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Number range CHAPTER**SUMMARY OF INTELLIGENCE REFORM AND TERRORISM
PREVENTION ACT OF 2004**

**December 6, 2004**

**TITLE I**

**Director of National Intelligence**

There is established a Senate-confirmed Director of National
Intelligence (DNI) who shall not also serve as the Director of the
Central Intelligence Agency (CIA) or as the head of any other element of
the intelligence community. The DNI shall not be located in the
Executive Office of the President.

**National Intelligence Program**

The National Foreign Intelligence Program is redesignated as the
National Intelligence Program (NIP).

**Authorities of the DNI**

*Budget Build*

The DNI shall "develop and determine" an annual budget for the National
Intelligence Program (NIP) budget based on budget proposals provided by
the heads of agencies and organizations of the intelligence community
and their respective department heads. The heads of such agencies and
organizations must also provide to the DNI such other information as the
DNI requests for the purpose of determining the NIP budget.

*Budget Execution*

The DNI shall "ensure the effective execution" of the annual budget for
intelligence and intelligence-related activities. The Director of OMB
must apportion NIP funds at the "exclusive direction" of the DNI for
allocation to the elements of the intelligence community. The DNI is
further responsible for managing NIP appropriations by "directing the
allotment or allocation" of such appropriations through the heads of
departments containing agencies or organizations of the intelligence
community. Department comptrollers must allot, allocate, reprogram, or
transfer NIP funds "in an expeditious manner."

The DNI "shall monitor the implementation and execution of the National
Intelligence Program by the heads of elements of the intelligence
community" that manage NIP programs or activities, including with audits
and evaluations. The DNI shall report to the President and to Congress
within 15 days of learning that a department comptroller has acted in a
manner that is inconsistent with the direction of the DNI in carrying
out the NIP.

*Transfer and Reprogramming of Funds*

NIP funds may not be transferred or reprogrammed without approval of the
DNI, except in accordance with procedures prescribed by the DNI. All
transfers or reprogrammings by the DNI (1) must be for a higher priority
intelligence activity; (2) must support an emergent need, improve
program effectiveness, or increase efficiency; and (3) may not involve
funds from the CIA Reserve for Contingencies or a DNI Reserve for
Contingencies. With approval from OMB and after consulting with affected
department heads, the DNI may transfer or reprogram NIP funds out of any
department or agency as long as the amount in a single fiscal year is
less than \$150 million, is less than 5% of the department's or agency's
NIP funds, and does not terminate an acquisition program. These limits
would not apply if the DNI obtains the concurrence of the affected
department head.

*Transfer of Personnel*

In the fiscal year after the effective date of the Act, the DNI (1) is
authorized 500 new personnel billets within the Office of the DNI, and
(2) may, with the approval of the OMB director, transfer 150 personnel
funded within the NIP to the Office of the DNI for not more than 2
years.

For the first 12 months after a national intelligence center is created,
the DNI may transfer 100 personnel authorized for elements of the
intelligence community to that center. The DNI must receive the approval
of the director of OMB and notify appropriate Congressional committees
of such transfers. In accordance with procedures developed between the
DNI and the heads of departments and agencies concerned, and upon
approval of the director of OMB, the DNI may also transfer unlimited
numbers of personnel authorized for an element of the intelligence
community to another such element for a period of not more than two
years. The DNI may only make such transfer if the personnel are being
transferred to an activity that is a higher priority intelligence
activity, and the transfer supports an emergent need, improves program
effectiveness, or increases efficiency. The DNI must notify appropriate
Congressional committees of such transfers.

It is the Sense of the Congress that 21^st^ Century national security
threats continue to challenge the intelligence community to respond
rapidly and flexibly to bring analytic resources to bear, that the
Office of the DNI and any analytic centers should be fully supported
with appropriate personnel levels, and the President should utilize all
legal and administrative discretion to ensure that the DNI and the
intelligence community have the necessary resources and procedures to
meet emerging threats.

*Tasking and Analysis*

The DNI establishes objectives and priorities for the intelligence
community and manages and directs tasking of collection, analysis,
production, and dissemination of national intelligence. The DNI approves
requirements for collection and analysis, including requirements
responding to the needs of consumers. The DNI also provides advisory
tasking to intelligence elements outside of the NIP. The DNI may
establish national intelligence centers as the DNI determines necessary.
To ensure accurate all-source intelligence, the DNI must implement
policies and procedures to, among other things, ensure competitive
analysis and that alternative views are brought to the attention of
policymakers.

*Personnel Management*

The DNI, in consultation with the heads of other agencies or elements of
the intelligence community, develops personnel policies and programs to
enhance the capacity for joint operation and facilitate staffing of
community management functions. An individual's service in more than one
element of the intelligence community would be a condition of promotion
to certain positions. The policies shall not be inconsistent with those
applicable to uniformed services personnel.

In addition, the NID will prescribe regulations to provide incentives
for service on the staff of the DNI, the national intelligence centers,
NCTC, or other positions in support of the intelligence community
management functions. It is the Sense of the Congress that policies to
facilitate the rotation of personnel should seek to duplicate within the
intelligence community the joint officer management policies established
by the Goldwater-Nichols Department of Defense Reorganization Act of
1986 and the amendments on joint officer management made by that Act.
Assignment of commissioned officers to the Office of the DNI will be
considered joint-duty assignments for the purposes of the amendments on
Department of Defense joint officer management made by the
Goldwater-Nichols Department of Defense Reorganization Act of 1986.

The DNI has the same personnel authorities over employees of the Office
of the DNI that the Director of Central Intelligence has under current
law with respect to CIA employees. Employees and applicants for
employment of the Office of the DNI have the same rights and protections
as CIA employees under current law.

*Protection of Sources and Methods* / *Classification*

The DNI shall protect sources and methods from unauthorized disclosure
and, in order to maximize the dissemination of intelligence, establish
and implement guidelines for classification under applicable law,
Executive orders, or Presidential directives.

*Foreign Liaison*

The DNI shall oversee the coordination of relationships with the
intelligence or security services of foreign governments or
international organizations.

*Acquisition / Milestone*

The DNI has the same acquisition and appropriation authorities given to
the CIA Director in the CIA Act of 1949 except for that Act's section
8(b), which allows the CIA Director to expend sums made available to the
CIA without regard to any of the laws or regulations relating to the
expenditure of government funds. The DNI also has the same authority as
the CIA Director to waive provisions of the Federal Property and
Administrative Services Act of 1949. The DNI has exclusive milestone
milestone decision authority for NIP-funded major systems, except that
with respect to Department of Defense programs the DNI has joint
authority with the Secretary of Defense. If the DNI and the Secretary of
Defense are unable to reach agreement on a milestone decision, the
President resolves the conflict.

*Common Services*

The DNI shall, in consultation with department heads, coordinate the
performance by elements of the intelligence community of services of
common concern to the intelligence community that the DNI determines can
be more efficiently accomplished in a consolidated manner.

*Appointments*

The DNI shall recommend to the President nominees for Principal Deputy
DNI and for CIA Director. The DNI has the right to concur in the
appointment or the recommendation for nomination of the heads of NSA,
NRO, and NGA; the Assistant Secretary of State for INR; the Directors of
the Offices of Intelligence and Counterintelligence at DOE; the
Assistant Secretary for Intelligence and Analysis at the Department of
the Treasury; the Executive Assistant Director for Intelligence of the
FBI; and the Assistant Secretary of Homeland Security for Information
Analysis. The DNI must be consulted for appointments or recommendations
for the Director of DIA and the Deputy Assistant Commandant of the Coast
Guard for Intelligence.

**Office of the DNI**

*Staff*

The DNI shall employ and utilize a professional staff in the Office of
the DNI. That staff includes the Community Management Staff, which will
be transferred to the Office of the DNI.

*Co-Location*

Commencing October 1, 2008, the Office of the DNI shall not be
co-located with any other element of the intelligence community.

*Deputy Directors*

There shall be a Senate-confirmed Principal Deputy DNI, recommended by
the DNI and appointed by the President, who shall not simultaneously
serve in any other capacity in the intelligence community. The Principal
Deputy DNI shall assist the DNI and serve in the absence or disability
of the DNI, who may also appoint not more than four additional Deputies
with such duties, responsibilities, and authorities as the DNI may
assign. The DNI and the Principal Deputy may not both be commissioned
officers in active status, but it is the sense of Congress that one of
them should be an active duty officer, or at least have by training or
experience an appreciation of military intelligence activities and
requirements.

*National Intelligence Council*

> The National Intelligence Council is established in the Office of the
> DNI.

*General Counsel*

There is established a Senate-confirmed General Counsel in the Office of
the DNI, who may not simultaneously serve as the General Counsel of any
other department or agency.

*Civil Liberties Protection Officer*

> The DNI shall appoint a Civil Liberties Protection Officer.

*Director of Science and Technology*

> There is established a Director of Science and Technology in the
> Office of the DNI.

*National Counterintelligence Executive*

> The National Counterintelligence Executive is moved to the Office of
> the DNI.

*Inspector General*

> The DNI is authorized to established an Inspector General in the
> Office of the DNI.

**Definition of National Intelligence**

The bill defines national intelligence to include information gathered
in the U.S. or abroad that pertains to more than one agency and involves
threats to the U.S., its people, property, or interests; the
development, proliferation, or use of weapons of mass destruction; or
any other matter bearing on national or homeland security.

**Information Sharing**

The 9/11 Commission found that the biggest impediment to a greater
likelihood of "connecting the dots" was the resistance to information
sharing, and recommended a new, government-wide approach to information
sharing. This section addresses this recommendation by requiring the
President to establish an Information Sharing Environment (ISE) to
facilitate the sharing of terrorism information among all appropriate
Federal, State, local, tribal and private sector entities, through the
use of policy guidelines and technologies.

The section provides for a staged development process, with periodic
reporting. Within 180 days of enactment, a review must be conducted of
current agency capabilities; in addition, a description of the
technological, legal and policy issues presented by the creation of the
ISE, and how they will be addressed, must be submitted to the President
and Congress. Within 270 days, the President is required to issue
guidelines for acquiring, accessing, sharing, and using information,
and, in consultation with the Privacy and Civil Liberties Oversight
Board established elsewhere in the bill, guidelines to protect privacy
and civil liberties in the development and use of the ISE. Within a
year, an implementation plan for the ISE must be submitted to Congress.
Finally, in two years, and annually thereafter, the President must
submit a report to Congress on the state of the ISE and of information
sharing across the Federal Government.

The President is also required to designate a Program Manager who
responsible for information sharing across the Federal Government and
who is to oversee the implementation of, and manage, the ISE. The
program manager is to serve for two years, during the planning and
initial implementation of the ISE; after that, recommendations are to be
made for the future management structure of the ISE. During the initial
two-year start up period, this section also establishes an interagency
panel, based on the Information Sharing Council created by Executive
Order 13356, to advise the President and Program Manager and to
facilitate interagency coordination in the development and
implementation of the ISE.

**Privacy and Civil Liberties**

*Privacy and Civil Liberties Oversight Board*

This section creates a Privacy and Civil Liberties Oversight Board
within the Executive Office of the President that would ensure that
privacy and civil liberties concerns are appropriately considered in the
implementation of laws, regulations, and executive branch policies
related to efforts to protect the Nation against terrorism. The Board's
responsibilities encompass both advice and counsel and oversight and
would include reviewing regulations and policies, including information
sharing guidelines, and providing advice to the President and
departments and agencies in the Executive branch. The Board would be
required to report at least annually to Congress on its major
activities.

The Board would be composed of a chairman, vice chairman, and three
other members appointed by the President. The chairman and vice chairman
would be Senate-confirmed and the chairman may serve on a full-time
basis. All members would serve at the pleasure of the President.

In order to carry out its responsibilities, the Board is authorized to
have access to information from departments and agencies. If the
requested information is necessary to withhold to protect national
security interests, as determined by the National Intelligence Director,
in consultation with the Attorney General, or sensitive law enforcement,
counterterrorism or ongoing operations, as determined by the Attorney
General, the information may be withheld. The Board is also authorized
to make written requests to persons outside of government to produce
information, documents and other evidence. If the person to whom such a
request does not comply within 45 days, the Board is authorized to
notify the Attorney General and the Attorney General, in his discretion,
could take such steps as are appropriate to ensure compliance with the
request.

*Sense of the Congress on the Designation of Privacy and Civil Liberties
Officers*

This section is a sense of the congress that each executive department
or agency with law enforcement or anti-terrorism functions should
designate a privacy and civil liberties officer.

**Analysis**

*Alternative Analysis*

Not later than 180 days after the effective date of the Act, the DNI
shall establish a process and assign an individual or entity the
responsibility of ensuring that elements of the intelligence community
conduct alternative analysis as appropriate. Not later than 270 days
after the effective date of the Act, the DNI must submit a report to the
Congressional intelligence committees concerning implementation.

*Safeguarding Objectivity in Intelligence Analysis*

Not later than 180 days after the effective date of this Act, the DNI
shall identify an individual within the Office of the DNI 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. Not later than 270 days after the
effective date of this Act, the DNI shall provide a report to the
Congressional intelligence committees on implementation.

*Analytic Integrity*

Not later than 180 days after the date of the enactment of this Act, the
DNI shall 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.

The individual or entity assigned responsibility 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; and shall be
responsible for identifying on an annual basis functional or topical
areas of analysis for specific reviews. Each review should include,
among other things, 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, and properly
distinguish between underlying intelligence and the assumptions and
judgments of analysts. Not later than December 1 each year, the DNI
shall submit to the Congressional intelligence committees and other
entities a report containing a description and the associated findings
of each review.

**Preservation of Authorities**

The bill provides that the President shall issue guidelines to ensure
effective implementation of the authorities provided to the DNI in a
manner that respects and does not abrogate the statutory
responsibilities of the Director of OMB and the heads of executive
branch departments.

**National Counterterrorism Center**

The National Counterterrorism Center (NCTC) is established in the Office
of the DNI. The Director of the NCTC is Senate-confirmed and may not
simultaneously serve in any other capacity in the executive branch. The
Director of the NCTC reports to the DNI on budget and intelligence
matters, but to the President on the planning and progress of joint
counterterrorism operations (other than intelligence operations). The
NCTC will conduct "strategic operational planning," which is defined to
include the mission, the objectives to be achieved, the tasks to be
performed, interagency coordination of operational activities, and the
assignment of roles and responsibilities. The NCTC Director shall
monitor the implementation of strategic operational plans and shall
obtain relevant information from departments and agencies on the
progress of such entities in implementing the plans.

**National Counterproliferation Center**

The President shall establish a National Counterproliferation Center
(NCPC) not later than 18 months after the date of enactment. The
President may waive this requirement if the President determines that it
does not materially improve the government's ability to halt the
proliferation of weapons of mass destruction. Such a waiver shall be
made in writing and it must be submitted to Congress.

**National Intelligence Centers**

The DNI is authorized to establish national intelligence centers to
address intelligence priorities, such as regional issues. These centers
shall have primary responsibility, in their areas of intelligence
responsibility, for providing all-source analysis and for identifying
and proposing to the DNI intelligence collection and production
requirements. The DNI shall ensure that the centers have sufficient
personnel and that the intelligence community shares information in
order to facilitate their mission. Each center shall have a separate
budget account.

**Joint Intelligence Community Council**

There is established a Joint Intelligence Community Council (JICC),
chaired by the DNI, which is composed of the Secretaries of State,
Treasury, Defense, Energy, and Homeland Security, as well as the
Attorney General and such other officers as the President may designate.
The JICC shall assist the DNI by advising on budget and other matters
and by ensuring the timely execution of the programs, policies, and
directives of the DNI.

**Education and Training**

The DNI develops a comprehensive education, recruitment, and training
plan to meet the linguistic requirements for the intelligence community.
The DNI is further responsible for establishing an integrated framework
that brings together the educational components of the intelligence
community to promote joint education and training. Finally, the DNI
establishes an Intelligence Community Scholarship Program, to provide
college scholarships for students in exchange for service within the
intelligence community.

**Open Source Intelligence**

The DNI shall ensure that the intelligence community makes efficient and
effective use of open source information and analysis. It is the sense
of Congress that the DNI should establish an intelligence center for the
purpose of coordinating the collection, analysis, production, and
dissemination of open source intelligence, and the DNI must report to
Congress on this matter.

**Effective Date / Implementation Plan**

Title I shall take effect not later than six months after enactment. The
President shall submit to Congress an implementation plan not later than
180 days after the effective date. Not later than 60 days after the
appointment of the initial DNI, the DNI shall appoint individuals to
positions within the Office of the DNI.

**'Lookback' Provision**

Not later than one year after the effective date of the Act, the DNI
shall submit to the Congressional intelligence committees a report on
the progress being made to implement this title and such recommendations
for additional legislative or administrative action as the DNI considers
appropriate.

**TITLE II**

**Federal Bureau of Investigation**

*Improvement of FBI Intelligence Capabilities*

The FBI will improve its intelligence capabilities through the
development of a national intelligence workforce. The FBI Office of
Intelligence shall be redesignated the Directorate of Intelligence.

*Personnel authorities*

The FBI Director is given greater flexibility in establishing analyst
positions and corresponding rates of pay. The FBI is given additional
authority to raise the mandatory retirement age to 65 years of age for
up to 50 FBI employees per fiscal year through September 30, 2007.

*Federal Bureau of Investigation Reserve Service*

The FBI has discretionary authority to establish and train a reserve
service for the temporary reemployment of up to 500 former employees of
the Bureau during periods of emergency. Reserve members are not subject
to a reduction in annuity.

*Use of translators*

The Attorney General will submit annual reports to the Judiciary
Committees of the House and Senate regarding the Department of Justice's
translator program.

**TITLE III**

**Security Clearances**

The President designates a single entity to oversee the security
clearance process and develop uniform standards and policies for access
to classified information. The President also designates a single entity
to conduct clearance investigations. Additional investigative agencies
could be designated if appropriate for national security and efficiency
purposes. Reciprocity among clearances at the same level is required.

A national database is established to track clearances. The head of the
entity selected to oversee the security clearance process evaluates and
reports to Congress on the use of available technology in clearance
investigations and adjudications. The head of the entity is further
responsible for consulting with Congress and adjudicative agencies to
develop a plan to reduce the length of the security clearance process
within five years.

**TITLE IV -- TRANSPORTATION SECURITY**

**Subtitle A- National Strategy for Transportation Security**

This section implements key 9/11 Commission recommendations with respect
to transportation security by requiring that the Secretary of Homeland
Security develop and implement a national strategy for transportation
security.

**Subtitle B- Aviation Security**

These sections implement 9/11 Commission recommendations to improve
passenger prescreening (including improved use of the "no fly" and
"automatic selectee" lists), and to ensure that these watchlists do not
violate privacy or civil liberties. It also implements a recommendation
to give priority attention to screening passengers and their bags for
explosives.

This subtitle also directs the Transportation Security Administration to
develop a plan for implementing improved explosives detection equipment.
Other provisions help protect air marshals, improve performance of
airport screeners and enhance in-line baggage screening. Additional
provisions improve pilot licenses, general aviation security, biometric
technology and technology to protect against shoulder fired missiles.

**Subtitle C- Air Cargo Security**

Pursuant to a general 9/11 Commission recommendation to improve air
cargo security, this subtitle requires the Transportation Security
Administration to develop better technologies for air cargo security,
authorizes funding for equipment and research and development, requires
the Department finalize its air cargo regulations within 8 months, and
requires a pilot program to evaluate the use of currently available and
next generation blast-resistant containers.

**Subtitle D- Maritime Security**

This subtitle directs the Transportation Security Administration to
begin screening passengers and crew of cruise ships against
comprehensive consolidated terrorist databases within 180 days. It also
requires certain maritime-security plans, reports and assessments to be
completed in a timely manner.

**Title V---BORDER PROTECTION, IMMIGRATION AND VISA MATTERS**

**Subtitle A---Advanced Technology Northern Border Security Pilot
Program**

This subtitle permits the Secretary of Homeland Security to carry out a
pilot program to test advanced technologies that will improve border
security between ports of entry along the northern border of the U.S.,
requires a report to Congress, and authorizes appropriation of such sums
as may be necessary to carry out the pilot program. Among the program's
features would be the use of advanced technology for border
surveillance, and operation in remote stretches along the border with
long distances between 24-hour ports of entry and a relatively small
presence of border patrol agents.

**Subtitle B---Border and Immigration Enforcement**

*Border Surveillance*

This section requires the Secretary of Homeland Security to submit to
the President and Congress a plan for the systematic surveillance of the
southwest border of the U.S. by remotely piloted aircraft, and to
implement such plan as a pilot program. Among the missions of this
program would be the interdiction of the illegal movement of people,
weapons, and other contraband across the border, and assisting in the
dismantling of smuggling and criminal networks along the border. This
section also authorizes the appropriation of such sums as may be
necessary to carry out this provision.

*Increase in Full-Time Border Patrol Agents*

This section requires the Secretary of Homeland Security, in each of
fiscal years 2006 through 2010, to increase the numbers of border patrol
agents by not less than 2,000, subject to available appropriations. In
addition, this provision would require a number of agents equaling at
least 20% of each year's increase in agents to be assigned to the
northern border.

*Increase in Full-Time Immigration and Customs Enforcement
Investigators*

This section requires the Secretary of Homeland Security, in each of the
fiscal years 2006 through 2010, to increase the numbers of Immigration
and Customs Enforcement investigators by not less than 800, subject to
available appropriations.

*Increase in Detention Bed Space*

This section requires the Department of Homeland Security, in each of
the fiscal years 2006 through 2010, to increase the number of beds
available for immigration detention and removal operations by not less
than 8,000, subject to available appropriations. It would also require
the Secretary to give priority for the use of these additional beds to
the detention of those charged with removability under section 237(a)(4)
or inadmissibility under section 212(a)(3) of the Immigration and
Nationality Act.

**Subtitle C---Visa Requirements**

*In Person Interviews of Visa Applicants*

This section requires an in-person consular interview of most applicants
for nonimmigrant visas between the ages of 14 and 79. It includes
certain waivers that may be granted by consular officials or the
Secretary of State.

*Visa Application Requirements*

This section requires an alien applying for a nonimmigrant visa to
completely and accurately respond to any request for information
contained in the application.

*Revocation of Visas and Other Travel Documentation*

This section makes the revocation of a non-immigrant visa by the State
Department grounds for removal. The visa revocation would be reviewable
in a removal proceeding where the revocation provided the sole ground
for removal.

**Subtitle D---Immigration Reform**

*Bringing in and Harboring Certain Aliens*

This section increases criminal penalties for alien smuggling and
requires the Secretary of DHS to develop an outreach program in the U.S.
and abroad to educate the public about the penalties for illegally
bringing in and harboring aliens.

*Deportation of Aliens Who Have Received Military-Type Training from
Terrorist Organizations*

###  This section renders deportable any alien who has received military training from or on behalf of an organization that, at the time of training, was a designated terrorist organization. 

*Study and Report on Terrorists in the Asylum System*

This section requires the General Accounting Office to conduct a study
evaluating the extent to which weaknesses in U.S. asylum system could be
exploited by terrorists.

**Subtitle E---Treatment of Aliens Who Commit Acts of Torture,
Extrajudicial Killings, or Other Atrocities Abroad**

*Inadmissibility and Deportability of Aliens who have Committed Acts of
Torture or Extrajudicial Killings Abroad*

This section renders inadmissible and deportable any alien who has
ordered, incited, assisted, or participated in conduct that would be
considered genocide under U.S. law, and any alien who committed or
participated in an act of torture or extrajudicial killing.

*Inadmissibility and Deportability of Foreign Government Officials Who
Have Committed Particularly Severe Violations of Religious Freedom*

This section renders inadmissible and deportable any alien who, while
serving as a foreign official, was responsible for or directly carried
out, at any time, particularly severe violations of religious freedom.

*Waiver of Inadmissibility*

This section amends the waivers of inadmissibility for aliens who have
participated in Nazi persecution, genocide, or the commission of any act
of torture or extrajudicial killing.

*Bar to Good Moral Character for Aliens Who Have Committed Acts of
Torture, Extrajudicial Killings, or Severe Violations of Religious
Freedom*

This section prevents a finding of good moral character with respect to
any alien who is inadmissible for having participated in genocide,
torture, extrajudicial killing, or particularly severe violations of
religious freedom.

*Establishment of the Office of Special Investigations*

This section creates within the Criminal Division of the Department of
Justice an Office of Special Investigations to detect, investigate, and
take legal action to denaturalize any alien who is inadmissible for
having participated in genocide, torture, or extrajudicial killing.

*Report on Implementation*

This section requires the Attorney General, in consultation with the
Secretary of Homeland Security, to submit to the House and Senate
Judiciary Committees a report on the implementation of this subtitle.

**TITLE VI-TERRORISM PREVENTION**

**Subtitle A - Individual Terrorists As Agents of Foreign Powers**
**("Lone Wolf" Provision)**

Sec. 6001 authorizes the issuance of warrants under the Foreign
Intelligence Surveillance Act of 1978 (FISA) for individuals involved in
international terrorism, but not affiliated with a known terrorist
group. The authority is subject to a sunset at the end of 2005.

Sec. 6002 requires semiannual reports by the Attorney General to the
House and Senate Committees on Intelligence and Judiciary regarding the
number of persons targeted for FISA orders allowing electronic
surveillance, searches, and access to records; the frequency of use of
information in criminal proceedings; and summaries of significant legal
interpretations of the Act and copies of decisions of FISA courts. Such
reports are to be submitted in a manner consistent with the protection
of the national security.

**Subtitle B - Money Laundering and Terrorist Financing**

This section authorizes funding for a series of technology enhancements
to improve the data maintained by the Department of Treasury's Financial
Crimes Enforcement Network (FinCEN), while reducing compliance burdens
on financial institutions. It also reauthorizes the National Money
Laundering Strategy and the Financial Crime-Free Communities Support
Program.

**Subtitle C - Money Laundering Abatement and Financial Antiterrorism
Technical Corrections**

This subtitle makes a number of technical corrections to the USA PATRIOT
Act. It also makes permanent the provisions of title III of the USA
PATRIOT Act, which include only provisions related to money laundering
and financial transactions, by repealing section 303 of the Act, which
provides that the provisions of title III will terminate after September
30, 2004, if both Houses of Congress enact a joint resolution to that
effect.

**Subtitle D - Additional Enforcement Tools**

This subtitle contains miscellaneous additional financial tools to
combat terrorism. For instance, it authorizes the Secretary of the
Treasury to produce currency and other security documents at the request
of foreign governments. It directs the Secretary of Treasury to
prescribe regulations requiring the reporting to FINCEN of certain
cross-border transmittals of funds relevant to the Department of
Treasury's anti-money laundering and anti-terrorist financing efforts.
It requires a report from the Secretary of Treasury regarding U.S.
efforts to combat terrorism financing. It contains a provision that
restricts federal examiners of financial institutions, for one-year upon
leaving the federal government, from accepting compensation for
employment from a financial institution for which the examiner had
responsibility for examining.

**Subtitle E - Criminal History Background Checks**

*PROTECT Act*

Sec. 6401 extends for 12 months a pilot program for criminal history
background checks on volunteers at mentoring groups.

*Criminal History Background Checks*

Sec. 6402 establishes a mechanism by which authorized employers of
security guards can request criminal history background checks of
employees using existing State identification bureaus.

Sec. 6403 requires the Attorney General to report to the Committees on
Judiciary of the House and Senate regarding criminal history record
checks that are statutorily required to be conducted by the Department
of Justice. The AG is to make recommendations for improving,
standardizing, and consolidating existing background check programs for
non-criminal justice purposes.

**Subtitle F - Grand Jury Information Sharing**

Sec. 6501 allows the sharing of grand jury information about terrorist
threats with state, local, tribal, and foreign government officials.
This provision, originally enacted as part of the Homeland Security Act,
did not take effect due to the failure to take account of changes made
to the grand jury rules by the Supreme Court. It also allows the
disclosure of grand jury information to a foreign court or prosecutor
for use in an official criminal investigation.

**Subtitle G -- Providing Material Support to Terrorism**

The first section in this subtitle makes it illegal to knowingly receive
military-type training from a designated foreign terrorist organization.
In order to be prosecuted for this offense, a person must have knowledge
that the terrorist group is so designated or that it engages in
terrorist activity or terrorism, as defined by statute.

The second section in this subtitle makes a number of changes to the
statutes prohibiting the provision of material support to terrorists and
designated foreign terrorist organizations. Key changes include:

-   The changes made to current law by this section are subject to a
    sunset date of December 31, 2006.

-   It clarifies the definitions of several types of material support --
    training, personnel, and expert advice or assistance -- in order to
    respond to rulings by the U.S. Court of Appeals for the Ninth
    Circuit. Also in response to the Ninth Circuit's concerns that
    "training" and "expert advice or assistance" could include
    constitutionally-protected speech, this provides that nothing in the
    section can be construed to abridge rights protected under the
    Constitution.

-   This provision also clarifies current law's requirement that the
    defendant knowingly provide material support to a designated foreign
    terrorist organization. This provision makes it clear that under
    this section, the defendant must know that the organization has been
    designated as an foreign terrorist organization by the Secretary of
    State, or that it engages in the type of terrorist activity that can
    cause an organization to be designated.

-   This provision also includes a provision allowing a person to apply
    to the Secretary of State, acting in concurrence with the Attorney
    General, for a waiver in order to provide personnel, training, or
    expert advice or assistance to a designated foreign terrorist
    organization. The Secretary of State cannot grant the waiver if any
    of the material support may be used to carry out terrorist
    activities.

    The third section in this subtitle makes two changes to the statute
    prohibiting terrorist financing. First, it ensures that the
    concealment of the proceeds of funds can be prosecuted, in addition
    to the concealment of the funds themselves. Second, it modifies the
    statute so that it is criminal to conceal funds when they are to be
    used to support terrorism, in addition to when they have been used
    to support terrorism.

    **Subtitle H -- Terrorist and Military Hoaxes**

    The first section of this subtitle establishes criminal penalties
    for hoaxes relating to terrorism, or the death or disappearance of a
    member of the Armed Services during a war. A violation of either
    offense is punishable up to 5 years in prison. If serious injury
    results from the hoax, the defendant may be imprisoned up to 20
    years, and if death results, the defendant may be imprisoned up to
    life in prison.

    The second section of this subtitle increases the maximum penalties
    for obstruction of justice and false statements in terrorism cases
    from 5 years to 8 years in prison.

    The third section of this subtitle makes a technical amendment
    affecting the statute prohibiting acts of terrrorism transcending
    national boundaries. Federal jurisdiction over such crimes exists,
    among other cases, when any facility of interstate or foreign
    commerce is used in the offense. However, the definition of
    "facility of interstate or foreign commerce" is unclear as to
    whether facilities of foreign commerce are truly covered. This
    provision would make it clear that they are covered.

    **Subtitle I -- Weapons of Mass Destruction Prohibition Improvement
    Act**

    Sec. 6802 expands Federal jurisdiction over crimes involving weapons
    of mass destruction and re-establishes chemical weapons as weapons
    of mass destruction.

    Sec. 6803 provides that a person who participates in or provides
    material support to a nuclear weapons or weapons of mass destruction
    program of a foreign terrorist organization is subject to
    imprisonment for up to 20 years. Makes possession, attempt to
    possess or conspiracy to posses a radiological weapon subject to
    imprisonment for a period of a term of years, up to life.

    **Subtitle J -- Prevention of Terrorist Access to Destructive
    Weapons Act of 2004**

    Sec. 6903 strengthens penalties for the production, possession, and
    use of missile system designed to destroy aircraft. It establishes a
    fine of up to \$ 2 million, mandatory minimum penalties of not less
    than 25 years for; and life imprisonment if death of another results
    from violation of the prohibitions.

    Sec. 6904 strengthens penalties for the production, possession and
    use of atomic weapons. It establishes a fine of up to \$ 2 million;
    a mandatory minimum penalty of 25 years; and life imprisonment if
    death of another results from a violation of the prohibitions.

    Sec. 6905 strengthens penalties for the production, possession, and
    use of radiological dispersal devices. It establishes a fine of up
    to \$ 2 million; a mandatory minimum penalty of 25 years; and life
    imprisonment if death of another results from a violation of the
    section's prohibitions.

    Sec. 6906 strengthens penalties for the production, possession, and
    use of the variola virus. It establishes a fine of up to \$
    2million; a mandatory minimum penalty of 25 years; and life
    imprisonment if death of another results from a violation of the
    sections's prohibitions.

    Sec. 6907 adds the offenses described in Sec. 6903-6906 to the
    offenses for which wire taps can be authorized.

    Sec. 6908 adds the offenses contained in Sec. 6903-6909 to the
    crimes listed in the definition of "Federal crime of terrorism"
    contained in 18 U.S.C. 2332b(g)(5)(B).

    Sec. 6909 adds to the crimes identified in Sec. 6903-6906 to the
    list of predicate crimes for the crimes of money laundering and
    providing material support or resources to designated foreign
    terrorist organizations

    Sec. 6910 amends the Arms Export Control Act by adding the crimes
    listed in Sec. 6903-6906 to the crimes for which individuals who are
    convicted or indicted can be denied export licenses.

    **Subtitle K -- Pretrial Detention of Terrorists**

    This provision adds federal crimes of terrorism punishable by more
    than 10 years in prison to the list of offenses that are subject to
    a rebuttable presumption of pretrial detention. The defendant would
    be able to obtain bail if he could show the judge that he was not a
    flight risk or a danger to the community. A similar presumption
    exists for federal drug crimes punishable by more than 10 years in
    prison, and certain other crimes.

    **TITLE VII\--911 COMMISSION IMPLEMENTATION ACT OF 2004**

    **Subtitle A- The Role of Diplomacy, Foreign Aid, and the Military
    in the War on Terrorism**

    []{.mark}This subtitle reflects and implements 9/11 Commission
    recommendations regarding the importance of using all elements of
    national power, including diplomacy, military action, intelligence,
    covert action, law enforcement, economic policy, foreign aid, public
    diplomacy, and homeland defense to win the war on terrorism. It
    includes findings and a Sense of Congress on the role of terrorist
    sanctuaries in providing support for terrorist operations and the
    need to identify terrorist sanctuaries and develop and implement a
    strategy to eliminate such sanctuaries. It includes a provision that
    would amend the Export Administration Act to include a government's
    actions to prevent and eliminate terrorist sanctuaries as a
    criterion for the licensing for export of sensitive dual-use
    technology to that country. It also amends current law to ensure
    that the State Department Patterns of Global Terrorism reports
    include assessments of the actions countries have taken to prevent
    their territories from being used as terrorist sanctuaries.

    This subtitle includes findings regarding Pakistan's role in
    countering the growth of terrorism, and a Sense of Congress that the
    United States should make a long-term commitment to ensuring a
    stable and secure future in Pakistan, as long as its leaders remain
    committed to combating extremists, with a range of assistance to
    Pakistan. It includes language extending the ability of the
    President to waive foreign assistance restrictions on Pakistan for
    fiscal years 2005 and 2006.

    This subtitle includes a series of provisions entitled the
    \"Afghanistan Freedom Support Act Amendments of 2004\" designed to
    provide flexibility to United States assistance to Afghanistan.
    Among other things, these provisions amend the Afghanistan Freedom
    Support Act of 2002 to make permanent a Coordinator for Assistance
    for Afghanistan, authorize the Coordinator to support and develop
    education, the rule of law, democratic and cultural institutions in
    Afghanistan, and repeal the current law prohibiting assistance to
    Afghanistan. It authorizes such sums as may be necessary to the
    President for each fiscal year from FY2005-FY2009 to provide
    assistance to Afghanistan.

    The subtitle includes findings regarding the need to strengthen the
    relationship and dialogue between the United States and Saudi
    Arabia. It includes findings regarding the need to combat the
    stereotypes of the U.S. in the Muslim world and a Sense of Congress
    that 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 and encourage reform, freedom, democracy, and
    moderation in the Islamic world.

    The subtitle recognizes the importance of integrating public
    diplomacy into the planning and execution of foreign policy. It
    requires an annual strategic plan be prepared and implemented for
    public diplomacy policies. The conference report calls for the
    Foreign Service to recruit individuals with expertise and
    professional experience in public diplomacy, and to emphasize the
    importance of public diplomacy skills and techniques in Foreign
    Service training. It also requires Foreign Service promotion boards
    to consider whether a Foreign Service Officer has demonstrated
    public diplomacy skills.

    The subtitle includes provisions encouraging the President and the
    Secretary of State to support and expand the work of the United
    Nations democracy caucus, and to undertake reform of membership in
    United Nations bodies and other multilateral institutions. It
    directs the State Department to require multilateral diplomacy
    training for Foreign Service Officers and civil service employees.

    The subtitle authorizes the President to expand international
    exchange programs and calls for a long-term and sustainable
    investment in promoting engagement with countries with predominately
    Muslim populations. It also establishes a pilot program to provide
    grants to students from countries with predominantly Muslim
    populations to study in American-sponsored school in their
    countries. The subtitle includes findings regarding the need to
    improve education in the Middle East and authorizes the President to
    establish an International Youth Opportunity Fund to provide
    financial assistance for the improvement of public education in the
    Middle East.

    The subtitle includes findings regarding the importance of economic
    development in combating the breeding grounds for terrorism and
    declares it is a Sense of Congress that a comprehensive United
    States strategy to counter terrorism should include economic
    development policies. It authorizes to be appropriated such sums as
    may be necessary for each of fiscal years 2005 and 2006 for the
    Middle East Partnership Initiative, a program that is currently
    authorized in law, and expresses the Sense of Congress that a
    significant portion of those fund should be made available to
    promote the rule of law in the Middle East.

    The subtitle recognizes the need to cut off funding for terrorists
    and emphasizes the importance of targeting terrorist financial
    facilitators It includes a provision that eliminates the current
    requirement that designations of Foreign Terrorist Organizations
    (FTOs) lapse after two years unless renewed by the Secretary of
    State and replaces this requirement with procedures allowing
    entities designated as FTOs to petition the Secretary every two
    years to have their designations revoked, and a mandatory review of
    designations after five years if they have not previously been
    reviewed as a result of a petition.

    The subtitle includes a provision requiring that the President
    submit to Congress not later than 180 days after the date of
    enactment a report on the activities of the United States government
    to carry out this title. The subtitle also includes amendments to
    the Case-Zablocki Act to require the Administration to submit all
    international agreements to Congress.

    **Subtitle B- Terrorist Travel and Effective Screening**

    This subtitle requires the Director of the NCTC to submit to
    Congress 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. This section also requires
    improvements in technology and training that will assist border,
    consular and immigration officers in detecting and combating
    terrorist travel. The subtitle establishes in law the Human
    Smuggling and Trafficking Center, which includes an interagency
    program devoted to countering terrorist travel. Additionally, the
    subtitle requires the Secretary of Homeland Security, in
    consultation with the Director of the NCTC, to establish a program
    to oversee DHS's responsibilities with respect to terrorist travel
    and establishes a Visa and Passport Security Program within the
    Bureau of Diplomatic Security at the Department of State to
    strengthen efforts to prevent theft and misuse of U.S.-issued
    passports and visas.

    This subtitle also provides authorization for an increase in the
    number of consular officers by 150 per year from fiscal year 2006
    through 2009 and ensures that there will be at least one full-time
    anti-fraud specialist at all high-fraud diplomatic and consular
    posts where visas are issued unless there is a full-time employee of
    the Department of Homeland Security assigned to such post pursuant
    to section 428 of the Homeland Security Act. Other provisions in
    this subtitle include a section encouraging international agreements
    to track and curtail terrorist travel through the use of fraudulent
    documents and a section encouraging international agreements to
    establish international standards for transliteration of names into
    the Roman alphabet for international travel documents and name-based
    watchlist systems.

    This subtitle also includes provisions that strengthen control over
    access at U.S. ports-of-entry. The subtitle calls for the
    accelerated deployment a biometric entry and exit system that would
    help verify the identities of individuals entering and leaving the
    U.S. based not just on the identity documents they carry, but on
    their physical features. The subtitle also calls for individuals
    entering into the U.S., including U.S. citizens and visitors from
    Canada and other Western Hemisphere countries to bear a passport or
    other document sufficient to denote citizenship and identity.
    Additionally, the bill requires DHS to promulgate minimum standards
    for identification documents required of passengers seeking to board
    domestic flights subject to Congressional approval.

    The subtitle also includes programs that "push out our borders" by
    increases the screening of threatening individuals before they reach
    the U.S. These measures include expanding the program that places
    U.S. immigration experts at foreign airports both to provide expert
    advice to airlines and foreign immigration officials concerning
    individuals bordering flights bound for the U.S., and increasing the
    number of foreign airports where visitors will be "pre-inspected"
    before reaching the U.S.

    Finally, the subtitle requires the establishment of new standards to
    ensure the integrity of the three basic documents Americans use to
    establish their identity -- birth certificates, state-issued
    driver's licenses and identification cards, and social security
    cards. The provisions in the subtitle establish new requirements to
    ensure that the applicant for the identity document is actually the
    person whom the applicant is claiming to be and the physical
    security of the document. States would receive grants to assist them
    in implementing new birth certificate and driver's license
    requirements.

    **Subtitle C \-- National Preparedness**

    *The Incident Command System*

    This section expresses the Sense of Congress that the United States
    needs to implement a 9-11 Commission recommendation by adopting a
    unified incident command system and significantly enhancing
    communications connectivity between and among all levels of
    government and emergency response providers.

    *The National Capital Region Mutual Aid*

    This section authorizes mutual aid for first responders in the
    National Capital Region. A recommendation of the 9-11 Commission,
    this provision removes obstacles to mutual aid by addressing
    liability and other issues that arise when first responders in
    jurisdictions neighboring and including the nation's capital provide
    assistance to other jurisdictions in the region.

    *Enhancement of Public Safety Communications Capabilities*

    This section establishes programs for the enhancement of public
    safety communications interoperability, and urban and other
    high-risk area communications capabilities. It authorizes the
    establishment of an office within the Directorate of Science and
    Technology to carry out programs related to SAFECOM and other
    related programs. It authorizes the use of multi-year commitments by
    the Secretary of Homeland Security when funding public safety
    interoperable communications projects at the state and local level,
    and mandates reports to Congress on the development of national
    voluntary consensus standards for public safety interoperable
    communications.

    *Regional Model Strategic Plan Pilot Projects*

    This section establishes pilot projects in no fewer than two high
    threat urban areas to develop a regional strategic plan to foster
    interagency communications.

    *Private Sector Preparedness*

    This section expresses the Sense of Congress that the Department of
    Homeland Security should promote adoption of voluntary national
    preparedness standards for the private sector.

    *Critical Infrastructure and Readiness Assessments*

    This section requires the Department of Homeland Security to report
    to Congress on its assessment of critical infrastructure protection
    needs and the readiness of the Government to respond to threats
    against the U.S.

    *Report on the Northern Command and Defense of the United States
    Homeland*

    This section expresses the Sense of Congress that the Secretary of
    Defense should regularly assess the adequacy of the Northern
    Command's plans and strategies.

    **Subtitle D- Homeland Security Grants**

    *Homeland Security Grants*

    This section expresses the Sense of Congress that Congress must act
    to pass legislation in the first session of the 109^th^ Congress to
    reform the system for distributing grants to enhance state and local
    government prevention of, preparedness for, and response to acts of
    terrorism.

    *Emergency Preparedness Compacts*

    This section requires FEMA to establish a program supporting the
    development of emergency preparedness compacts.

    *Office of Counternarcotics Enforcement*

    This section elevates and expands the duties of the Counternarcotics
    officer in the Department of Homeland Security. The Director of this
    office is tasked with coordinating policy with respect to
    counternarcotic activities.

    **Subtitle E -- Public Safety Spectrum**

    *Public Safety Spectrum*

    This section requires studies of the need for allocation of
    additional spectrum for first responder needs and to assess
    strategies that may be used to meet public safety telecommunications
    needs. A separate provision expresses the Sense of Congress that
    Congress must act in the first session of the 109^th^ Congress to
    establish a comprehensive approach to the timely return of analog
    broadcast spectrum as early as December 31, 2006.

    *Pilot study regarding warning systems*

    This section provides for a pilot project similar to the AMBER alert
    network to notify the public in the event of a terrorist attack.

    **Subtitle F- Presidential Transition**

    This section requires the outgoing administrations to provide the
    president-elect with a classified, compartmented summary of specific
    threats to national security. Each major party presidential
    candidate would have discretionary authority to submit the names of
    transition team members shortly after their nomination to expedite
    the issuance of security clearances. The President-elect is directed
    to submit the names of candidates for national security positions as
    soon as possible after the date of the general election to expedite
    the issuance of security clearances. The language expresses the
    sense of the Senate that nominees for national security positions
    should be processed in an expeditious manner.

    **Subtitle G -- Improving International Standards and Cooperation to
    Fight Terrorist Financing**

    This subsection works to better combat terrorist financing by
    requiring better coordination and building on international
    coalitions. It states the Sense of Congress that the Secretary of
    the Treasury should continue to promote the dissemination of
    international anti-money laundering and combating the financing of
    terrorism standards. It expands reporting requirements for the
    Secretary of Treasury to include assessments of progress made in
    these areas. It also requires the Secretary of Treasury to convene
    an inter-agency council to develop policies to be pursued by the
    United States regarding the development of common international
    anti-money laundering and combating the financing of terrorism
    standards.

    **Subtitle H-Emergency Financial Preparedness**

    []{.mark}This subtitle would provide a number of measures to enhance
    emergency financial preparedness for fiscal authorities and markets.

    Chapter One provides for enhanced delegation authority for the
    Secretary of the Treasury to appoint a Fiscal Assistant Secretary in
    the absence or inability to serve of the current Fiscal Assistant
    Secretary. Under current law, the Secretary may only appoint "an
    officer" of the Treasury Department. The new provision would make
    any Treasury employee eligible for such appointment. The Fiscal
    Assistant Secretary is the head of the Fiscal Service, an entity in
    the Treasury Department comprised of the Bureau of Government
    Financial Operations and the Bureau of the Public Debt.

    Chapter Two empowers the SEC to take action in an "emergency" to
    maintain or restore fair and orderly securities markets, ensure
    "prompt, accurate and safe" transaction settlement, and prevent
    disruptions of markets or market activities. Such action shall last
    for 10 business days, but may extend up to 30 calendar days should
    the public interest require. The action can only pertain to markets
    and actors normally within the SEC's jurisdiction. The Secretary of
    the Treasury is given comparable authority over markets for
    government securities. In addition, the subtitle contains a "sense
    of Congress" that insurance and credit rating firms should consider
    a firm's "compliance with standards for private sector disaster and
    emergency preparedness" when assessing the firm's insurability and
    creditworthiness. This is consistent with the 9/11 Commission
    Report, which made the identical recommendation.

    []{.mark}

    **TITLE VIII-- GENERAL PROVISIONS**

    **Subtitle A--Intelligence Matters**

    *Intelligence Community Use of National Infrastructure Simulation
    and Analysis Center*

    This section provides that the National Intelligence Director shall
    establish a formal relationship, including information sharing,
    between elements of the intelligence community and the National
    Infrastructure Simulation Center.

    **Subtitle B-- Department of Homeland Security Matters**

    *Homeland Security Geographic Information*

    This section creates an Office of Geospatial Management under the
    Chief Information Officer in the Department of Homeland Security to
    coordinate the geospatial information needs of the Department.
    Geospatial information, which includes maps, charts, remote sensing
    data and images, and aerial photographic images, is an integral tool
    used by most government agencies.

    **Subtitle C-- Homeland Security Civil Rights and Civil Liberties
    Protection**

    *Homeland Security Civil Rights and Civil Liberties Protection*

    This subtitle includes the provisions of the Homeland Security Civil
    Rights and Civil Liberties Protection Act of 2004. These provisions
    would codify existing responsibilities of the Officer for Civil
    Rights and Civil Liberties at the Department of Homeland Security,
    which include assisting the Secretary of Homeland Security in
    developing, implementing, and reviewing Department policies and
    procedures to ensure civil rights and civil liberties are
    appropriately considered; overseeing compliance with constitutional,
    statutory, and policy requirements relating to civil rights and
    civil liberties; and investigating complaints.

    This subtitle also provides that the Officer for Civil Rights and
    Civil Liberties and the Privacy Officer of the Department of
    Homeland Security coordinate on programs, policies, and procedures
    that involve civil rights, civil liberties, and privacy
    considerations.

    This subtitle also provides for the Inspector General of the
    Department of Homeland Security to designate a senior official
    within the Office of the Inspector General who would be responsible
    for coordinating the activities of the Office with respect to civil
    rights and civil liberties and consulting with the Officer for Civil
    Rights and Civil Liberties. .

    *Protections for human research subjects of the Department of
    Homeland Security*

    This section requires the Department of Homeland Security to ensure
    that the Department complies with the protections for human research
    subjects in Title 45, part 46 of the CFR, widely known as the
    "Common Rule." The Common Rule specifies how research involving
    human subjects is to be conducted and reviewed, including
    requirements for obtaining informed consent. While these protections
    have been adopted by 17 federal departments and agencies to date,
    the Department of Homeland Security has not yet become a signatory
    to the Common Rule.

    **Subtitle D -- Other Matters**

    *Amendments to Clinger-Cohen Act Provisions to Enhance Agency
    Planning for Information Security Needs*

    This provision amends the Clinger-Cohen Act to explicitly require
    federal agencies to emphasize information security from the earliest
    possible stages of a new system\'s IT capital planning and
    investment decision-making process.

    *Enterprise Architecture*

    This section requires the Federal Bureau of Investigation (FBI) to
    continually maintain and update an enterprise architecture; and
    maintain a state of the art and up to date information technology
    infrastructure that is in compliance with the enterprise
    architecture of the FBI. Specifically the FBI is required to develop
    a detailed outline or blueprint of its information technology that
    will satisfy the ongoing mission and goals of the FBI and that sets
    forth specific and identifiable benchmarks. The Director of the FBI
    shall report to the House and Senate Judiciary Committees on whether
    the major information technology investments of the FBI are in
    compliance with its enterprise architecture and identify any
    inability or expectation of inability to meet the terms set forth in
    the enterprise architecture.

    *Financial disclosure and records*

    This section would require the Office of Government Ethics to submit
    a report to Congress evaluating the financial disclosure process for
    executive branch employees within 90 days of the date of enactment;
    require the Office of Personnel Management to electronically submit
    a list of Presidentially appointed positions to each major party
    candidate after his or her nomination; and require the Office of
    Government Ethics, in consultation with the Attorney General, to
    report to Congress on the conflict of interest laws relating to
    federal employment. The provision would also require each agency to
    submit a plan to the President and Congress that includes
    recommendations on reducing the number of positions requiring Senate
    confirmation.

    *Extension of requirement for air carriers to honor tickets for
    suspended air passenger service*

This provision would extend an existing provision of law requiring
airlines to honor, under certain conditions, tickets issued by bankrupt
carriers that have suspended passenger service.