has a national interest in
promoting these freedoms by supporting free media abroad, which is
essential to the development of free and democratic societies
consistent with our own.
(C) Free media is undermined, endangered, or
nonexistent in many repressive and transitional societies around the
world, including in Eurasia, Africa, and the Middle East.
(D) Individuals lacking access to a plurality of
free media are vulnerable to misinformation and propaganda and are
potentially more likely to adopt anti-United States views.
(E) Foreign governments have a responsibility to
actively and publicly discourage and rebut unprofessional and unethical
media while respecting journalistic integrity and editorial
independence.
(2) STATEMENT OF POLICY- It shall be the policy of the United States, acting through the Secretary of State, to--
(A) ensure that the promotion of freedom of the
press and freedom of media worldwide is a priority of United States
foreign policy and an integral component of United States public
diplomacy;
(B) respect the journalistic integrity and editorial independence of free media worldwide; and
(C) ensure that widely accepted standards for
professional and ethical journalistic and editorial practices are
employed when assessing international media.
(c) ESTABLISHMENT OF MEDIA NETWORK-
(1) GRANTS FOR ESTABLISHMENT OF NETWORK- The Secretary
of State shall, utilizing amounts authorized to be appropriated by
subsection (e)(2), make grants to the National Endowment for Democracy
(NED) under the National Endowment for Democracy Act (22 U.S.C. 4411 et
seq.) for utilization by the Endowment to provide funding to a private
sector group to establish and manage a free and independent media
network as specified in paragraph (2).
(2) MEDIA NETWORK- The media network established using
funds under paragraph (1) shall provide an effective forum to convene a
broad range of individuals, organizations, and governmental
participants involved in journalistic activities and the development of
free and independent media in order to--
(A) fund a clearinghouse to collect and share information concerning international media development and training;
(B) improve research in the field of media
assistance and program evaluation to better inform decisions regarding
funding and program design for government and private donors;
(C) explore the most appropriate use of existing
means to more effectively encourage the involvement of the private
sector in the field of media assistance; and
(D) identify effective methods for the development of a free and independent media in societies in transition.
(d) AUTHORIZATIONS OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated
for each of fiscal years 2005 and 2006, unless otherwise authorized by
Congress, such sums as may be necessary to carry out United States
Government broadcasting activities consistent with this section 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.
(2) GRANTS FOR MEDIA NETWORK- In addition to the
amounts authorized to be appropriated under paragraph (1), there are
authorized to be appropriated for each of fiscal years 2005 and 2006,
unless otherwise authorized by Congress, such sums as may be necessary
for grants under subsection (c)(1) for the establishment of the media
network described in subsection (c)(2).
SEC. 7109. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
(a) In General- The State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a et seq.) is amended by inserting after
section 59 the following new section:
`SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.
`(a) Integral Component- The Secretary of State shall make
public diplomacy an integral component in the planning and execution of
United States foreign policy.
`(b) Coordination and Development of Strategy- The Secretary shall make every effort to--
`(1) coordinate, subject to the direction of the President, the public diplomacy activities of Federal agencies; and
`(2) coordinate with the Broadcasting Board of Governors to--
`(A) develop a comprehensive and coherent strategy for the use of public diplomacy resources; and
`(B) develop and articulate long-term measurable objectives for United States public diplomacy.
`(c) Objectives- The strategy developed pursuant to
subsection (b) shall include public diplomacy efforts targeting
developed and developing countries and select and general audiences,
using appropriate media to properly explain the foreign policy of the
United States to the governments and populations of such countries,
with the objectives of increasing support for United States policies
and providing news and information. The Secretary shall, through the
most effective mechanisms, counter misinformation and propaganda
concerning the United States. The Secretary shall continue to
articulate the importance of freedom, democracy, and human rights as
fundamental principles underlying United States foreign policy goals.
`(d) Identification of United States Foreign Assistance- In
cooperation with the United States Agency for International Development
(USAID) and other public and private assistance organizations and
agencies, the Secretary should ensure that information relating to
foreign assistance provided by the United States, nongovernmental
organizations, and private entities of the United States is
disseminated widely, and particularly, to the extent practicable,
within countries and regions that receive such assistance. The
Secretary should ensure that, to the extent practicable, projects
funded by USAID not involving commodities, including projects
implemented by private voluntary organizations, are identified as
provided by the people of the United States.'.
(b) Functions of the Under Secretary of State for Public Diplomacy-
(1) AMENDMENT- Section 1(b)(3) of such Act (22 U.S.C.
2651a(b)(3)) is amended by adding at the end the following new
sentence: `The Under Secretary for Public Diplomacy shall--
`(A) prepare an annual strategic plan for public
diplomacy in collaboration with overseas posts and in consultation with
the regional and functional bureaus of the Department;
`(B) ensure the design and implementation of appropriate program evaluation methodologies;
`(C) provide guidance to Department personnel in
the United States and overseas who conduct or implement public
diplomacy policies, programs, and activities;
`(D) assist the United States Agency for
International Development and the Broadcasting Board of Governors to
present the policies of the United States clearly and effectively; and
`(E) submit statements of United States policy and
editorial material to the Broadcasting Board of Governors for broadcast
consideration.'.
(2) CONSULTATION- The Under Secretary of State for
Public Diplomacy, in carrying out the responsibilities described in
section 1(b)(3) of such Act (as amended by paragraph (1)), shall
consult with public diplomacy officers operating at United States
overseas posts and in the regional bureaus of the Department of State.
SEC. 7110. PUBLIC DIPLOMACY TRAINING.
(a) STATEMENT OF POLICY- The following should be the policy of the United States:
(1) The Foreign Service should recruit individuals with expertise and professional experience in public diplomacy.
(2) United States chiefs of mission should have a
prominent role in the formulation of public diplomacy strategies for
the countries and regions to which they are assigned and should be
accountable for the operation and success of public diplomacy efforts
at their posts.
(3) Initial and subsequent training of Foreign Service
officers should be enhanced to include information and training on
public diplomacy and the tools and technology of mass communication.
(1) QUALIFICATIONS- In the recruitment, training, and assignment of members of the Foreign Service, the Secretary of State--
(A) should emphasize the importance of public diplomacy and applicable skills and techniques;
(B) should consider the priority recruitment into
the Foreign Service, including at middle-level entry, of individuals
with expertise and professional experience in public diplomacy, mass
communications, or journalism; and
(C) shall give special consideration to individuals with language facility and experience in particular countries and regions.
(2) LANGUAGES OF SPECIAL INTEREST- The Secretary of
State shall seek to increase the number of Foreign Service officers
proficient in languages spoken in countries with predominantly Muslim
populations. Such increase should be accomplished through the
recruitment of new officers and incentives for officers in service.
(c) PUBLIC DIPLOMACY SUGGESTED FOR PROMOTION IN FOREIGN
SERVICE- Section 603(b) of the Foreign Service Act of 1980 (22 U.S.C.
4003(b)) is amended by adding at the end the following: `The precepts
for selection boards shall include, whether the member of the Service
or the member of the Senior Foreign Service, as the case may be, has
demonstrated--
(1) a willingness and ability to explain United States
policies in person and through the media when occupying positions for
which such willingness and ability is, to any degree, an element of the
member's duties, or
(2) other experience in public diplomacy.
SEC. 7111. PROMOTING DEMOCRACY AND HUMAN RIGHTS AT INTERNATIONAL ORGANIZATIONS.
(a) SUPPORT AND EXPANSION OF DEMOCRACY CAUCUS-
(1) IN GENERAL- The President, acting through the
Secretary of State and the relevant United States chiefs of mission,
should--
(A) continue to strongly support and seek to expand
the work of the democracy caucus at the United Nations General Assembly
and the United Nations Human Rights Commission; and
(B) seek to establish a democracy caucus at the
United Nations Conference on Disarmament and at other broad-based
international organizations.
(2) PURPOSES OF THE CAUCUS- A democracy caucus at an international organization should--
(A) forge common positions, including, as
appropriate, at the ministerial level, on matters of concern before the
organization and work within and across regional lines to promote
agreed positions;
(B) work to revise an increasingly outmoded system of membership selection, regional voting, and decisionmaking; and
(C) establish a rotational leadership agreement to
provide member countries an opportunity, for a set period of time, to
serve as the designated president of the caucus, responsible for
serving as its voice in each organization.
(b) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL
ORGANIZATIONS- The President, acting through the Secretary of State,
the relevant United States chiefs of mission, and, where appropriate,
the Secretary of the Treasury, should use the voice, vote, and
influence of the United States to--
(1) where appropriate, reform the criteria for
leadership and, in appropriate cases, for membership, at all United
Nations bodies and at other international organizations and
multilateral institutions to which the United States is a member so as
to exclude countries that violate the principles of the specific
organization;
(2) make it a policy of the United Nations and other
international organizations and multilateral institutions of which the
United States is a member that a member country may not stand in
nomination for membership or in nomination or in rotation for a
significant leadership position in such bodies if the member country is
subject to sanctions imposed by the United Nations Security Council; and
(3) work to ensure that no member country stand in
nomination for membership, or in nomination or in rotation for a
significant leadership position in such organizations, or for
membership on the United Nations Security Council, if the government of
the member country has been determined by the Secretary of State to
have repeatedly provided support for acts of international terrorism.
(c) INCREASED TRAINING IN MULTILATERAL DIPLOMACY-
(1) STATEMENT OF POLICY- It shall be the policy of the
United States that training courses should be established for Foreign
Service Officers and civil service employees of the State Department,
including appropriate chiefs of mission, on the conduct of multilateral
diplomacy, including the conduct of negotiations at international
organizations and multilateral institutions, negotiating skills that
are required at multilateral settings, coalition-building techniques,
and lessons learned from previous United States multilateral
negotiations.
(A) IN GENERAL- The Secretary shall ensure that the
training described in paragraph (1) is provided at various stages of
the career of members of the Service.
(B) ACTIONS OF THE SECRETARY- The Secretary shall ensure that--
(i) officers of the Service receive training on
the conduct of diplomacy at international organizations and other
multilateral institutions and at broad-based multilateral negotiations
of international instruments as part of their training upon entry into
the Service; and
(ii) officers of the Service, including chiefs
of mission, who are assigned to United States missions representing the
United States to international organizations and other multilateral
institutions or who are assigned in Washington, D.C., to positions that
have as their primary responsibility formulation of policy toward such
organizations and institutions or toward participation in broad-based
multilateral negotiations of international instruments, receive
specialized training in the areas described in paragraph (1) prior to
beginning of service for such assignment or, if receiving such training
at that time is not practical, within the first year of beginning such
assignment.
(3) TRAINING FOR CIVIL SERVICE EMPLOYEES- The Secretary
shall ensure that employees of the Department of State who are members
of the civil service and who are assigned to positions described in
paragraph (2) receive training described in paragraph (1) prior to the
beginning of service for such assignment or, if receiving such training
at such time is not practical, within the first year of beginning such
assignment.
SEC. 7112. EXPANSION OF UNITED STATES SCHOLARSHIP AND EXCHANGE PROGRAMS IN 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) DECLARATION OF POLICY- Consistent with the report of
the National Commission on Terrorist Attacks Upon the United States,
Congress declares that--
(1) the United States should commit to a long-term and
sustainable investment in promoting engagement with people of all
levels of society in countries with predominantly Muslim populations,
particularly with youth and those who influence youth;
(2) such an investment should make use of the talents
and resources in the private sector and should include programs to
increase the number of people who can be exposed to the United States
and its fundamental ideas and values in order to dispel misconceptions;
and
(3) such programs should include youth exchange
programs, young ambassadors programs, international visitor programs,
academic and cultural exchange programs, American Corner programs,
library programs, journalist exchange programs, sister city programs,
and other programs related to people-to-people diplomacy.
(c) SENSE OF CONGRESS- It is the sense of Congress that the
United States should significantly increase its investment in the
people-to-people programs described in subsection (b).
(d) 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 Muslim world.
(e) AVAILABILITY OF FUNDS- Of the amounts authorized to be
appropriated in each of the fiscal years 2005 and 2006 for educational
and cultural exchange programs, there shall be 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. 7113. PILOT PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
(a) FINDINGS- Congress makes the following findings:
(1) During the 2003-2004 school year, the Office of
Overseas Schools of the Department of State is financially assisting
189 elementary and secondary schools in foreign countries.
(2) United States-sponsored elementary and secondary
schools are located in more than 20 countries with predominantly Muslim
populations in the Near East, Africa, South Asia, Central Asia, and
East Asia.
(3) United States-sponsored elementary and secondary
schools provide an American-style education in English, with curricula
that typically include an emphasis on the development of critical
thinking and analytical skills.
(b) STATEMENT OF POLICY- The United States has an interest
in increasing the level of financial support provided to United
States-sponsored elementary and secondary schools in countries with
predominantly Muslim populations in order to--
(1) increase the number of students in such countries who attend such schools;
(2) increase the number of young people who may thereby
gain at any early age an appreciation for the culture, society, and
history of the United States; and
(3) increase the number of young people who may thereby improve their proficiency in the English language.
(c) PILOT PROGRAM- The Secretary of State, acting through
the Director of the Office of Overseas Schools of the Department of
State, may conduct a pilot program to make grants to United
States-sponsored elementary and secondary schools in countries with
predominantly Muslim populations for the purpose of providing full or
partial merit-based scholarships to students from lower-income and
middle-income families of such countries to attend such schools.
(d) DETERMINATION OF ELIGIBLE STUDENTS- For purposes of the
pilot program, a United States-sponsored elementary and secondary
school that receives a grant under the pilot program may establish
criteria to be implemented by such school to determine what constitutes
lower-income and middle-income families in the country (or region of
the country, if regional variations in income levels in the country are
significant) in which such school is located.
(e) RESTRICTION ON USE OF FUNDS- Amounts appropriated to
the Secretary of State pursuant to the authorization of appropriations
in subsection (h) shall be used for the sole purpose of making grants
under this section, and may not be used for the administration of the
Office of Overseas Schools of the Department of State or for any other
activity of the Office.
(f) VOLUNTARY PARTICIPATION- Nothing in this section shall
be construed to require participation in the pilot program by a United
States-sponsored elementary or secondary school in a predominantly
Muslim country.
(g) REPORT- Not later than April 15, 2006, the Secretary of
State shall submit to the Committee on International Relations of the
House of Representatives and the Committee on Foreign Relations of the
Senate a report on the pilot program. The report shall assess the
success of the program, examine any obstacles encountered in its
implementation, and address whether it should be continued, and if so,
provide recommendations to increase its effectiveness.
(h) FUNDING- There are authorized to be appropriated to the
Secretary of State for each of the fiscal years 2005 and 2006, unless
otherwise authorized by Congress, such sums as necessary to implement
the pilot program under this section.
SEC. 7114. 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 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 Secretary of State is authorized
to establish through an existing international organization, such as
the United Nations Educational, Science and Cultural Organization
(UNESCO) or other similar body, an International Youth Opportunity Fund
to provide financial assistance for the improvement of public education
in the Middle East and other countries of strategic interest with
predominantly Muslim populations.
(2) INTERNATIONAL PARTICIPATION- The Secretary should
seek the cooperation of the international community in establishing and
generously supporting the Fund.
SEC. 7115. 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 countries with predominantly Muslim populations
are drawing interest from other countries in the Middle East region,
and countries with predominantly Muslim populations can become full
participants in the rules-based global trading system, as the United
States considers lowering its barriers to trade.
(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 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 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. 7116. MIDDLE EAST PARTNERSHIP INITIATIVE.
(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized
to be appropriated for each of fiscal years 2005 and 2006, (unless
otherwise authorized by Congress) such sums as may be necessary for the
Middle East Partnership Initiative.
(b) SENSE OF CONGRESS- It is the sense of Congress that,
given the importance of the rule of law and economic reform to
development in the Middle East, a significant portion of the funds
authorized to be appropriated under subsection (a) should be made
available to promote the rule of law in the Middle East.
SEC. 7117. 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 to counterterrorism.
(b) IN GENERAL- The Secretary of State is authorized in
consultation with relevant United States Government agencies, to
negotiate on a bilateral or multilateral basis, as appropriate,
international agreements under which parties to an agreement work in
partnership to address and interdict acts of international terrorism.
(c) 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 multilateral
strategy to fight 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 the following purposes:
(A) To meet annually, or more frequently as the
President determines appropriate, to develop in common with such other
governments 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, long-term issues that can contribute to strengthening
stability and security in the Middle East.
SEC. 7118. 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) 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.
(2) The capture of al Qaeda financial facilitators has
provided a windfall of intelligence that can be used to continue the
cycle of disruption.
(3) 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 counterterrorism efforts.
SEC. 7119. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) PERIOD OF DESIGNATION- Section 219(a)(4) of the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)) is amended--
(1) in subparagraph (A)--
(A) by striking `Subject to paragraphs (5) and (6), a' and inserting `A'; and
(B) by striking `for a period of 2 years beginning
on the effective date of the designation under paragraph (2)(B)' and
inserting `until revoked under paragraph (5) or (6) or set aside
pursuant to subsection (c)';
(2) by striking subparagraph (B) and inserting the following:
`(B) REVIEW OF DESIGNATION UPON PETITION-
`(i) IN GENERAL- The Secretary shall review the
designation of a foreign terrorist organization under the procedures
set forth in clauses (iii) and (iv) if the designated organization
files a petition for revocation within the petition period described in
clause (ii).
`(ii) PETITION PERIOD- For purposes of clause (i)--
`(I) if the designated organization has not
previously filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date on which the designation
was made; or
`(II) if the designated organization has
previously filed a petition for revocation under this subparagraph, the
petition period begins 2 years after the date of the determination made
under clause (iv) on that petition.
`(iii) PROCEDURES- Any foreign terrorist
organization that submits a petition for revocation under this
subparagraph must provide evidence in that petition that the relevant
circumstances described in paragraph (1) are sufficiently different
from the circumstances that were the basis for the designation such
that a revocation with respect to the organization is warranted.
`(I) IN GENERAL- Not later than 180 days
after receiving a petition for revocation submitted under this
subparagraph, the Secretary shall make a determination as to such
revocation.
`(II) CLASSIFIED INFORMATION- The Secretary
may consider classified information in making a determination in
response to a petition for revocation. Classified information shall not
be subject to disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
`(III) PUBLICATION OF DETERMINATION- A
determination made by the Secretary under this clause shall be
published in the Federal Register.
`(IV) PROCEDURES- Any revocation by the Secretary shall be made in accordance with paragraph (6).'; and
(3) by adding at the end the following:
`(C) OTHER REVIEW OF DESIGNATION-
`(i) IN GENERAL- If in a 5-year period no
review has taken place under subparagraph (B), the Secretary shall
review the designation of the foreign terrorist organization in order
to determine whether such designation should be revoked pursuant to
paragraph (6).
`(ii) PROCEDURES- If a review does not take
place pursuant to subparagraph (B) in response to a petition for
revocation that is filed in accordance with that subparagraph, then the
review shall be conducted pursuant to procedures established by the
Secretary. The results of such review and the applicable procedures
shall not be reviewable in any court.
`(iii) PUBLICATION OF RESULTS OF REVIEW- The
Secretary shall publish any determination made pursuant to this
subparagraph in the Federal Register.'.
(b) ALIASES- Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by inserting after subsection (a) the following new subsection (b):
`(b) AMENDMENTS TO A DESIGNATION-
`(1) IN GENERAL- The Secretary may amend a designation
under this subsection if the Secretary finds that the organization has
changed its name, adopted a new alias, dissolved and then reconstituted
itself under a different name or names, or merged with another
organization.
`(2) PROCEDURE- Amendments made to a designation in
accordance with paragraph (1) shall be effective upon publication in
the Federal Register. Subparagraphs (B) and (C) of subsection (a)(2)
shall apply to an amended designation upon such publication. Paragraphs
(2)(A)(i), (4), (5), (6), (7), and (8) of subsection (a) shall also
apply to an amended designation.
`(3) ADMINISTRATIVE RECORD- The administrative record
shall be corrected to include the amendments as well as any additional
relevant information that supports those amendments.
`(4) CLASSIFIED INFORMATION- The Secretary may consider
classified information in amending a designation in accordance with
this subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that such
information may be disclosed to a court ex parte and in camera for
purposes of judicial review under subsection (c).'.
(c) TECHNICAL AND CONFORMING AMENDMENTS- Section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) is amended--
(A) in paragraph (3)(B), by striking `subsection (b)' and inserting `subsection (c)';
(B) in paragraph (6)(A)--
(i) in the matter preceding clause (i), by
striking `or a redesignation made under paragraph (4)(B)' and inserting
`at any time, and shall revoke a designation upon completion of a
review conducted pursuant to subparagraphs (B) and (C) of paragraph
(4)'; and
(ii) in clause (i), by striking `or redesignation';
(C) in paragraph (7), by striking `, or the revocation of a redesignation under paragraph (6),'; and
(i) by striking `, or if a redesignation under this subsection has become effective under paragraph (4)(B),'; and
(ii) by striking `or redesignation'; and
(2) in subsection (c), as so redesignated--
(A) in paragraph (1), by striking `of the
designation in the Federal Register,' and all that follows through
`review of the designation' and inserting `in the Federal Register of a
designation, an amended designation, or a determination in response to
a petition for revocation, the designated organization may seek
judicial review';
(B) in paragraph (2), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation';
(C) in paragraph (3), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation'; and
(D) in paragraph (4), by inserting `, amended
designation, or determination in response to a petition for revocation'
after `designation' each place that term appears.
(d) SAVINGS PROVISION- For purposes of applying section 219
of the Immigration and Nationality Act on or after the date of
enactment of this Act, the term `designation', as used in that section,
includes all redesignations made pursuant to section 219(a)(4)(B) of
the Immigration and Nationality Act (8 U.S.C. 1189(a)(4)(B)) prior to
the date of enactment of this Act, and such redesignations shall
continue to be effective until revoked as provided in paragraph (5) or
(6) of section 219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)).
SEC. 7120. REPORT TO CONGRESS.
(a) IN GENERAL- Not later than 180 days after the date of
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 subtitle.
(b) CONTENTS- 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 the terrorist sanctuaries that exist;
(B) an outline of strategies, tactics, and tools
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 elicit the cooperation needed to identify and address terrorist
sanctuaries that may exist unknown to governments; 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 a United
States strategy to engage with Pakistan and to support it over the long
term, including--
(A) recommendations on the composition and levels
of assistance required in future years, with special consideration of
the proper balance between security assistance and other forms of
assistance;
(B) a description of the composition and levels of
assistance, other than security assistance, at present and in the
recent past, structured to permit a comparison of current and past
practice with that recommended for the future;
(C) measures that could be taken to ensure that all
forms of foreign assistance to Pakistan have the greatest possible
long-term positive impact on the welfare of the Pakistani people and on
the ability of Pakistan to cooperate in global efforts against terror;
and
(D) measures that could be taken to alleviate
difficulties, misunderstandings, and complications in the relationship
between the United States and Pakistan.
(3) 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, including a description of--
(A) steps that could usefully be taken to
institutionalize and make more transparent government to government
relationships between the United States and Saudi Arabia, including the
utility of undertaking periodic, formal, and visible high-level
dialogues between government officials of both countries to address
challenges in the relationship between the 2 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 increase the contribution of Saudi
Arabia to the stability of the Middle East and the Islamic world,
particularly to the Middle East peace process, by eliminating support
from or within Saudi Arabia for extremist groups or tendencies;
(D) political and economic reform in Saudi Arabia and throughout the Islamic world;
(E) ways to promote greater tolerance and respect
for cultural and religious diversity in Saudi Arabia and throughout the
Islamic world; and
(F) ways to assist the Government of Saudi Arabia
in reversing the impact of any financial, moral, intellectual, or other
support provided in the past from Saudi sources to extremist groups in
Saudi Arabia and other countries, and to prevent this support from
continuing in the future.
(4) 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.
(5) 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 predominantly Muslim
populations, including increasing appearances by United States
Government officials, experts, and citizens.
(C) An assessment of the major themes of biased or
false media coverage of the United States in foreign countries and the
actions taken to address this type of media coverage.
(D) 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.
(E) Any recommendations the President may have for
additional funding and legislation necessary to achieve the objectives
of the strategy.
(6) 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 section 7111(b) without compromising the security of the
United States; and
(B) a proposed schedule for implementing any recommendations described in subparagraph (A).
(7) 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 predominantly 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 might be eligible for assistance under the International
Youth Opportunity Fund described in section 7114(b) and related
programs.
(E) A description of the efforts of the United
States to encourage countries in the Middle East and other countries
with predominantly Muslim populations designated by the President to
develop and implement a national education plan.
(F) A description of activities that could be
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 predominantly Muslim populations
designated by the President, international organizations, and other
countries that share the objectives of the International Youth
Opportunity Fund.
(8) ECONOMIC REFORM- A description of the efforts of
the United States Government to encourage development and promote
economic reform in countries that have a predominantly Muslim
population, including a description of--
(A) efforts to integrate countries with predominantly Muslim populations into the global trading system; and
(B) actions that the United States Government,
acting alone and in partnership with governments in the Middle East,
can take to promote intraregional trade and the rule of law in the
region.
(c) FORM OF REPORT- Any report or other matter that is
required to be submitted to Congress (including a committee of
Congress) under this section may contain a classified annex.
SEC. 7121. CASE-ZABLOCKI ACT REQUIREMENTS.
(a) AVAILABILITY OF TREATIES AND INTERNATIONAL
AGREEMENTS- Section 112a of title 1, United States Code, is amended by
adding at the end the following:
`(d) The Secretary of State shall make publicly available
through the Internet website of the Department of State each treaty or
international agreement proposed to be published in the compilation
entitled `United States Treaties and Other International Agreements'
not later than 180 days after the date on which the treaty or agreement
enters into force.'.
(b) Transmission to Congress- Section 112b(a) of title 1,
United States Code, is amended by striking `Committee on Foreign
Affairs' and inserting `Committee on International Relations'.
(c) Report- Section 112b of title 1, United States Code, is amended--
(1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
(2) by inserting after subsection (c) the following:
`(d)(1) The Secretary of State shall annually submit to
Congress a report that contains an index of all international
agreements, listed by country, date, title, and summary of each such
agreement (including a description of the duration of activities under
the agreement and the agreement itself), that the United States--
`(A) has signed, proclaimed, or with reference to which
any other final formality has been executed, or that has been extended
or otherwise modified, during the preceding calendar year; and
`(B) has not been published, or is not proposed to be
published, in the compilation entitled `United States Treaties and
Other International Agreements'.
`(2) The report described in paragraph (1) may be submitted in classified form.'.
(d) Determination of International Agreement- Subsection
(e) of section 112b of title 1, United States Code, as redesignated, is
amended--
(1) by striking `(e) The Secretary of State' and inserting the following:
`(e)(1) Subject to paragraph (2), the Secretary of State'; and
(2) by adding at the end the following:
`(2)(A) An arrangement shall constitute an international
agreement within the meaning of this section (other than subsection
(c)) irrespective of the duration of activities under the arrangement
or the arrangement itself.
`(B) Arrangements that constitute an international
agreement within the meaning of this section (other than subsection
(c)) include the following:
`(i) A bilateral or multilateral counterterrorism agreement.
`(ii) A bilateral agreement with a country that is
subject to a determination under section 6(j)(1)(A) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)), section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), or
section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)).'.
(e) ENFORCEMENT OF REQUIREMENTS- Section 139(b) of the
Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 is
amended to read as follows:
`(b) Effective Date- Subsection (a) shall take effect 60
days after the date of enactment of the 911 Commission Implementation
Act of 2004 and shall apply during fiscal years 2005, 2006, and 2007.'.
SEC. 7122. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) 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 Director of the National Counterterrorism
Center 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 and an
assessment regarding vulnerabilities within the United States and
foreign travel systems that may be exploited by international
terrorists, human smugglers and traffickers, and their facilitators.
(2) COORDINATION- The strategy shall be developed in coordination with all relevant Federal agencies.
(3) CONTENTS- The strategy may address--
(A) a program for collecting, analyzing,
disseminating, and utilizing information and intelligence regarding
terrorist travel tactics and methods, and outline which Federal
intelligence, diplomatic, and law enforcement agencies will be held
accountable for implementing each element of the strategy;
(B) the intelligence and law enforcement
collection, analysis, operations, and reporting required to identify
and disrupt terrorist travel tactics, practices, patterns, and trends,
and the terrorist travel facilitators, document forgers, human
smugglers, travel agencies, and corrupt border and transportation
officials who assist terrorists;
(C) the training and training materials required by
consular, border, and immigration officials to effectively detect and
disrupt terrorist travel described under subsection (c)(3);
(D) the new technology and procedures required and
actions to be taken to integrate existing counterterrorist travel
document and mobility intelligence into border security processes,
including consular, port of entry, border patrol, maritime, immigration
benefits, and related law enforcement activities;
(E) the actions required to integrate current terrorist mobility intelligence into military force protection measures;
(F) 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;
(G) the actions to be taken 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;
(H) the development and implementation of
procedures to enable the National Counterterrorism Center, or its
designee, to timely receive terrorist travel intelligence and
documentation obtained at consulates and ports of entry, and by law
enforcement officers and military personnel;
(I) the use of foreign and technical assistance to
advance border security measures and law enforcement operations against
terrorist travel facilitators;
(J) the feasibility of developing 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;
(K) the feasibility of digitally transmitting
suspect passport information to a central cadre of specialists, either
as an interim measure until such time as experts described under
subparagraph (J) are available at consular, port of entry, and
immigration benefits offices, or otherwise;
(L) the development of a mechanism to ensure the
coordination and dissemination of terrorist travel intelligence and
operational information among the Department of Homeland Security, the
Department of State, the National Counterterrorism Center, and other
appropriate agencies;
(M) granting consular officers and immigration
adjudicators, as appropriate, the security clearances necessary to
access law enforcement sensitive and intelligence databases; and
(N) how to integrate travel document screening for
terrorism indicators into border screening, and how to integrate the
intelligence community into a robust travel document screening process
to intercept terrorists.
(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 the maximum extent feasible, 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. To the extent possible, technologies acquired and
deployed under this plan shall be compatible with systems used by the
Department of Homeland Security to detect fraudulent documents and
identify genuine 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 7209(b) submitted for identification purposes to a United
States consular, border, or immigration official.
(1) Review, evaluation, and revision of existing training programs- The Secretary of Homeland Security shall--
(A) review and evaluate the training regarding
travel and identity documents, and techniques, patterns, and trends
associated with terrorist travel that is provided to personnel of the
Department of Homeland Security;
(B) in coordination with the Secretary of State,
review and evaluate the training described in subparagraph (A) that is
provided to relevant personnel of the Department of State; and
(C) in coordination with the Secretary of State, develop and implement an initial training and periodic retraining program--
(i) to teach border, immigration, and consular
officials (who inspect or review travel or identity documents as part
of their official duties) how to effectively detect, intercept, and
disrupt terrorist travel; and
(ii) to ensure that the officials described in
clause (i) regularly receive the most current information on such
matters and are periodically retrained on the matters described in
paragraph (2).
(2) Required topics of revised programs- The training program developed under paragraph (1)(C) shall include training in--
(A) methods for identifying fraudulent and genuine travel documents;
(B) methods for detecting terrorist indicators on travel documents and other relevant identity documents;
(C) recognition of travel patterns, tactics, and behaviors exhibited by terrorists;
(D) effective utilization of information contained
in databases and data systems available to the Department of Homeland
Security; and
(E) other topics determined to be appropriate by
the Secretary of Homeland Security, in consultation with the Secretary
of State or the Director of National Intelligence.
(A) DEPARTMENT OF HOMELAND SECURITY-
(i) IN GENERAL- The Secretary of Homeland
Security shall provide all border and immigration officials who inspect
or review travel or identity documents as part of their official duties
with the training described in paragraph (1)(C).
(ii) REPORT TO CONGRESS- Not later than 12
months after the date of enactment of this Act, and annually thereafter
for a period of 3 years, the Secretary of Homeland Security shall
submit a report to Congress that--
(I) describes the number of border and
immigration officials who inspect or review identity documents as part
of their official duties, and the proportion of whom have received the
revised training program described in paragraph (1)(C)(i);
(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III) provides a timetable for completion
of the training described in paragraph (1)(C)(i) for those who have not
received such training; and
(IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(i) IN GENERAL- The Secretary of State shall
provide all consular officers who inspect or review travel or identity
documents as part of their official duties with the training described
in paragraph (1)(C).
(ii) REPORT TO CONGRESS- Not later than 12
months after the date of enactment of this Act, and annually thereafter
for a period of 3 years, the Secretary of State shall submit a report
to Congress that--
(I) describes the number of consular
officers who inspect or review travel or identity documents as part of
their official duties, and the proportion of whom have received the
revised training program described in paragraph (1)(C)(i);
(II) explains the reasons, if any, for not completing the requisite training described in paragraph (1)(C)(i);
(III) provides a timetable for completion
of the training described in paragraph (1)(C)(i) for those who have not
received such training; and
(IV) describes the status of periodic retraining of appropriate personnel described in paragraph (1)(C)(ii).
(4) ASSISTANCE TO OTHERS- The Secretary of Homeland
Security may assist States, Indian tribes, local governments, and
private organizations to establish training programs related to
terrorist travel intelligence.
(5) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated such sums as may be necessary for each of
the fiscal years 2005 through 2009 to carry out the provisions of this
subsection.
(e) ENHANCING CLASSIFIED COUNTERTERRORIST TRAVEL EFFORTS-
(1) IN GENERAL- The Director of National Intelligence
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. 7202. ESTABLISHMENT OF HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) ESTABLISHMENT- There is established a Human
Smuggling and Trafficking Center (referred to in this section as the
`Center').
(b) OPERATION- The Secretary of State, the Secretary of
Homeland Security, and the Attorney General shall operate the Center in
accordance with the Memorandum of Understanding entitled, `Human
Smuggling and Trafficking Center (HSTC), Charter'.
(c) FUNCTIONS- In addition to such other responsibilities as the President may assign, the Center shall--
(1) serve as the focal point for interagency efforts to address terrorist travel;
(2) serve as a clearinghouse with respect to all
relevant information from all Federal Government agencies in support of
the United States strategy to prevent separate, but related, issues of
clandestine terrorist travel and facilitation of migrant smuggling and
trafficking of persons;
(3) ensure cooperation among all relevant policy, law
enforcement, diplomatic, and intelligence agencies of the Federal
Government to improve effectiveness and to convert all information
available to the Federal Government relating to clandestine terrorist
travel and facilitation, migrant smuggling, and trafficking of persons
into tactical, operational, and strategic intelligence that can be used
to combat such illegal activities; and
(4) prepare and submit to Congress, on an annual basis,
a strategic assessment regarding vulnerabilities in the United States
and foreign travel system that may be exploited by international
terrorists, human smugglers and traffickers, and their facilitators.
(d) REPORT- Not later than 180 days after the date of
enactment of this Act, the President shall transmit to Congress a
report regarding the implementation of this section, including a
description of the staffing and resource needs of the Center.
(e) RELATIONSHIP TO THE NCTC- As part of its mission to
combat terrorist travel, the Center shall work to support the efforts
of the National Counterterrorism Center.
SEC. 7203. 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- Section 222(b) of the Immigration
and Nationality Act (8 U.S.C. 1202(b)) 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- Section 222(d) of the
Immigration and Nationality Act (8 U.S.C. 1202(d)) is amended by adding
at the end the following: `All nonimmigrant visa applications shall be
reviewed and adjudicated by a consular officer.'.
(c) Training for Consular Officers in Detection of
Fraudulent Documents- Section 305(a) of the Enhanced Border Security
and Visa Entry Reform Act of 2002 (8 U.S.C. 1734(a)) is amended by
adding at the end the following: `In accordance with section 7201(d) of
the 9/11 Commission Implementation Act of 2004, and 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, in coordination with the Secretary of Homeland
Security, shall 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 1 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 under subparagraph (A) at
a diplomatic or consular post if an employee of the Department of
Homeland Security, who has sufficient training and experience in the
detection of fraudulent documents, is assigned on a full-time basis to
such post under section 428 of the Homeland Security Act of 2002 (6
U.S.C. 236).
SEC. 7204. INTERNATIONAL AGREEMENTS TO TRACK AND CURTAIL TERRORIST TRAVEL THROUGH THE USE OF FRAUDULENTLY OBTAINED DOCUMENTS.
(a) Findings- Congress makes the following findings:
(1) International terrorists travel across
international borders to raise funds, recruit members, train for
operations, escape capture, communicate, and plan and carry out attacks.
(2) The international terrorists who planned and
carried out the attack on the World Trade Center on February 26, 1993,
the attack on the embassies of the United States in Kenya and Tanzania
on August 7, 1998, the attack on the USS Cole on October 12, 2000, and
the attack on the World Trade Center and the Pentagon on September 11,
2001, traveled across international borders to plan and carry out these
attacks.
(3) The international terrorists who planned other
attacks on the United States, including the plot to bomb New York City
landmarks in 1993, the plot to bomb the New York City subway in 1997,
and the millennium plot to bomb Los Angeles International Airport on
December 31, 1999, traveled across international borders to plan and
carry out these attacks.
(4) Many of the international terrorists who planned
and carried out large-scale attacks against foreign targets, including
the attack in Bali, Indonesia, on October 11, 2002, and the attack in
Madrid, Spain, on March 11, 2004, traveled across international borders
to plan and carry out these attacks.
(5) Throughout the 1990s, international terrorists,
including those involved in the attack on the World Trade Center on
February 26, 1993, the plot to bomb New York City landmarks in 1993,
and the millennium plot to bomb Los Angeles International Airport on
December 31, 1999, traveled on fraudulent passports and often had more
than 1 passport.
(6) Two of the September 11, 2001, hijackers were carrying passports that had been manipulated in a fraudulent manner.
(7) The National Commission on Terrorist Attacks Upon
the United States, (commonly referred to as the 9/11 Commission),
stated that `Targeting travel is at least as powerful a weapon against
terrorists as targeting their money.'.
(b) International Agreements To Track and Curtail Terrorist Travel-
(1) INTERNATIONAL AGREEMENT ON LOST, STOLEN, OR
FALSIFIED DOCUMENTS- The President should lead efforts to track and
curtail the travel of terrorists by supporting the drafting, adoption,
and implementation of international agreements, and relevant United
Nations Security Council resolutions to track and stop international
travel by terrorists and other criminals through the use of lost,
stolen, or falsified documents to augment United Nations and other
international anti-terrorism efforts.
(2) CONTENTS OF INTERNATIONAL AGREEMENT- The President
should seek, as appropriate, the adoption or full implementation of
effective international measures to--
(A) share information on lost, stolen, and
fraudulent passports and other travel documents for the purposes of
preventing the undetected travel of persons using such passports and
other travel documents that were obtained improperly;
(B) establish and implement a real-time verification system of passports and other travel documents with issuing authorities;
(C) share with officials at ports of entry in any
such country information relating to lost, stolen, and fraudulent
passports and other travel documents;
(D) encourage countries--
(I) the falsification or counterfeiting of travel documents or breeder documents for any purpose;
(II) the use or attempted use of false documents to obtain a visa or cross a border for any purpose;
(III) the possession of tools or implements used to falsify or counterfeit such documents;
(IV) the trafficking in false or stolen travel documents and breeder documents for any purpose;
(V) the facilitation of travel by a terrorist; and
(VI) attempts to commit, including conspiracies to commit, the crimes specified in subclauses (I) through (V);
(ii) to impose significant penalties to
appropriately punish violations and effectively deter the crimes
specified in clause (i); and
(iii) to limit the issuance of citizenship papers, passports, identification documents, and similar documents to persons--
(I) whose identity is proven to the issuing authority;
(II) who have a bona fide entitlement to or need for such documents; and
(III) who are not issued such documents
principally on account of a disproportional payment made by them or on
their behalf to the issuing authority;
(E) provide technical assistance to countries to help them fully implement such measures; and
(F) permit immigration and border officials--
(i) to confiscate a lost, stolen, or falsified passport at ports of entry;
(ii) to permit the traveler to return to the
sending country without being in possession of the lost, stolen, or
falsified passport; and
(iii) to detain and investigate such traveler upon the return of the traveler to the sending country.
(3) INTERNATIONAL CIVIL AVIATION ORGANIZATION- The
United States shall lead efforts to track and curtail the travel of
terrorists by supporting efforts at the International Civil Aviation
Organization to continue to strengthen the security features of
passports and other travel documents.
(1) IN GENERAL- Not later than 1 year after the date of
enactment of this Act, and at least annually thereafter, the President
shall submit to the appropriate congressional committees a report on
progress toward achieving the goals described in subsection (b).
(2) TERMINATION- Paragraph (1) shall cease to be
effective when the President certifies to the Committee on
International Relations of the House of Representatives and the
Committee on Foreign Relations of the Senate that the goals described
in subsection (b) have been fully achieved.
SEC. 7205. INTERNATIONAL STANDARDS FOR TRANSLITERATION OF NAMES INTO
THE ROMAN ALPHABET FOR INTERNATIONAL TRAVEL DOCUMENTS AND NAME-BASED
WATCHLIST SYSTEMS.
(a) Findings- Congress makes the following findings:
(1) The current lack of a single convention for
translating Arabic names enabled some of the 19 hijackers of aircraft
used in the terrorist attacks against the United States that occurred
on September 11, 2001, to vary the spelling of their names to defeat
name-based terrorist watchlist systems and to make more difficult any
potential efforts to locate them.
(2) Although the development and utilization of
terrorist watchlist systems using biometric identifiers will be
helpful, the full development and utilization of such systems will take
several years, and name-based terrorist watchlist systems will always
be useful.
(b) Sense of Congress- It is the sense of Congress that the
President should seek to enter into an international agreement to
modernize and improve standards for the transliteration of names into
the Roman alphabet in order to ensure 1 common spelling for such names
for international travel documents and name-based watchlist systems.
SEC. 7206. IMMIGRATION SECURITY INITIATIVE.
(a) In General- Section 235A(b) of the Immigration and Nationality Act (8 U.S.C. 1225a(b)) is amended--
(1) in the subsection heading, by inserting `and Immigration Security Initiative' after `Program';
(2) by striking `Attorney General' and inserting `Secretary of Homeland Security'; and
(3) by adding at the end the following: `Beginning not
later than December 31, 2006, the number of airports selected for an
assignment under this subsection shall be at least 50.'.
(b) Authorization of Appropriations- There are authorized
to be appropriated to the Secretary of Homeland Security to carry out
the amendments made by subsection (a)--
(1) $25,000,000 for fiscal year 2005;
(2) $40,000,000 for fiscal year 2006; and
(3) $40,000,000 for fiscal year 2007.
SEC. 7207. CERTIFICATION REGARDING TECHNOLOGY FOR VISA WAIVER PARTICIPANTS.
Not later than October 26, 2006, the Secretary of State
shall certify to Congress which of the countries designated to
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.
SEC. 7208. BIOMETRIC ENTRY AND EXIT DATA SYSTEM.
(a) FINDING- 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) POLICIES AND PROCEDURES-
(A) ESTABLISHMENT- The Secretary of Homeland
Security 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.
(B) TRAINING- The Secretary shall develop training
on the rules, guidelines, policies, and procedures established under
subparagraph (A), and on immigration law and procedure. All personnel
authorized to access information maintained in the databases and data
system shall receive such training.
(2) DATA COLLECTED FROM FOREIGN NATIONALS- The
Secretary of Homeland Security, the Secretary of State, and the
Attorney General, after consultation with directors of the relevant
intelligence agencies, shall standardize the information and data
collected from foreign nationals, and the procedures utilized to
collect such data, to ensure that the information is consistent and
valuable to officials accessing that data across multiple agencies.
(3) 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 and for limiting access to the
information in the databases or data systems to authorized personnel.
(4) REQUIREMENTS- The rules, guidelines, policies, and procedures established under this subsection shall--
(A) incorporate a simple and timely method for--
(i) correcting errors in a timely and effective manner;
(ii) determining which government officer provided data so that the accuracy of the data can be ascertained; and
(iii) clarifying information known to cause false hits or misidentification errors;
(B) include procedures for individuals to--
(i) seek corrections of data contained in the databases or data systems; and
(ii) appeal decisions concerning data contained in the databases or data systems;
(C) strictly limit the agency personnel authorized to enter data into the system;
(D) identify classes of information to be
designated as temporary or permanent entries, with corresponding
expiration dates for temporary entries; and
(E) identify classes of prejudicial information requiring additional authority of supervisory personnel before entry.
(5) CENTRALIZING AND STREAMLINING CORRECTION PROCESS-
(A) IN GENERAL- The President, or agency director
designated by the President, shall establish a clearinghouse bureau in
the Department of Homeland Security, to centralize and streamline the
process through which members of the public can seek corrections to
erroneous or inaccurate information contained in agency databases,
which is related to immigration status, or which otherwise impedes
lawful admission to the United States.
(B) TIME SCHEDULES- The process described in
subparagraph (A) shall include specific time schedules for reviewing
data correction requests, rendering decisions on such requests, and
implementing appropriate corrective action in a timely manner.
(g) INTEGRATED BIOMETRIC ENTRY-EXIT SCREENING SYSTEM- The
biometric entry and exit data system shall facilitate efficient
immigration benefits processing by--
(1) ensuring that the system's tracking capabilities
encompass data related to all immigration benefits processing,
including--
(A) visa applications with the Department of State;
(B) immigration related filings with the Department of Labor;
(C) cases pending before the Executive Office for Immigration Review; and
(D) matters pending or under investigation before the Department of Homeland Security;
(2) utilizing a biometric based identity number tied to
an applicant's biometric algorithm established under the entry and exit
data system to track all immigration related matters concerning the
applicant;
(A) all information about an applicant's
immigration related history, including entry and exit history, can be
queried through electronic means; and
(B) database access and usage guidelines include stringent safeguards to prevent misuse of data;
(4) providing real-time updates to the information
described in paragraph (3)(A), including pertinent data from all
agencies referred to in paragraph (1); and
(5) providing continuing education in counterterrorism
techniques, tools, and methods for all Federal personnel employed in
the evaluation of immigration documents and immigration-related policy.
(h) ENTRY-EXIT SYSTEM GOALS- The Department of Homeland
Security shall operate the biometric entry and exit system so that it--
(1) serves as a vital counterterrorism tool;
(2) screens travelers efficiently and in a welcoming manner;
(3) provides inspectors and related personnel with adequate real-time information;
(4) ensures flexibility of training and security protocols to most effectively comply with security mandates;
(5) integrates relevant databases and plans for database modifications to address volume increase and database usage; and
(6) improves database search capacities by utilizing language algorithms to detect alternate names.
(i) DEDICATED SPECIALISTS AND FRONT LINE PERSONNEL
TRAINING- In implementing the provisions of subsections (g) and (h),
the Department of Homeland Security and the Department of State shall--
(1) develop cross-training programs that focus on the scope and procedures of the entry and exit data system;
(2) provide extensive community outreach and education on the entry and exit data system's procedures;
(3) provide clear and consistent eligibility guidelines for applicants in low-risk traveler programs; and
(4) establish ongoing training modules on immigration
law to improve adjudications at our ports of entry, consulates, and
embassies.
(j) COMPLIANCE STATUS REPORTS- Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland Security,
the Secretary of State, the Attorney General, and the head of any other
department or agency subject to the requirements of this section, shall
issue individual status reports and a joint status report detailing the
compliance of the department or agency with each requirement under this
section.
(k) EXPEDITING REGISTERED TRAVELERS ACROSS INTERNATIONAL BORDERS-
(1) FINDINGS- Consistent with the report of the
National Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
(A) Expediting the travel of previously screened
and known travelers across the borders of the United States should be a
high priority.
(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.
(l) 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. 7209. TRAVEL DOCUMENTS.
(a) FINDINGS- Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
(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.
(3) Additional safeguards are needed to ensure that terrorists cannot enter the United States.
(1) DEVELOPMENT OF PLAN- The Secretary of Homeland
Security, in consultation with the Secretary of State, shall develop
and implement a plan as expeditiously as possible to require a passport
or other document, or combination of documents, deemed by the Secretary
of Homeland Security to be sufficient to denote identity and
citizenship, 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)). This plan
shall be implemented not later than January 1, 2008, and shall seek to
expedite the travel of frequent travelers, including those who reside
in border communities, and in doing so, shall make readily available a
registered traveler program (as described in section 7208(k)).
(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 Homeland Security
determines that the alternative documentation that is the basis for the
waiver of the documentary requirement is sufficient to denote identity
and citizenship;
(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. 7210. 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 makes the following findings:
(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.
(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 Federal Government should exchange terrorist information with trusted allies;
(2) the Federal Government should move toward real-time verification of passports with issuing authorities;
(3) where practicable, the Federal Government should
conduct screening before a passenger departs on a flight destined for
the United States;
(4) the Federal Government should work with other countries to ensure effective inspection regimes at all airports;
(5) the Federal 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 Federal 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 Federal 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 before
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;
(D) the Committee on International Relations of the House of Representatives;
(E) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(F) the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
SEC. 7211. MINIMUM STANDARDS FOR BIRTH CERTIFICATES.
(a) 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 AMENDMENT- Section 656 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (5
U.S.C. 301 note) is repealed.
SEC. 7212. 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) standards for information to be included on each driver's license or personal identification card, including--
(i) the person's full legal name;
(ii) the person's date of birth;
(iii) the person's gender;
(iv) the person's driver's license or personal identification card number;
(v) a digital photograph of the person;
(vi) the person's address of principal residence; and
(vii) the person's signature;
(E) standards for common machine-readable identity
information to be included on each driver's license or personal
identification card, including defined minimum data elements;
(F) 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
(G) 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 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.
(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. 7213. SOCIAL SECURITY CARDS AND NUMBERS.
(a) SECURITY ENHANCEMENTS- The Commissioner of Social Security shall--
(1) not later than 1 year after the date of enactment of this Act--
(A) restrict the issuance of multiple replacement
social security cards to any individual to 3 per year and 10 for the
life of the individual, except that the Commissioner may allow for
reasonable exceptions from the limits under this paragraph on a
case-by-case basis in compelling circumstances;
(B) establish minimum standards for the
verification of documents or records submitted by an individual to
establish eligibility for an original or replacement social security
card, other than for purposes of enumeration at birth; and
(C) require independent verification of any birth
record submitted by an individual to establish eligibility for a social
security account number, other than for purposes of enumeration at
birth, except that the Commissioner may allow for reasonable exceptions
from the requirement for independent verification under this
subparagraph on a case by case basis in compelling circumstances; and
(2) notwithstanding section 205(r) of the Social
Security Act (42 U.S.C. 405(r)) and any agreement entered into
thereunder, not later than 18 months after the date of enactment of
this Act with respect to death indicators and not later than 36 months
after the date of enactment of this Act with respect to fraud
indicators, add death and fraud indicators to the social security
number verification systems for employers, State agencies issuing
driver's licenses and identity cards, and other verification routines
that the Commissioner determines to be appropriate.
(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 18 months after the date of enactment of this Act, the
task force shall establish, and the Commissioner shall provide for the
implementation of, security requirements, including--
(1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft;
(2) requirements for verifying documents submitted for the issuance of replacement cards; and
(3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards.
(c) ENUMERATION AT BIRTH-
(1) Improvement of application process- As soon as
practicable after the date of enactment of this Act, the Commissioner
of Social Security shall undertake to make improvements to the
enumeration at birth program for the issuance of social security
account numbers to newborns. Such improvements shall be designed to
prevent--
(A) the assignment of social security account numbers to unnamed children;
(B) the issuance of more than 1 social security account number to the same child; and
(C) other opportunities for fraudulently obtaining a social security account number.
(2) REPORT TO CONGRESS- Not later than 1 year after the
date of enactment of this Act, the Commissioner shall transmit to each
House of Congress a report specifying in detail the extent to which the
improvements required under paragraph (1) have been made.
(d) Study Regarding Process for Enumeration at Birth-
(1) IN GENERAL- As soon as practicable after the date
of enactment of this Act, the Commissioner of Social Security shall
conduct a study to determine the most efficient options for ensuring
the integrity of the process for enumeration at birth. This study shall
include an examination of available methods for reconciling hospital
birth records with birth registrations submitted to agencies of States
and political subdivisions thereof and with information provided to the
Commissioner as part of the process for enumeration at birth.
(A) IN GENERAL- Not later than 18 months after the
date of enactment of this Act, the Commissioner shall submit a report
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate regarding the results of the
study conducted under paragraph (1).
(B) CONTENTS- The report submitted under
subparagraph (A) shall contain such recommendations for legislative
changes as the Commissioner considers necessary to implement needed
improvements in the process for enumeration at birth.
(e) 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. 7214. PROHIBITION OF THE DISPLAY OF SOCIAL SECURITY ACCOUNT NUMBERS ON DRIVER'S LICENSES OR MOTOR VEHICLE REGISTRATIONS.
(a) In General- Section 205(c)(2)(C)(vi) of the Social Security Act (42 U.S.C. 405(c)(2)(C)(vi)) is amended--
(1) by inserting `(I)' after `(vi)'; and
(2) by adding at the end the following new subclause:
`(II) Any State or political subdivision thereof (and any
person acting as an agent of such an agency or instrumentality), in the
administration of any driver's license or motor vehicle registration
law within its jurisdiction, may not display a social security account
number issued by the Commissioner of Social Security (or any derivative
of such number) on any driver's license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2) of the
9/11 Commission Implementation Act of 2004), or include, on any such
license, registration, or personal identification card, a magnetic
strip, bar code, or other means of communication which conveys such
number (or derivative thereof).'.
(b) Effective Date- The amendment made by subsection (a)(2)
shall apply with respect to licenses, registrations, and identification
cards issued or reissued 1 year after the date of enactment of this Act.
(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. 7215. TERRORIST TRAVEL PROGRAM.
The Secretary of Homeland Security, in consultation with
the Director of the National Counterterrorism Center, and consistent
with the strategy developed under section 7201, shall establish a
program to oversee the implementation of the Department's
responsibilities with respect to terrorist travel, including the
analysis, coordination, and dissemination of terrorist travel
intelligence and operational information--
(1) among appropriate subdivisions of the Department of Homeland Security, including--
(A) the Bureau of Customs and Border Protection;
(B) United States Immigration and Customs Enforcement;
(C) United States Citizenship and Immigration Services;
(D) the Transportation Security Administration; and
(E) any other subdivision, as determined by the Secretary; and
(2) between the Department of Homeland Security and other appropriate Federal agencies.
SEC. 7216. INCREASE IN PENALTIES FOR FRAUD AND RELATED ACTIVITY.
Section 1028(b)(4) of title 18, United States Code, is amended by striking `25 years' and inserting `30 years'.
SEC. 7217. STUDY ON ALLEGEDLY LOST OR STOLEN PASSPORTS.
(a) In General- Not later than May 31, 2005, the
Secretary of State, in consultation with the Secretary of Homeland
Security, shall submit a report, containing the results of a study on
the subjects described in subsection (b), to--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on the Judiciary of the House of Representatives;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on International Relations of the House of Representatives;
(5) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(6) the Select Committee on Homeland Security of the House of Representatives (or any successor committee).
(b) Contents- The study referred to in subsection (a) shall
examine the feasibility, cost, potential benefits, and relative
importance to the objectives of tracking suspected terrorists' travel,
and apprehending suspected terrorists, of establishing a system, in
coordination with other countries, through which border and visa
issuance officials have access in real-time to information on newly
issued passports to persons whose previous passports were allegedly
lost or stolen.
(c) Incentives- The study described in subsection (b) shall
make recommendations on incentives that might be offered to encourage
foreign nations to participate in the initiatives described in
subsection (b).
SEC. 7218. ESTABLISHMENT OF VISA AND PASSPORT SECURITY PROGRAM IN THE DEPARTMENT OF STATE.
(a) Establishment- There is established, within the
Bureau of Diplomatic Security of the Department of State, the Visa and
Passport Security Program (in this section referred to as the
`Program').
(b) PREPARATION OF STRATEGIC PLAN-
(1) IN GENERAL- The Assistant Secretary for Diplomatic
Security, in coordination with the appropriate officials of the Bureau
of Consular Affairs, the coordinator for counterterrorism, the National
Counterterrorism Center, and the Department of Homeland Security, and
consistent with the strategy mandated by section 7201, shall ensure the
preparation of a strategic plan to target and disrupt individuals and
organizations, within the United States and in foreign countries, that
are involved in the fraudulent production, distribution, use, or other
similar activity--
(A) of a United States visa or United States passport;
(B) of documents intended to help fraudulently
procure a United States visa or United States passport, or other
documents intended to gain unlawful entry into the United States; or
(C) of passports and visas issued by foreign countries intended to gain unlawful entry into the United States.
(2) EMPHASIS- The strategic plan shall--
(A) focus particular emphasis on individuals and
organizations that may have links to domestic terrorist organizations
or foreign terrorist organizations (as such term is defined in section
219 of the Immigration and Nationality Act (8 U.S.C. 1189));
(B) require the development of a strategic training
course under the Antiterrorism Assistance Training (ATA) program of the
Department of State (or any successor or related program) under chapter
8 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa et
seq.) (or other relevant provisions of law) to train participants in
the identification of fraudulent documents and the forensic detection
of such documents which may be used to obtain unlawful entry into the
United States; and
(C) determine the benefits and costs of providing
technical assistance to foreign governments to ensure the security of
passports, visas, and related documents and to investigate, arrest, and
prosecute individuals who facilitate travel by the creation of false
passports and visas, documents to obtain such passports and visas, and
other types of travel documents.
(1) INDIVIDUAL IN CHARGE-
(A) DESIGNATION- The Assistant Secretary for Diplomatic Security shall designate an individual to be in charge of the Program.
(B) QUALIFICATION- The individual designated under
subparagraph (A) shall have expertise and experience in the
investigation and prosecution of visa and passport fraud.
(2) PROGRAM COMPONENTS- The Program shall include the following:
(A) ANALYSIS OF METHODS- Analyze, in coordination
with other appropriate government agencies, methods used by terrorists
to travel internationally, particularly the use of false or altered
travel documents to illegally enter foreign countries and the United
States, and consult with the Bureau of Consular Affairs and the
Secretary of Homeland Security on recommended changes to the visa
issuance process that could combat such methods, including the
introduction of new technologies into such process.
(B) IDENTIFICATION OF INDIVIDUALS AND DOCUMENTS-
Identify, in cooperation with the Human Trafficking and Smuggling
Center, individuals who facilitate travel by the creation of false
passports and visas, documents used to obtain such passports and visas,
and other types of travel documents, and ensure that the appropriate
agency is notified for further investigation and prosecution or, in the
case of such individuals abroad for which no further investigation or
prosecution is initiated, ensure that all appropriate information is
shared with foreign governments in order to facilitate investigation,
arrest, and prosecution of such individuals.
(C) IDENTIFICATION OF FOREIGN COUNTRIES NEEDING
ASSISTANCE- Identify foreign countries that need technical assistance,
such as law reform, administrative reform, prosecutorial training, or
assistance to police and other investigative services, to ensure
passport, visa, and related document security and to investigate,
arrest, and prosecute individuals who facilitate travel by the creation
of false passports and visas, documents used to obtain such passports
and visas, and other types of travel documents.
(D) INSPECTION OF APPLICATIONS- Randomly inspect
visa and passport applications for accuracy, efficiency, and fraud,
especially at high terrorist threat posts, in order to prevent a
recurrence of the issuance of visas to those who submit incomplete,
fraudulent, or otherwise irregular or incomplete applications.
(d) REPORT- Not later than 90 days after the date on which
the strategy required under section 7201 is submitted to Congress, the
Assistant Secretary for Diplomatic Security shall submit to Congress a
report containing--
(1) a description of the strategic plan prepared under subsection (b); and
(2) an evaluation of the feasibility of establishing
civil service positions in field offices of the Bureau of Diplomatic
Security to investigate visa and passport fraud, including an
evaluation of whether to allow diplomatic security agents to convert to
civil service officers to fill such positions.
SEC. 7219. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
SEC. 7220. IDENTIFICATION STANDARDS.
(1) IN GENERAL- The Secretary of Homeland Security--
(A) shall propose minimum standards for
identification documents required of domestic commercial airline
passengers for boarding an aircraft; and
(B) may, from time to time, propose minimum
standards amending or replacing standards previously proposed and
transmitted to Congress and approved under this section.
(2) SUBMISSION TO CONGRESS- Not later than 6 months
after the date of enactment of this Act, the Secretary shall submit the
standards under paragraph (1)(A) to the Senate and the House of
Representatives on the same day while each House is in session.
(3) EFFECTIVE DATE- Any proposed standards submitted to
Congress under this subsection shall take effect when an approval
resolution is passed by the House and the Senate under the procedures
described in subsection (b) and becomes law.
(b) CONGRESSIONAL APPROVAL PROCEDURES-
(1) RULEMAKING POWER- This subsection is enacted by Congress--
(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively, and as such they
are deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in that
House in the case of such approval resolutions; and it supersedes other
rules only to the extent that they are inconsistent therewith; and
(B) with full recognition of the constitutional
right of either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner and to the
same extent as in the case of any other rule of that House.
(2) APPROVAL RESOLUTION- For the purpose of this
subsection, the term `approval resolution' means a joint resolution of
Congress, the matter after the resolving clause of which is as follows:
`That the Congress approves the proposed standards issued under section
7220 of the 9/11 Commission Implementation Act of 2004, transmitted by
the President to the Congress on XXXXXX', the blank space being filled in with the appropriate date.
(3) INTRODUCTION- Not later than the first day of
session following the day on which proposed standards are transmitted
to the House of Representatives and the Senate under subsection (a), an
approval resolution--
(A) shall be introduced (by request) in the House
by the Majority Leader of the House of Representatives, for himself or
herself and the Minority Leader of the House of Representatives, or by
Members of the House of Representatives designated by the Majority
Leader and Minority Leader of the House; and
(B) shall be introduced (by request) in the Senate
by the Majority Leader of the Senate, for himself or herself and the
Minority Leader of the Senate, or by Members of the Senate designated
by the Majority Leader and Minority Leader of the Senate.
(A) AMENDMENTS- No amendment to an approval resolution shall be in order in either the House of Representatives or the Senate.
(B) MOTIONS TO SUSPEND- No motion to suspend the
application of this paragraph shall be in order in either House, nor
shall it be in order in either House for the Presiding Officer to
entertain a request to suspend the application of this paragraph by
unanimous consent.
(A) IN GENERAL- An approval resolution shall be
referred to the committees of the House of Representatives and of the
Senate with jurisdiction. Each committee shall make its recommendations
to the House of Representatives or the Senate, as the case may be,
within 45 days after its introduction. Except as provided in
subparagraph (B), if a committee to which an approval resolution has
been referred has not reported it at the close of the 45th day after
its introduction, such committee shall be automatically discharged from
further consideration of the resolution and it shall be placed on the
appropriate calendar.
(B) FINAL PASSAGE- A vote on final passage of the
resolution shall be taken in each House on or before the close of the
15th day after the resolution is reported by the committee or
committees of that House to which it was referred, or after such
committee or committees have been discharged from further consideration
of the resolution.
(C) COMPUTATION OF DAYS- For purposes of this
paragraph, in computing a number of days in either House, there shall
be excluded any day on which that House is not in session.
(6) COORDINATION WITH ACTION OF OTHER HOUSE- If prior
to the passage by one House of an approval resolution of that House,
that House receives the same approval resolution from the other House,
then the procedure in that House shall be the same as if no approval
resolution has been received from the other House, but the vote on
final passage shall be on the approval resolution of the other House.
(7) FLOOR CONSIDERATION IN THE HOUSE OF REPRESENTATIVES-
(A) MOTION TO PROCEED- A motion in the House of
Representatives to proceed to the consideration of an approval
resolution shall be highly privileged and not debatable. An amendment
to the motion shall not be in order, not shall it be in order to move
to reconsider the vote by which the motion is agreed to or disagreed to.
(B) DEBATE- Debate in the House of Representatives
on an implementing bill or approval resolution shall be limited to not
more than 4 hours, which shall be divided equally between those
favoring and those opposing the resolution. A motion to further limit
debate shall not be debatable. It shall not be in order to move to
recommit an approval resolution or to move to reconsider the vote by
which an approval resolution is agreed to or disagreed to.
(C) MOTION TO POSTPONE- Motions to postpone made in
the House of Representatives with respect to the consideration of an
approval resolution and motions to proceed to the consideration of
other business shall be decided without debate.
(D) APPEALS- All appeals from the decisions of the
Chair relating to the application of the Rules of the House of
Representatives to the procedure relating to an approval resolution
shall be decided without debate.
(E) RULES OF THE HOUSE OF REPRESENTATIVES- Except
to the extent specifically provided in subparagraphs (A) through (D),
consideration of an approval resolution shall be governed by the Rules
of the House of Representatives applicable to other resolutions in
similar circumstances.
(8) FLOOR CONSIDERATION IN THE SENATE-
(A) MOTION TO PROCEED- A motion in the Senate to
proceed to the consideration of an approval resolution shall be
privileged and not debatable. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(B) DEBATE ON RESOLUTION- Debate in the Senate on
an approval resolution, and appeals in connection therewith, shall be
limited to not more than 10 hours, which shall be equally divided
between, and controlled by, the Majority Leader and the Minority
Leader, or their designees.
(C) DEBATE ON MOTIONS AND APPEALS- Debate in the
Senate on any debatable motion or appeal in connection with an approval
resolution shall be limited to not more than 1 hour, which shall be
equally divided between, and controlled by, the mover and the manager
of the resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the Minority Leader or
designee. Such leaders, or either of them, may, from time under their
control on the passage of an approval resolution, allot additional time
to any Senator during the consideration of any debatable motion or
appeal.
(D) LIMIT ON DEBATE- A motion in the Senate to
further limit debate is not debatable. A motion to recommit an approval
resolution is not in order.
(1) IN GENERAL- If the standards proposed under
subsection (a)(1)(A) are not approved pursuant to the procedures
described in subsection (b), then not later than 1 year after rejection
by a vote of either House of Congress, domestic commercial airline
passengers seeking to board an aircraft shall present, for
identification purposes--
(A) a valid, unexpired passport;
(B) domestically issued documents that the Secretary of Homeland Security designates as reliable for identification purposes;
(C) any document issued by the Attorney General or
the Secretary of Homeland Security under the authority of 1 of the
immigration laws (as defined under section 101(a)(17) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(17)); or
(D) a document issued by the country of nationality
of any alien not required to possess a passport for admission to the
United States that the Secretary designates as reliable for
identifications purposes
(2) EXCEPTION- The documentary requirements described in paragraph (1)--
(A) shall not apply to individuals below the age of 17, or such other age as determined by the Secretary of Homeland Security;
(B) may be waived by the Secretary of Homeland Security in the case of an unforeseen medical emergency.
(d) RECOMMENDATION TO CONGRESS- Not later than 1 year after
the date of enactment of this Act, the Secretary of Homeland Security
shall recommend to Congress--
(1) categories of Federal facilities that the Secretary
determines to be at risk for terrorist attack and requiring minimum
identification standards for access to such facilities; and
(2) appropriate minimum identification standards to gain access to those facilities.
Subtitle C--National Preparedness
SEC. 7301. 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 decisionmakers who are represented at the
incident command level help to ensure an effective response, the
efficient use of resources, and responder safety.
(4) The incident command system also enables emergency
managers and first responders to manage, generate, receive, evaluate,
share, and use information.
(5) Regular joint training at all levels is essential to ensuring close coordination during an actual incident.
(6) In Homeland Security Presidential Directive 5, the
President directed the Secretary of Homeland Security to develop an
incident command system, to be known as the National Incident
Management System (NIMS), and directed all Federal agencies to make the
adoption of NIMS a condition for the receipt of Federal emergency
preparedness assistance by States, territories, tribes, and local
governments beginning in fiscal year 2005.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the United States needs to implement the
recommendations of the National Commission on Terrorist Attacks Upon
the United States by adopting a unified incident command system and
significantly enhancing communications connectivity between and among
all levels of government agencies, emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101), and other organizations with emergency response capabilities;
(2) the unified incident command system should enable
emergency managers and first responders to manage, generate, receive,
evaluate, share, and use information in the event of a terrorist attack
or a significant national disaster;
(3) emergency response agencies nationwide should adopt the Incident Command System known as NIMS;
(4) when multiple agencies or multiple jurisdictions are involved, they should follow a unified command system based on NIMS;
(5) the regular use of, and training in, NIMS by States
and, to the extent practicable, territories, tribes, and local
governments, should be a condition for receiving Federal preparedness
assistance; and
(6) 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. 7302. 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, in accordance
with 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) IMMUNITIES- This section shall not abrogate any
other immunities from liability that any party has under any other
Federal or State law.
(e) 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.
(f) 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. 7303. ENHANCEMENT OF PUBLIC SAFETY COMMUNICATIONS INTEROPERABILITY.
(a) COORDINATION OF PUBLIC SAFETY INTEROPERABLE COMMUNICATIONS PROGRAMS-
(1) PROGRAM- The Secretary of Homeland Security, in
consultation with the Secretary of Commerce and the Chairman of the
Federal Communications Commission, shall establish a program to enhance
public safety interoperable communications at all levels of government.
Such program shall--
(A) establish a comprehensive national approach to achieving public safety interoperable communications;
(B) coordinate with other Federal agencies in carrying out subparagraph (A);
(C) develop, in consultation with other appropriate
Federal agencies and State and local authorities, appropriate minimum
capabilities for communications interoperability for Federal, State,
and local public safety agencies;
(D) accelerate, in consultation with other Federal
agencies, including the National Institute of Standards and Technology,
the private sector, and nationally recognized standards organizations
as appropriate, the development of national voluntary consensus
standards for public safety interoperable communications, recognizing--
(i) the value, life cycle, and technical capabilities of existing communications infrastructure;
(ii) the need for cross-border interoperability between States and nations;
(iii) the unique needs of small, rural communities; and
(iv) the interoperability needs for daily operations and catastrophic events;
(E) encourage the development and implementation of
flexible and open architectures incorporating, where possible,
technologies that currently are commercially available, with
appropriate levels of security, for short-term and long-term solutions
to public safety communications interoperability;
(F) assist other Federal agencies in identifying
priorities for research, development, and testing and evaluation with
regard to public safety interoperable communications;
(G) identify priorities within the Department of
Homeland Security for research, development, and testing and evaluation
with regard to public safety interoperable communications;
(H) establish coordinated guidance for Federal grant programs for public safety interoperable communications;
(I) provide technical assistance to State and local
public safety agencies regarding planning, acquisition strategies,
interoperability architectures, training, and other functions necessary
to achieve public safety communications interoperability;
(J) develop and disseminate best practices to improve public safety communications interoperability; and
(K) develop appropriate performance measures and
milestones to systematically measure the Nation's progress toward
achieving public safety communications interoperability, including the
development of national voluntary consensus standards.
(2) OFFICE FOR INTEROPERABILITY AND COMPATIBILITY-
(A) ESTABLISHMENT OF OFFICE- The Secretary may
establish an Office for Interoperability and Compatibility within the
Directorate of Science and Technology to carry out this subsection.
(B) FUNCTIONS- If the Secretary establishes such office, the Secretary shall, through such office--
(i) carry out Department of Homeland Security responsibilities and authorities relating to the SAFECOM Program; and
(ii) carry out section 510 of the Homeland Security Act of 2002, as added by subsection (d).
(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.
(b) Report- Not later than 120 days after the date of
enactment of this Act, the Secretary shall report to the Congress on
Department of Homeland Security plans for accelerating the development
of national voluntary consensus standards for public safety
interoperable communications, a schedule of milestones for such
development, and achievements of such development.
(c) INTERNATIONAL INTEROPERABILITY- Not later than 18
months 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.
(d) HIGH RISK AREA COMMUNICATIONS CAPABILITIES- 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. URBAN AND OTHER HIGH RISK AREA COMMUNICATIONS CAPABILITIES.
`(a) IN GENERAL- 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 provide technical guidance, training, and
other assistance, as appropriate, to support the rapid establishment of
consistent, secure, and effective interoperable communications
capabilities in the event of an emergency in urban and other areas
determined by the Secretary to be at consistently high levels of risk
from terrorist attack.
`(b) MINIMUM CAPABILITIES- The interoperable communications
capabilities established under subsection (a) shall ensure the ability
of all levels of government agencies, emergency response providers (as
defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101)), and other organizations with emergency response capabilities--
`(1) to communicate with each other in the event of an emergency; and
`(2) to have appropriate and timely access to the
Information Sharing Environment described in section 1016 of the
National Security Intelligence Reform Act of 2004.'.
(e) MULTIYEAR INTEROPERABILITY GRANTS-
(1) MULTIYEAR COMMITMENTS- In awarding grants to any
State, region, local government, or Indian tribe for the purposes of
enhancing interoperable communications capabilities for emergency
response providers, the Secretary may commit to obligate Federal
assistance beyond the current fiscal year, subject to the limitations
and restrictions in this subsection.
(A) TIME LIMIT- No multiyear interoperability commitment may exceed 3 years in duration.
(B) AMOUNT OF COMMITTED FUNDS- The total amount of
assistance the Secretary has committed to obligate for any future
fiscal year under paragraph (1) may not exceed $150,000,000.
(A) ISSUANCE- Pursuant to paragraph (1), the
Secretary may issue a letter of intent to an applicant committing to
obligate from future budget authority an amount, not more than the
Federal Government's share of the project's cost, for an
interoperability communications project (including interest costs and
costs of formulating the project).
(B) SCHEDULE- A letter of intent under this
paragraph shall establish a schedule under which the Secretary will
reimburse the applicant for the Federal Government's share of the
project's costs, as amounts become available, if the applicant, after
the Secretary issues the letter, carries out the project before
receiving amounts under a grant issued by the Secretary.
(C) NOTICE TO SECRETARY- An applicant that is
issued a letter of intent under this subsection shall notify the
Secretary of the applicant's intent to carry out a project pursuant to
the letter before the project begins.
(D) NOTICE TO CONGRESS- The Secretary shall
transmit a written notification to the Congress no later than 3 days
before the issuance of a letter of intent under this section.
(E) LIMITATIONS- A letter of intent issued under
this section is not an obligation of the Government under section 1501
of title 31, United States Code, and is not deemed to be an
administrative commitment for financing. An obligation or
administrative commitment may be made only as amounts are provided in
authorization and appropriations laws.
(F) STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed--
(i) to prohibit the obligation of amounts
pursuant to a letter of intent under this subsection in the same fiscal
year as the letter of intent is issued; or
(ii) to apply to, or replace, Federal
assistance intended for interoperable communications that is not
provided pursuant to a commitment under this subsection.
(f) Interoperable Communications Plans- Any applicant
requesting funding assistance from the Secretary for interoperable
communications for emergency response providers shall submit an
Interoperable Communications Plan to the Secretary for approval. Such a
plan shall--
(1) describe the current state of communications
interoperability in the applicable jurisdictions among Federal, State,
and local emergency response providers and other relevant private
resources;
(2) describe the available and planned use of public
safety frequency spectrum and resources for interoperable
communications within such jurisdictions;
(3) describe how the planned use of spectrum and
resources for interoperable communications is compatible with
surrounding capabilities and interoperable communications plans of
Federal, State, and local governmental entities, military
installations, foreign governments, critical infrastructure, and other
relevant entities;
(4) include a 5-year plan for the dedication of
Federal, State, and local government and private resources to achieve a
consistent, secure, and effective interoperable communications system,
including planning, system design and engineering, testing and
technology development, procurement and installation, training, and
operations and maintenance; and
(5) describe how such 5-year plan meets or exceeds any
applicable standards and grant requirements established by the
Secretary.
(g) Definitions- In this section:
(1) INTEROPERABLE COMMUNICATIONS- The term
`interoperable communications' means the ability of emergency response
providers and relevant Federal, State, and local government agencies to
communicate with each other as necessary, through a dedicated public
safety network utilizing information technology systems and radio
communications systems, and to exchange voice, data, or video with one
another on demand, in real time, as necessary.
(2) EMERGENCY RESPONSE PROVIDERS- The term `emergency
response providers' has the meaning that term has under section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101).
(h) Clarification of Responsibility for Interoperable Communications-
(1) UNDER SECRETARY FOR EMERGENCY PREPAREDNESS AND
RESPONSE- Section 502(7) of the Homeland Security Act of 2002 (6 U.S.C.
312(7)) is amended--
(A) by striking `developing comprehensive programs for developing interoperative communications technology, and'; and
(B) by striking `such' and inserting `interoperable communications'.
(2) OFFICE FOR DOMESTIC PREPAREDNESS- Section 430(c) of such Act (6 U.S.C. 238(c)) is amended--
(A) in paragraph (7) by striking `and' after the semicolon;
(B) in paragraph (8) by striking the period and inserting `; and'; and
(C) by adding at the end the following:
`(9) helping to ensure the acquisition of interoperable
communication technology by State and local governments and emergency
response providers.'.
(i) SENSE OF CONGRESS REGARDING INTEROPERABLE COMMUNICATIONS-
(1) FINDING- The Congress finds that--
(A) many first responders working in the same
jurisdiction or in different jurisdictions cannot effectively and
efficiently communicate with one another; and
(B) their inability to do so threatens the public's safety and may result in unnecessary loss of lives and property.
(2) SENSE OF CONGRESS- It is the sense of Congress that
interoperable emergency communications systems and radios should
continue to be deployed as soon as practicable for use by the first
responder community, and that upgraded and new digital communications
systems and new digital radios must meet prevailing national, voluntary
consensus standards for interoperability.
SEC. 7304. 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 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 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 Homeland
Security shall consult with the Secretary of Defense 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. 7305. 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) Preparedness in the private sector and public
sector for rescue, restart and recovery of operations should include,
as appropriate--
(A) a plan for evacuation;
(B) adequate communications capabilities; and
(C) a plan for continuity of operations.
(3) The American National Standards Institute
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 establishes a
common set of criteria and terminology for preparedness, disaster
management, emergency management, and business continuity programs.
(4) The mandate of the Department of Homeland Security
extends to working with the private sector, as well as government
entities.
(b) SENSE OF CONGRESS ON PRIVATE SECTOR PREPAREDNESS- It is
the sense of Congress that the Secretary of Homeland Security should
promote, where appropriate, the adoption of voluntary national
preparedness standards 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.
SEC. 7306. CRITICAL INFRASTRUCTURE AND READINESS ASSESSMENTS.
(a) FINDINGS- Congress makes the following findings:
(1) Under section 201 of the Homeland Security Act of
2002 (6 U.S.C 121), the Department of Homeland Security, through the
Under Secretary for Information Analysis 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) The report of the National Commission on Terrorist
Attacks Upon the United States recommended that 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 in
conjunction with the reporting requirements of Public Law 108-330, 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. 7307. NORTHERN COMMAND AND DEFENSE OF THE UNITED STATES HOMELAND.
It is the sense of Congress that the Secretary of
Defense should regularly assess the adequacy of the plans and
strategies of the United States Northern Command with a view to
ensuring that the United States Northern Command is prepared to respond
effectively to all military and paramilitary threats within the United
States, should it be called upon to do so by the President.
SEC. 7308. EFFECTIVE DATE.
Notwithstanding any other provision of this Act, this subtitle shall take effect on the date of enactment of this Act.
Subtitle D--Homeland Security
SEC. 7401. SENSE OF CONGRESS ON FIRST RESPONDER FUNDING.
It is the sense of Congress that Congress must pass
legislation in the first session of the 109th Congress to reform the
system for distributing grants to enhance State and local government
prevention of, preparedness for, and response to acts of terrorism.
SEC. 7402. COORDINATION OF INDUSTRY EFFORTS.
Section 102(f) of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 112(f)) is amended--
(1) in paragraph (6), by striking `and' at the end;
(2) in paragraph (7), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
`(8) coordinating industry efforts, with respect to
functions of the Department of Homeland Security, to identify private
sector resources and capabilities that could be effective in
supplementing Federal, State, and local government agency efforts to
prevent or respond to a terrorist attack;
`(9) coordinating with the Directorate of Border and
Transportation Security and the Assistant Secretary for Trade
Development of the Department of Commerce on issues related to the
travel and tourism industries; and
`(10) consulting with the Office of State and Local
Government Coordination and Preparedness on all matters of concern to
the private sector, including the tourism industry.'.
SEC. 7403. STUDY REGARDING NATIONWIDE EMERGENCY NOTIFICATION SYSTEM.
(a) Study- The Secretary of Homeland Security, in
coordination with the Chairman of the Federal Communications
Commission, and in consultation with the heads of other appropriate
Federal agencies and representatives of providers and participants in
the telecommunications industry, shall conduct a study to determine
whether it is cost-effective, efficient, and feasible to establish and
implement an emergency telephonic alert notification system that will--
(1) alert persons in the United States of imminent or current hazardous events caused by acts of terrorism; and
(2) provide information to individuals regarding
appropriate measures that may be undertaken to alleviate or minimize
threats to their safety and welfare posed by such events.
(b) Technologies To Consider- In conducting the study, the
Secretary shall consider the use of the telephone, wireless
communications, and other existing communications networks to provide
such notification.
(c) Report- Not later than 9 months after the date of
enactment of this Act, the Secretary shall submit to Congress a report
regarding the conclusions of the study.
SEC. 7404. PILOT STUDY TO MOVE WARNING SYSTEMS INTO THE MODERN DIGITAL AGE.
(a) PILOT STUDY- The Secretary of Homeland Security,
from funds made available for improving the national system to notify
the general public in the event of a terrorist attack, and in
consultation with the Attorney General, the Secretary of
Transportation, the heads of other appropriate Federal agencies, the
National Association of State Chief Information Officers, and other
stakeholders with respect to public warning systems, shall conduct a
pilot study under which the Secretary of Homeland Security may issue
public warnings regarding threats to homeland security using a warning
system that is similar to the AMBER Alert communications network.
(b) REPORT- Not later than 9 months after the date of
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report regarding the findings, conclusions, and
recommendations of the pilot study.
(c) PROHIBITION ON USE OF HIGHWAY TRUST FUND- No funds
derived from the Highway Trust Fund may be transferred to, made
available to, or obligated by the Secretary of Homeland Security to
carry out this section.
SEC. 7405. REQUIRED COORDINATION.
The Secretary of Homeland Security shall ensure that there
is effective and ongoing coordination of Federal efforts to prevent,
prepare for, and respond to acts of terrorism and other major disasters
and emergencies among the divisions of the Department of Homeland
Security, including the Directorate of Emergency Preparedness and
Response and the Office for State and Local Government Coordination and
Preparedness.
SEC. 7406. EMERGENCY PREPAREDNESS COMPACTS.
Section 611(h) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(h)) is amended--
(1) by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively;
(2) by indenting paragraph (2) (as so redesignated); and
(3) by striking the subsection designation and heading and inserting the following:
`(h) EMERGENCY PREPAREDNESS COMPACTS- (1) The Director
shall establish a program supporting the development of emergency
preparedness compacts for acts of terrorism, disasters, and emergencies
throughout the Nation, by--
`(A) identifying and cataloging existing emergency
preparedness compacts for acts of terrorism, disasters, and emergencies
at the State and local levels of government;
`(B) disseminating to State and local governments
examples of best practices in the development of emergency preparedness
compacts and models of existing emergency preparedness compacts,
including agreements involving interstate jurisdictions; and
`(C) completing an inventory of Federal response
capabilities for acts of terrorism, disasters, and emergencies, making
such inventory available to appropriate Federal, State, and local
government officials, and ensuring that such inventory is as current
and accurate as practicable.'.
SEC. 7407. RESPONSIBILITIES OF COUNTERNARCOTICS OFFICE.
(a) AMENDMENT- Section 878 of the Homeland Security Act of 2002 (6 U.S.C. 458) is amended to read as follows:
`SEC. 878. OFFICE OF COUNTERNARCOTICS ENFORCEMENT.
`(a) OFFICE- There is established in the Department an
Office of Counternarcotics Enforcement, which shall be headed by a
Director appointed by the President, by and with the advice and consent
of the Senate.
`(b) ASSIGNMENT OF PERSONNEL-
`(1) IN GENERAL- The Secretary shall assign permanent
staff to the Office, consistent with effective management of Department
resources.
`(2) LIAISONS- The Secretary shall designate senior
employees from each appropriate subdivision of the Department that has
significant counternarcotics responsibilities to act as a liaison
between that subdivision and the Office of Counternarcotics Enforcement.
`(c) LIMITATION ON CONCURRENT EMPLOYMENT- Except as
provided in subsection (d), the Director of the Office of
Counternarcotics Enforcement shall not be employed by, assigned to, or
serve as the head of, any other branch of the Federal Government, any
State or local government, or any subdivision of the Department other
than the Office of Counternarcotics Enforcement.
`(d) ELIGIBILITY TO SERVE AS THE UNITED STATES INTERDICTION
COORDINATOR- The Director of the Office of Counternarcotics Enforcement
may be appointed as the United States Interdiction Coordinator by the
Director of the Office of National Drug Control Policy, and shall be
the only person at the Department eligible to be so appointed.
`(e) RESPONSIBILITIES- The Secretary shall direct the Director of the Office of Counternarcotics Enforcement--
`(1) to coordinate policy and operations within the
Department, between the Department and other Federal departments and
agencies, and between the Department and State and local agencies with
respect to stopping the entry of illegal drugs into the United States;
`(2) to ensure the adequacy of resources within the Department for stopping the entry of illegal drugs into the United States;
`(3) to recommend the appropriate financial and
personnel resources necessary to help the Department better fulfill its
responsibility to stop the entry of illegal drugs into the United
States;
`(4) within the Joint Terrorism Task Force construct to
track and sever connections between illegal drug trafficking and
terrorism; and
`(5) to be a representative of the Department on all
task forces, committees, or other entities whose purpose is to
coordinate the counternarcotics enforcement activities of the
Department and other Federal, State or local agencies.
`(f) SAVINGS CLAUSE- Nothing in this section shall be
construed to authorize direct control of the operations conducted by
the Directorate of Border and Transportation Security, the Coast Guard,
or joint terrorism task forces.
`(g) REPORTS TO CONGRESS-
`(1) ANNUAL BUDGET REVIEW- The Director of the Office
of Counternarcotics Enforcement shall, not later than 30 days after the
submission by the President to Congress of any request for expenditures
for the Department, submit to the Committees on Appropriations and the
authorizing committees of jurisdiction of the House of Representatives
and the Senate a review and evaluation of such request. The review and
evaluation shall--
`(A) identify any request or subpart of any request
that affects or may affect the counternarcotics activities of the
Department or any of its subdivisions, or that affects the ability of
the Department or any subdivision of the Department to meet its
responsibility to stop the entry of illegal drugs into the United
States;
`(B) describe with particularity how such requested
funds would be or could be expended in furtherance of counternarcotics
activities; and
`(C) compare such requests with requests for expenditures and amounts appropriated by Congress in the previous fiscal year.
`(2) EVALUATION OF COUNTERNARCOTICS ACTIVITIES- The
Director of the Office of Counternarcotics Enforcement shall, not later
than February 1 of each year, submit to the Committees on
Appropriations and the authorizing committees of jurisdiction of the
House of Representatives and the Senate a review and evaluation of the
counternarcotics activities of the Department for the previous fiscal
year. The review and evaluation shall--
`(A) describe the counternarcotics activities of
the Department and each subdivision of the Department (whether
individually or in cooperation with other subdivisions of the
Department, or in cooperation with other branches of the Federal
Government or with State or local agencies), including the methods,
procedures, and systems (including computer systems) for collecting,
analyzing, sharing, and disseminating information concerning narcotics
activity within the Department and between the Department and other
Federal, State, and local agencies;
`(B) describe the results of those activities, using quantifiable data whenever possible;
`(C) state whether those activities were sufficient
to meet the responsibility of the Department to stop the entry of
illegal drugs into the United States, including a description of the
performance measures of effectiveness that were used in making that
determination; and
`(D) recommend, where appropriate, changes to those
activities to improve the performance of the Department in meeting its
responsibility to stop the entry of illegal drugs into the United
States.
`(3) CLASSIFIED OR LAW ENFORCEMENT SENSITIVE
INFORMATION- Any content of a review and evaluation described in the
reports required in this subsection that involves information
classified under criteria established by an Executive order, or whose
public disclosure, as determined by the Secretary, would be detrimental
to the law enforcement or national security activities of the
Department or any other Federal, State, or local agency, shall be
presented to Congress separately from the rest of the review and
evaluation.'.
(b) CONFORMING AMENDMENTS- Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
(2) by inserting after paragraph (7) the following:
`(8) A Director of the Office of Counternarcotics Enforcement.'.
(c) AUTHORIZATION OF APPROPRIATIONS- Of the amounts
appropriated for the Department of Homeland Security for Departmental
management and operations for fiscal year 2005, there is authorized up
to $6,000,000 to carry out section 878 of the Department of Homeland
Security Act of 2002.
SEC. 7408. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
(a) In General- Subtitle E of title VIII of the
Homeland Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end the following:
`SEC. 843. USE OF COUNTERNARCOTICS ENFORCEMENT ACTIVITIES IN CERTAIN EMPLOYEE PERFORMANCE APPRAISALS.
`(a) In General- Each subdivision of the Department that is
a National Drug Control Program Agency shall include as one of the
criteria in its performance appraisal system, for each employee
directly or indirectly involved in the enforcement of Federal, State,
or local narcotics laws, the performance of that employee with respect
to the enforcement of Federal, State, or local narcotics laws, relying
to the greatest extent practicable on objective performance measures,
including--
`(1) the contribution of that employee to seizures of
narcotics and arrests of violators of Federal, State, or local
narcotics laws; and
`(2) the degree to which that employee cooperated with
or contributed to the efforts of other employees, either within the
Department or other Federal, State, or local agencies, in
counternarcotics enforcement.
`(b) Definitions- For purposes of this section--
`(1) the term `National Drug Control Program Agency' means--
`(A) a National Drug Control Program Agency, as
defined in section 702(7) of the Office of National Drug Control Policy
Reauthorization Act of 1998 (as last in effect); and
`(B) any subdivision of the Department that has a significant counternarcotics responsibility, as determined by--
`(i) the counternarcotics officer, appointed under section 878; or
`(ii) if applicable, the counternarcotics officer's successor in function (as determined by the Secretary); and
`(2) the term `performance appraisal system' means a
system under which periodic appraisals of job performance of employees
are made, whether under chapter 43 of title 5, United States Code, or
otherwise.'.
(b) Clerical Amendment- The table of contents for the
Homeland Security Act of 2002 is amended by inserting after the item
relating to section 842 the following:
`Sec. 843. Use of counternarcotics enforcement activities in certain employee performance appraisals.'.
Subtitle E--Public Safety Spectrum
SEC. 7501. DIGITAL TELEVISION CONVERSION DEADLINE.
(a) FINDINGS- Congress finds the following:
(1) Congress granted television broadcasters additional
6 megahertz blocks of spectrum to transmit digital broadcasts
simultaneously with the analog broadcasts they submit on their original
6 megahertz blocks of spectrum.
(2) Section 309(j)(14) of the Communications Act of
1934 (47 U.S.C. 309(j)(14)) requires each television broadcaster to
cease analog transmissions and return 6 megahertz of spectrum not later
than--
(A) December 31, 2006; or
(B) the date on which more than 85 percent of the
television households in the market of such broadcaster can view
digital broadcast television channels using a digital television, a
digital-to-analog converter box, cable service, or satellite service.
(3) Twenty-four megahertz of spectrum occupied by
television broadcasters has been earmarked for use by first responders
as soon as the television broadcasters return the spectrum broadcasters
being used to provide analog transmissions. This spectrum would be
ideal to provide first responders with interoperable communications
channels.
(4) Large parts of the vacated spectrum could be auctioned for advanced commercial services, such as wireless broadband.
(5) The 85 percent penetration test described in
paragraph (2)(B) could delay the termination of analog television
broadcasts and the return of spectrum well beyond 2007, hindering the
use of that spectrum for these important public safety and advanced
commercial uses.
(6) While proposals to require broadcasters to return,
on a date certain, the spectrum earmarked for future public safety use
may improve the ability of public safety entities to begin planning for
use of this spectrum, such proposals have certain deficiencies. The
proposals would require the dislocation of up to 75 broadcast stations,
which also serve a critical public safety function by broadcasting
weather, traffic, disaster, and other safety alerts. Such disparate
treatment of broadcasters would be unfair to the broadcasters and their
respective viewers. Requiring the return of all analog broadcast
spectrum by a date certain would have the benefit of addressing the
digital television transition in a comprehensive fashion that treats
all broadcasters and viewers equally, while freeing spectrum for
advanced commercial services.
(7) The Federal Communications Commission should
consider all regulatory means available to expedite the return of the
analog spectrum.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) Congress must act to pass legislation in the first
session of the 109th Congress that establishes a comprehensive approach
to the timely return of analog broadcast spectrum as early as December
31, 2006; and
(2) any delay in the adoption of the legislation
described in paragraph (1) will delay the ability of public safety
entities to begin planning to use this needed spectrum.
SEC. 7502. STUDIES ON TELECOMMUNICATIONS CAPABILITIES AND REQUIREMENTS.
(a) ALLOCATIONS OF SPECTRUM FOR EMERGENCY RESPONSE
PROVIDERS- The Federal Communications Commission shall, in consultation
with the Secretary of Homeland Security and the National
Telecommunications and Information Administration, conduct a study to
assess short-term and long-term needs for allocations of additional
portions of the electromagnetic spectrum for Federal, State, and local
emergency response providers, including whether or not an additional
allocation of spectrum in the 700 megahertz band should be granted by
Congress to such emergency response providers.
(b) STRATEGIES TO MEET PUBLIC SAFETY TELECOMMUNICATIONS
REQUIREMENTS- The Secretary of Homeland Security shall, in consultation
with the Federal Communications Commission and the National
Telecommunications and Information Administration, conduct a study to
assess strategies that may be used to meet public safety
telecommunications needs, including--
(1) the need and efficacy of deploying nationwide
interoperable communications networks (including the potential
technical and operational standards and protocols for nationwide
interoperable broadband mobile communications networks that may be used
by Federal, State, regional, and local governmental and nongovernmental
public safety, homeland security, and other emergency response
personnel);
(2) the capacity of public safety entities to utilize wireless broadband applications; and
(3) the communications capabilities of all emergency
response providers, including hospitals and health care workers, and
current efforts to promote communications coordination and training
among emergency response providers.
(c) STUDY REQUIREMENTS- In conducting the studies required
by subsections (a) and (b), the Secretary of Homeland Security and the
Federal Communications Commission shall--
(1) seek input from Federal, State, local, and regional
emergency response providers regarding the operation and administration
of a potential nationwide interoperable broadband mobile communications
network; and
(2) consider the use of commercial wireless technologies to the greatest extent practicable.
(d) REPORTS- (1) Not later than one year after the date of
enactment of this Act, the Federal Communications Commission (in the
case of the study required by subsection (a)) and the Secretary of
Homeland Security (in the case of the study required by subsection (b))
shall submit to the appropriate committees of Congress a report on such
study, including the findings of such study.
(2) In this subsection, the term `appropriate committees of Congress' means--
(A) the Committee on Commerce, Science, and
Transportation and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Energy and Commerce and the Select Committee on Homeland Security of the House of Representatives.
Subtitle F--Presidential Transition
SEC. 7601. 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 351, this
section and the amendments made by this section shall take effect on
the date of enactment of this Act.
Subtitle G--Improving International Standards and Cooperation to Fight Terrorist Financing
SEC. 7701. IMPROVING INTERNATIONAL STANDARDS AND COOPERATION TO FIGHT TERRORIST FINANCING.
(a) FINDINGS- Congress makes the following findings:
(1) The global war on terrorism and cutting off
terrorist financing is a policy priority for the United States and its
partners, working bilaterally and multilaterally through the United
Nations, the United Nations Security Council and its committees, such
as the 1267 and 1373 Committees, the Financial Action Task Force
(FATF), and various international financial institutions, including the
International Monetary Fund (IMF), the International Bank for
Reconstruction and Development (IBRD), and the regional multilateral
development banks, and other multilateral fora.
(2) The international financial community has become
engaged in the global fight against terrorist financing. The Financial
Action Task Force has focused on the new threat posed by terrorist
financing to the international financial system, resulting in the
establishment of the FATF's Eight Special Recommendations on Terrorist
Financing as the international standard on combating terrorist
financing. The Group of Seven and the Group of Twenty Finance Ministers
are developing action plans to curb the financing of terror. In
addition, other economic and regional fora, such as the Asia-Pacific
Economic Cooperation (APEC) Forum, and the Western Hemisphere Financial
Ministers, have been used to marshal political will and actions in
support of combating the financing of terrorism (CFT) standards.
(3) FATF's Forty Recommendations on Money Laundering
and the Eight Special Recommendations on Terrorist Financing are the
recognized global standards for fighting money laundering and terrorist
financing. The FATF has engaged in an assessment process for
jurisdictions based on their compliance with these standards.
(4) In March 2004, the IMF and IBRD Boards agreed to
make permanent a pilot program of collaboration with the FATF to assess
global compliance with the FATF Forty Recommendations on Money
Laundering and the Eight Special Recommendations on Terrorist
Financing. As a result, anti-money laundering (AML) and combating the
financing of terrorism (CFT) assessments are now a regular part of
their Financial Sector Assessment Program (FSAP) and Offshore Financial
Center assessments, which provide for a comprehensive analysis of the
strength of a jurisdiction's financial system. These reviews assess
potential systemic vulnerabilities, consider sectoral development needs
and priorities, and review the state of implementation of and
compliance with key financial codes and regulatory standards, among
them the AML and CFT standards.
(5) To date, 70 FSAPs have been conducted, with over 24
of those incorporating AML and CFT assessments. The international
financial institutions (IFIs), the FATF, and the FATF-style regional
bodies together are expected to assess AML and CFT regimes in up to 40
countries or jurisdictions per year. This will help countries and
jurisdictions identify deficiencies in their AML and CFT regimes and
help focus technical assistance efforts.
(6) Technical assistance programs from the United
States and other nations, coordinated with the Department of State and
other departments and agencies, are playing an important role in
helping countries and jurisdictions address shortcomings in their AML
and CFT regimes and bringing their regimes into conformity with
international standards. Training is coordinated within the United
States Government, which leverages multilateral organizations and
bodies and international financial institutions to internationalize the
conveyance of technical assistance.
(7) In fulfilling its duties in advancing incorporation
of AML and CFT standards into the IFIs as part of the IFIs' work on
protecting the integrity of the international monetary system, the
Department of the Treasury, under the guidance of the Secretary of the
Treasury, has effectively brought together all of the key United States
Government agencies. In particular, United States Government agencies
continue to work together to foster broad support for this important
undertaking in various multilateral fora, and United States Government
agencies recognize the need for close coordination and communication
within our own Government.
(b) SENSE OF CONGRESS REGARDING SUCCESS IN MULTILATERAL
ORGANIZATIONS- It is the sense of Congress that the Secretary of the
Treasury should continue to promote the dissemination of international
AML and CFT standards, and to press for full implementation of the FATF
40 + 8 Recommendations by all countries in order to curb financial
risks and hinder terrorist financing around the globe. The efforts of
the Secretary in this regard should include, where necessary or
appropriate, multilateral action against countries whose counter-money
laundering regimes and efforts against the financing of terrorism fall
below recognized international standards.
SEC. 7702. DEFINITIONS.
(1) the term `international financial institutions' has
the same meaning as in section 1701(c)(2) of the International
Financial Institutions Act;
(2) the term `Financial Action Task Force' means the
international policy-making and standard-setting body dedicated to
combating money laundering and terrorist financing that was created by
the Group of Seven in 1989; and
(3) the terms `Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System' and
`Interagency Paper' mean the interagency paper prepared by the Board of
Governors of the Federal Reserve System, the Comptroller of the
Currency, and the Securities and Exchange Commission that was announced
in the Federal Register on April 8, 2003.
SEC. 7703. EXPANDED REPORTING AND TESTIMONY REQUIREMENTS FOR THE SECRETARY OF THE TREASURY.
(a) REPORTING REQUIREMENTS- Section 1503(a) of the
International Financial Institutions Act (22 U.S.C. 262o-2(a)) is
amended by adding at the end the following:
`(15) Work with the International Monetary Fund to--
`(A) foster strong global anti-money laundering (AML) and combat the financing of terrorism (CFT) regimes;
`(B) ensure that country performance under the
Financial Action Task Force anti-money laundering and counterterrorist
financing standards is effectively and comprehensively monitored;
`(C) ensure note is taken of AML and CFT issues in
Article IV reports, International Monetary Fund programs, and other
regular reviews of country progress;
`(D) ensure that effective AML and CFT regimes are considered to be indispensable elements of sound financial systems; and
`(E) emphasize the importance of sound AML and CFT regimes to global growth and development.'.
(b) TESTIMONY- Section 1705(b) of the International Financial Institutions Act (22 U.S.C. 262r-4(b)) is amended--
(1) in paragraph (2), by striking `and' at the end;
(2) in paragraph (3), by striking the period at the end and inserting `; and'; and
(3) by adding at the end the following:
`(4) the status of implementation of international
anti-money laundering and counterterrorist financing standards by the
International Monetary Fund, the multilateral development banks, and
other multilateral financial policymaking bodies.'.
SEC. 7704. COORDINATION OF UNITED STATES GOVERNMENT EFFORTS.
The Secretary of the Treasury, or the designee of the
Secretary, as the lead United States Government official to the
Financial Action Task Force (FATF), shall continue to convene the
interagency United States Government FATF working group. This group,
which includes representatives from all relevant Federal agencies,
shall meet at least once a year to advise the Secretary on policies to
be pursued by the United States regarding the development of common
international AML and CFT standards, to assess the adequacy and
implementation of such standards, and to recommend to the Secretary
improved or new standards, as necessary.
Subtitle H--Emergency Financial Preparedness
SEC. 7801. DELEGATION AUTHORITY OF THE SECRETARY OF THE TREASURY.
Section 306(d) of title 31, United States Code, is amended by inserting `or employee' after `another officer'.
SEC. 7802. TREASURY SUPPORT FOR FINANCIAL SERVICES INDUSTRY PREPAREDNESS AND RESPONSE AND CONSUMER EDUCATION.
(a) Findings- Congress finds that the Secretary of the Treasury--
(1) has successfully communicated and coordinated with
the private-sector financial services industry about financial
infrastructure preparedness and response issues;
(2) has successfully reached out to State and local
governments and regional public-private partnerships, such as
ChicagoFIRST, that protect employees and critical infrastructure by
enhancing communication and coordinating plans for disaster
preparedness and business continuity; and
(3) has set an example for the Department of Homeland
Security and other Federal agency partners, whose active participation
is vital to the overall success of the activities described in
paragraphs (1) and (2).
(b) Sense of Congress- It is the sense of Congress that the
Secretary of the Treasury, in consultation with the Secretary of
Homeland Security, other Federal agency partners, and private-sector
financial organization partners, should--
(1) furnish sufficient personnel and technological and
financial resources to educate consumers and employees of the financial
services industry about domestic counterterrorist financing activities,
particularly about--
(A) how the public and private sector organizations
involved in such activities can combat terrorism while protecting and
preserving the lives and civil liberties of consumers and employees of
the financial services industry; and
(B) how the consumers and employees of the
financial services industry can assist the public and private sector
organizations involved in such activities; and
(2) submit annual reports to Congress on efforts to accomplish subparagraphs (A) and (B) of paragraph (1).
(c) REPORT ON PUBLIC-PRIVATE PARTNERSHIPS- Before the end
of the 6-month period beginning on the date of enactment of this Act,
the Secretary of the Treasury shall submit a report to the Committee on
Financial Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate containing--
(1) information on the efforts that the Department of
the Treasury has made to encourage the formation of public-private
partnerships to protect critical financial infrastructure and the type
of support that the Department has provided to such partnerships; and
(2) recommendations for administrative or legislative
action regarding such partnerships, as the Secretary may determine to
be appropriate.
SEC. 7803. EMERGENCY SECURITIES RESPONSE ACT OF 2004.
(a) SHORT TITLE- This section may be cited as the `Emergency Securities Response Act of 2004'.
(b) EXTENSION OF EMERGENCY ORDER AUTHORITY OF THE SECURITIES AND EXCHANGE COMMISSION-
(1) EXTENSION OF AUTHORITY- Section 12(k)(2) of the
Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(2)) is amended to
read as follows:
`(A) IN GENERAL- The Commission, in an emergency,
may by order summarily take such action to alter, supplement, suspend,
or impose requirements or restrictions with respect to any matter or
action subject to regulation by the Commission or a self-regulatory
organization under the securities laws, as the Commission determines is
necessary in the public interest and for the protection of investors--
`(i) to maintain or restore fair and orderly securities markets (other than markets in exempted securities);
`(ii) to ensure prompt, accurate, and safe
clearance and settlement of transactions in securities (other than
exempted securities); or
`(iii) to reduce, eliminate, or prevent the substantial disruption by the emergency of--
`(I) securities markets (other than markets
in exempted securities), investment companies, or any other significant
portion or segment of such markets; or
`(II) the transmission or processing of securities transactions (other than transactions in exempted securities).
`(B) EFFECTIVE PERIOD- An order of the Commission
under this paragraph shall continue in effect for the period specified
by the Commission, and may be extended. Except as provided in
subparagraph (C), an order of the Commission under this paragraph may
not continue in effect for more than 10 business days, including
extensions.
`(C) EXTENSION- An order of the Commission under
this paragraph may be extended to continue in effect for more than 10
business days if, at the time of the extension, the Commission finds
that the emergency still exists and determines that the continuation of
the order beyond 10 business days is necessary in the public interest
and for the protection of investors to attain an objective described in
clause (i), (ii), or (iii) of subparagraph (A). In no event shall an
order of the Commission under this paragraph continue in effect for
more than 30 calendar days.
`(D) SECURITY FUTURES- If the actions described in
subparagraph (A) involve a security futures product, the Commission
shall consult with and consider the views of the Commodity Futures
Trading Commission.
`(E) EXEMPTION- In exercising its authority under
this paragraph, the Commission shall not be required to comply with the
provisions of--
`(ii) section 553 of title 5, United States Code.'.
(c) CONSULTATION; DEFINITION OF EMERGENCY- Section 12(k)(6)
of the Securities Exchange Act of 1934 (15 U.S.C. 78l(k)(6)) is amended
to read as follows:
`(6) CONSULTATION- Prior to taking any action described
in paragraph (1)(B), the Commission shall consult with and consider the
views of the Secretary of the Treasury, the Board of Governors of the
Federal Reserve System, and the Commodity Futures Trading Commission,
unless such consultation is impracticable in light of the emergency.
`(7) DEFINITIONS- For purposes of this subsection--
`(A) the term `emergency' means--
`(i) a major market disturbance characterized by or constituting--
`(I) sudden and excessive fluctuations of
securities prices generally, or a substantial threat thereof, that
threaten fair and orderly markets; or
`(II) a substantial disruption of the safe
or efficient operation of the national system for clearance and
settlement of transactions in securities, or a substantial threat
thereof; or
`(ii) a major disturbance that substantially disrupts, or threatens to substantially disrupt--
`(I) the functioning of securities markets,
investment companies, or any other significant portion or segment of
the securities markets; or
`(II) the transmission or processing of securities transactions; and
`(B) notwithstanding section 3(a)(47), the term
`securities laws' does not include the Public Utility Holding Company
Act of 1935.'.
(d) PARALLEL AUTHORITY OF THE SECRETARY OF THE TREASURY
WITH RESPECT TO GOVERNMENT SECURITIES- Section 15C of the Securities
Exchange Act of 1934 (15 U.S.C. 78o-5) is amended by adding at the end
the following:
`(h) EMERGENCY AUTHORITY- The Secretary may, by order, take
any action with respect to a matter or action subject to regulation by
the Secretary under this section, or the rules of the Secretary under
this section, involving a government security or a market therein (or
significant portion or segment of that market), that the Commission may
take under section 12(k)(2) with respect to transactions in securities
(other than exempted securities) or a market therein (or significant
portion or segment of that market).'.
(e) JOINT REPORT ON IMPLEMENTATION OF FINANCIAL SYSTEM RESILIENCE RECOMMENDATIONS-
(1) Report required- Not later than April 30, 2006, the
Board of Governors of the Federal Reserve System, the Comptroller of
the Currency, and the Securities and Exchange Commission shall prepare
and submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate a joint report on the efforts of the private
sector to implement the Interagency Paper on Sound Practices to
Strengthen the Resilience of the U.S. Financial System.
(2) Contents of report- The report required by paragraph (1) shall--
(A) examine the efforts to date of private sector
financial services firms covered by the Interagency Paper to implement
enhanced business continuity plans;
(B) examine the extent to which the implementation
of such business continuity plans has been done in a geographically
dispersed manner, including an analysis of the extent to which such
firms have located their main and backup facilities in separate
electrical networks, in different watersheds, in independent
transportation systems, and using separate telecommunications centers,
and the cost and technological implications of further dispersal;
(C) examine the need to cover a larger range of
private sector financial services firms that play significant roles in
critical financial markets than those covered by the Interagency Paper;
and
(D) recommend legislative and regulatory changes that will--
(i) expedite the effective implementation of the Interagency Paper by all covered financial services entities; and
(ii) optimize the effective implementation of business continuity planning by the financial services industry.
(3) Confidentiality- Any information provided to the
Board of Governors of the Federal Reserve System, the Comptroller of
the Currency, or the Securities and Exchange Commission for the
purposes of the preparation and submission of the report required by
paragraph (1) shall be treated as privileged and confidential. For
purposes of section 552 of title 5, United States Code, this subsection
shall be considered a statute described in subsection (b)(3)(B) of that
section 552.
(4) Definition- As used in this subsection, the terms
`Interagency Paper on Sound Practices to Strengthen the Resilience of
the U.S. Financial System' and `Interagency Paper' mean the interagency
paper prepared by the Board of Governors of the Federal Reserve System,
the Comptroller of the Currency, and the Securities and Exchange
Commission that was announced in the Federal Register on April 8, 2003.
SEC. 7804. PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the insurance industry and
credit-rating agencies, where relevant, should carefully consider a
company's compliance with standards for private sector disaster and
emergency preparedness in assessing insurability and creditworthiness,
to ensure that private sector investment in disaster and emergency
preparedness is appropriately encouraged.
TITLE VIII--OTHER MATTERS
Subtitle A--Intelligence Matters
SEC. 8101. INTELLIGENCE COMMUNITY USE OF NATIONAL INFRASTRUCTURE SIMULATION AND ANALYSIS CENTER.
(a) IN GENERAL- The Director of National Intelligence
shall establish a formal relationship, including information sharing,
between the elements of the intelligence community and the National
Infrastructure Simulation and Analysis Center.
(b) PURPOSE- The purpose of the relationship under
subsection (a) shall be to permit the intelligence community to 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.
Subtitle B--Department of Homeland Security Matters
SEC. 8201. HOMELAND SECURITY GEOSPATIAL INFORMATION.
(a) FINDINGS- Congress makes the following findings:
(1) Geospatial technologies and geospatial data improve
government capabilities to detect, plan for, prepare for, and respond
to disasters in order to save lives and protect property.
(2) Geospatial data improves the ability of information
technology applications and systems to enhance public security in a
cost-effective manner.
(3) Geospatial information preparedness in the United
States, and specifically in the Department of Homeland Security, is
insufficient because of--
(A) inadequate geospatial data compatibility;
(B) insufficient geospatial data sharing; and
(C) technology interoperability barriers.
(b) HOMELAND SECURITY GEOSPATIAL 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) GEOSPATIAL INFORMATION FUNCTIONS-
`(1) DEFINITIONS- As used in this subsection:
`(A) GEOSPATIAL INFORMATION- The term `geospatial
information' means graphical or digital data depicting natural or
manmade physical features, phenomena, or boundaries of the earth and
any information related thereto, including surveys, maps, charts,
remote sensing data, and images.
`(B) GEOSPATIAL TECHNOLOGY- The term `geospatial
technology' means any technology utilized by analysts, specialists,
surveyors, photogrammetrists, hydrographers, geodesists, cartographers,
architects, or engineers for the collection, storage, retrieval, or
dissemination of geospatial information, including--
`(i) global satellite surveillance systems;
`(ii) global position systems;
`(iii) geographic information systems;
`(v) geocoding technology; and
`(vi) remote sensing devices.
`(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 geospatial
information needs of the Department.
`(C) COORDINATION OF GEOSPATIAL INFORMATION- The
Chief Information Officer shall establish and carry out a program to
provide for the efficient use of geospatial information, which shall
include--
`(i) providing such geospatial information as may be necessary to implement the critical infrastructure protection programs;
`(ii) providing leadership and coordination in
meeting the geospatial 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 geospatial
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 geospatial 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 geospatial
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 geospatial data; and
`(II) execute information sharing agreements regarding geospatial 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.'.
Subtitle C--Homeland Security Civil Rights and Civil Liberties Protection
SEC. 8301. SHORT TITLE.
This subtitle may be cited as the `Homeland Security Civil Rights and Civil Liberties Protection Act of 2004'.
SEC. 8302. MISSION OF DEPARTMENT OF HOMELAND SECURITY.
Section 101(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)(1)) is amended--
(1) in subparagraph (F), by striking `and' after the 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. 8303. OFFICER FOR CIVIL RIGHTS AND CIVIL LIBERTIES.
Section 705(a) of the Homeland Security Act of 2002 (6 U.S.C. 345(a)) is amended--
(1) by amending the matter preceding paragraph (1) to read as follows:
`(a) 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. 8304. PROTECTION OF CIVIL RIGHTS AND CIVIL LIBERTIES BY OFFICE OF INSPECTOR GENERAL.
Section 8I of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the end the following:
`(f)(1) The Inspector General of the Department of Homeland
Security shall designate a senior official within the Office 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. 8305. PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended--
(1) in the matter preceding paragraph (1), by inserting
`, who shall report directly to the Secretary,' after `in 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'.
SEC. 8306. PROTECTIONS FOR HUMAN RESEARCH SUBJECTS OF THE DEPARTMENT OF HOMELAND SECURITY.
The Secretary of Homeland Security shall ensure that
the Department of Homeland Security complies with the 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 the Department.
Subtitle D--Other Matters
SEC. 8401. AMENDMENTS TO CLINGER-COHEN ACT 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. 8402. ENTERPRISE ARCHITECTURE.
(a) ENTERPRISE ARCHITECTURE DEFINED- 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, on an annual basis, submit to
the Committees on the Judiciary of the Senate and House of
Representatives a report 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) ENTERPRISE ARCHITECTURE, AGENCY PLANS AND REPORTS- This
section shall be carried out in compliance with the requirements set
forth in section 1016(e) and (h).
SEC. 8403. FINANCIAL DISCLOSURE AND RECORDS.
(a) STUDY- Not later than 90 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 Homeland Security and 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 1 year 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
executive branch employment and submit a report to--
(B) the Committees on Homeland Security and Governmental Affairs and the Judiciary of the Senate;
(C) the Committees on Government Reform and the Judiciary of the House of Representatives.
(2) CONTENTS- The report under this subsection shall examine sections 203, 205, 207, and 208 of title 18, United States Code.
SEC. 8404. EXTENSION OF REQUIREMENT FOR AIR CARRIERS TO HONOR TICKETS FOR SUSPENDED AIR PASSENGER SERVICE.
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 and inserting `after November 19, 2005.'.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END